Agenda 04/22-23/2008 Item #16B 1
Agenda Item No. 1681
April 22, 2008
Page 1 of 47
EXECUTIVE SUMMARY
Recommendation to approve a Hazard Mitigation Grant Program (HMGP)
agreement between the State of Florida Division of Emergency Management and the
County for a Wind Protection project and approve the associated budget
amendment.
OBJECTIVE: To obtain Board approval for a Hazard Mitigation Grant Program
(HMGP) agreement with the State of Florida Division of Emergency Management for a
Wind Protection project and approve the associated budget amendment. The installation
of shutters will provide protection for the Road Maintenance Administration building.
CONSIDERATION: The Board of County Commissioners approved the submittal
application for this Wind Protection project on September 12, 2006 (Item# 16EI I).
Notification of the grant award was received by staff on February 20, 2008.
This grant program is the direct result of the Presidential Disaster Declaration related to
Hurricane Wilma (FEMA-1609-DR-FL). Although the program is managed at the state
level by the Florida Department of Community Affairs, funding is allocated to the state
by the United States Department of Homeland Security, Federal Emergency Management
Agency.
Total cost of this wind protection project is estimated at $29,997, Total amount of the
grant award is $22,498 (75% of the total), with a local match amount required of $7,499,
The Collier County Road Maintenance Facility, located at 4800 Davis Blvd, plays an
essential part to the overall disaster recovery plan for Collier County. The administration
building acts as the point of contact or headquarters for communicating crucial
information regarding roadway conditions and clean-up.
FISCAL IMPACT: The total project cost is estimated at $29,997. The grant award is
$22,498. Local matching funds in the amount of $7,499 are available in Fund 313,
Project 60173. A budget amendment is needed to recognize the grant revenue.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approves the
Hazard Mitigation Grant Program (HMGP) agreement between the State of Florida
Division of Emergency Management and the County for a Wind Protection project,
approves the associated budget amendment and authorizes the chairperson to sign the
grant agreement.
Prepared by: Lisa Hendrickson, Operations Analyst, Road & Bridge Maintenance Dept.
Item Number:
Item Summary:
Meeting Date:
Page 1 of2
Agenda Item No. 16B1
April 22, 2008
Page 2 of 47
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1681
Recommendation to approve a Hazard Mitigation Grant Program (HMGP) agreement
between the State of Florida Division of Emergency Management and the County for a Wind
Protection project and approve the associated budget amendment. ($29,997.00)
4/22/200890000 AM
Prepared By
Lisa Hendrickson
Transportation Services
Senior Planner
Date
Alternative Transportation Modes
4/2/2008 4,42;40 PM
Approved By
Lisa Hendrickson
Transportation Services
Senior Planner
Date
Alternative Transportation Modes
4/2/2008 4:42 PM
Approved By
John Vliet
Transportation Services
Roads Maintenance Superintendant
Date
Road Maintenance
4/7/20088:25 AM
Approved By
Colleen Greene
County Attorney
Assistant County Attorner
Date
County Attorney Office
4/7/20088:54 AM
Approved By
Marlene J. Foard
Administrative Services
Grants Coordinator
Date
Administrative Services Admin.
4/7/2008 11;10 AM
Approved By
Therese Stanley
Transportation
Grants Coordinator
Date
Transportation Administration
4/8/2008 7;32 AM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
4/8/20083:23 PM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
4/8/20084:47 PM
Approved By
Rookmin Nauth
Transportation Services
Management/Budget Analyst
Date
Transportation Engineering and
Construction
4/9/20089,49 AM
file://C :\Agenda Test\Export\ I 05-April%2022, %202008\ I 6. %20CONSENT%20AGENDA \ I... 4/16/2008
Page 2of2
Agenda Item No. 16B1
April 22, 2008
Page 3 of 47
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
4/9/2008 11 :01 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
4/9/2008 3:39 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/11/20087:34 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/14/20088:51 AM
file://C:\AgendaTest\Export\l 05-April%2022, %202008\ 16.%20CONSENT%20AGENDA \ I... 4/16/2008
DIVISION
"~~
''P}
.Ift
STATE OF FLORIDA
EMERGENCY
Agenda Item No.. 1661
April 22, 2008
Page 4 Df 47
OF
MANAGEMENT
CHARLIE CRIST
Governor
W. CRAIG FUGATE
Director
March 20, 2008
fyls. Lisa Hendrickson
Project Manager
Collier Caumy
4S00 Dalis Baulevard
Naples, FL 34101
Re: FEMA Project 1609-140-R
Collier County, Road Maintenance Administration Building, 'Wind Retrotlt
Dear Ms. Hendrickson:
The Divisian uf Emergency Management (DEM) is pleased to in farm you that the
Fed~ral trncrgcney Managemcnt Agcncy has approved the obligation afHazard Mitigation
Grant Prc'gratT funds for the praject number(s) listed above. Please note that this is an eligible
cost-reimhursement contract, and as such, the recipient must make other funding arrangements to.
camplete this project. However, the rccipicnt may submit periadic requests fl)r paymel~t
lhraughout the project process, consistent wilh the tenns ofthe conLracl.
Enclosed are four copies of the proposed contract between Callicr County and OEM,
The oi'fic:al representative, as listed helaw, will need to. sign both the signature page tPage 18)
and the Certification Regarding Debanncnt, Suspension, Ineligibility and Voluntary Exclusion
lemn (Page 37). All four (4) copies of the contract should then be sent to. tile Tallahassee ad(\rc;s
listed below lor full execution no later than ninety (90) days after receipt of this letter fo,. tinal
execut;or, One fully executed contract will be retumed to Col1icr Caunty far its files,
Official Representatil'es:
C.)unly:
C ty
Indian Tribe:
\V ;.Iter Management District:
'!','l1-Profit:
Chairman of the Board of Commissioners
Mayar
Chief or President
Cbaim1an
Chainnan af the Baard
F l t) R -:0 A' R-rg-c'-5-v-"E-Ffy'-6F-F ICE. D I V I S ION HE A-O QUA RTE--R:;-~STATE LOGISTICSR-ESPONS-E:-CENTER
J'; SkVI'''',8 Ori\..3 2555 ShlJiT'ard Oak Boulevard 2702 Directors Row
l.~~t,~ r,1;Jry. FL 32"146-6201 Tallahassee. FL 32399 2180 Ol';ando. Fl 32809-5631
Tel b5Q-J1J-9969' Fax 850-48B-1015
'!!.:!."- "., - F I 0. C !SLl~) j;d.2 1_i!~~_Ul
Ms. Lisa Hendrickson
March 20. 2008
Page Two
Agenda Item No. 1681
April 22, 2008
Page 5 of 47
Ifthere is an official that is not listed above who is authorized to sign the contracts for
your organization. please provide a copy of the organization's resolution or charter that
spec; fically identifies the person or position that is authorized to sib'll.
Additional assistance is available regarding your approved HMGP project on the Florida
Division of Emergency Management Website:http://www.floridadisaster.ofl!/brm/hml?:p.htm.
Please reference the heading: Grant Management Tools Listed Below whieh contains sample
documents that will provide guidance for completing requests for reimbursement, requests for
advance payment, reporting requirements and supportipg documents containing important points,
and suhgrantee close-out checklists.
I r you have qucslions regarding this contract or who is authorized to sign it, please call
Shaurita .I ackson at (850) 922-5332.
Respectfully,
~
.......
W. Craig Fugate. Director
Division of Emergency Management
WCF:sj:1J
Enclosurts
Agenda Item No. 16B1
April 22, 2008
Page 6 of 47
Contract Number: 08HM-6G-09-21-01-055
CFDA Number: 97,039
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency
Managerrent. with headquarters in Tallahassee, Florida (hereinafter referred to as "Division"), and Collier
County, (Ilereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS:
A WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein: and
B WHEREAS, 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 hereinafter set forth; and
C WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under this
Agreement.
NOW, THEREFORE, the Division and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS. RULES, REGULATIONS AND POLICIES
Both the Recipient and the Division shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment B.
(31 PERIOD OF AGREEMENT.
This Agreement shall begin January 31,2008 and shall end June 30, 2010, 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 mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
Agenda Item No, 16B1
April 22, 2008
Page 7 of 47
(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 OMS Circular No, A-110, "Grants and Agreements with Institutions of High
Educatlor', Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-87, "Cost
Principles for State and Local Governments," OMB Circular No, A-21, "Cost Principles for Educational
Institutions," or OMS 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 demonstrating its compliance with the
terms of tllis Agreement, and the compliance of all subcontractors or consultants to be paid from funds
provided 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 Chief Financial Officer, or Auditor General access to such
records upon request. The Recipient shall ensure that audit working papers are made available to the
Division or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years
from the date the audit report is issued, unless extended in writing by the Division, with the following
exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year
period ane extends beyond the five year period, the records will be maintained 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 of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years
after closing 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 supporting documentation of
all progralT' costs, in a form sufficient to determine compliance with the requirements and objectives of the
Budget anel Scope of Work - Attachment A - and all other applicable iaws and regulations.
2
Agenda Item No. 16B1
April 22, 2008
Page 8 of 47
(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 be construed according to the
circumstances but ordinarily shall 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.
(EI) AUDIT REQUIREMENTS
(a) The Recipient agree5 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 all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Division, "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m, to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department and/or the Division 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
indicates F'ederal 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. The
determination of amounts of Federal awards expended should be in accordance with the guidelines
estabtlshed by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor
Generai in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements
of this pa",graph.
3
Agenda Item No. 16B 1
April 22, 2008
Page 9 of 47
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfil! the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A,133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event tha: the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A,133, as revised, the cost of
the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
,320 (d), OMB Circular A,133, as revised, by or on behalf of the Recipient directlv to each of the following:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[an electronic copy shall also be submitted to aurilla.parrish@dca.state.f1.us]
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 (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections ,320 (e) and (f), OMB
Circular A-133, as revised.
(f) Pursuant to Section ,320 (f), OMB Circular A-133, as revised, the Recipient shall
submit a capy 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 following addresses:
4
Agenda Item No. 16B 1
April 22, 2008
Page 100f47
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[an electronic copy shall also be submitted to aurilla.parrish@dca.state.fl.us]
and
Division of Emergency Management
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted to the
Department and the Division pursuant to this Agreement shall be submitted timely in accordance with
OMS 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, when submitting financial reporting packages to the Department and 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, should indicate
the date that the reporting package was delivered to the Recipient in correspondence accompanying the
reporting Jackage.
(i) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, 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 (30) days after the Department or the Division has
notified the Recipient of such non-compliance.
U) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who
shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat.
The IPA s1all state that the audit complied with the applicable provisions noted above. The audit must be
submitted to the Department and the Division no later than seven (7) months from the end of the
Recipient's fiscal year,
(7) REPORTS
(a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with
a c1ose,out report. These reports shall include the current status and progress by the Recipient and all
subrecipie1ts and subcontractors in completing the work described in the Scope of Work and the
5
Agenda Item No. 16B1
April 22, 2008
Page 11 of 47
expenditure of funds under this Agreement, in addition to such other information as requested by the
Division.
(b) Quarterly reports are due to be received by the Division no later than 15 days after
the end of each quarter of the program year and shall continue to be submitted 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 upon
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies, prescribed above, 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 such other action as set forth in Paragraph (11) REMEDIES.
"Acceptable to the Division" means that the work product was completed in accordance with the Budget
and Scop" of Work, Attachment A.
(e) The Recipient shall provide such additional program updates or information as may
be required by the Division.
(E) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are met, the Budget and Scope of Work, Attachment A is accomplished within
the specified time periods, and other performance goals stated in this Agreement are achieved, Such
review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment
A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and
Section 215.97, Fla, Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures
may include, but not be limited to. on-site Visits by the DiviSion staff, limited scope audits as defined by
OMB Circular A-133, as revised, and/or other procedures, By entering into this Agreement, the Recipient
agr"es to comply and cooperate with all monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limiled scope audit of the Recipient is
approprral,', the Recipient agrees to comply with any additional instructions provided by the Division to
6
,.--1..;-."..,.,..,.,..,.-,_....,
Agenda Item No. 16B1
April 22, 2008
Page 12 of 47
the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Comptroller 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 shall be solely responsible to parties with whom it shall deal in carrying out the terms
of this agreement, and shall hold the Division harmless against all claims of whatever nature by third
parties ar.sing out of the performance of work 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 who is a state agency or subdivision, as defined in Section 768.28.
Fla, Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees
to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to
serve as CI waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing
herein sh,,11 be construed as consent by a state agency or subdivision of the State of Florida to be sued
by third p"rties 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 tc make any further payment of funds hereunder shall, if the Division so elects, terminate and the
Division may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Division may
make any payments or parts of payments after the happening of any Events of Default without thereby
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 shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in
this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or
is unable cr unwilling to meet its obligations thereunder;
7
Agenda Item No, 1681
April 22, 2008
Page 13 of 47
(b) If any material adverse change shall occur in the financial condition of the Recipient
at any tirre during the term of this Agreement, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time 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 beeo submitted with incorrect, incomplete or insufficieot information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
('1) REMEDIES.
Upon the happening of an Event of Default, then the Division may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure
within said thirty (30) day period, 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 (30)
days prior written notice of such termination, The notice shall be effective when placed in the United
States mE'il, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to
the address set forth in paragraph (13) herein;
(b) Commence an appropriate legal or equitable action to enforce performance of this
Agreemer,t:
(c) Withhoid or suspend payment of all or any part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:
1. requesting additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance,
2. issuing a written warning to advise that more serious measures may be taken
if the situation is not corrected,
3. advising the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
4, reqUIring the Recipient to reimburse the Division for the amount of costs
incurred for any Items determined to be ineligible;
8
Agenda Item No. 1681
April 22, 2008
Page 14 of 47
(e) Require that the Recipient return to the Division any funds which were used for
ineligible purposes under the program laws, rules and regulations governing the use of funds under this
program,
(f) Exercise any other rights or remedies which may be otherwise available under
law.
(g) The pursuit of anyone of the above remedies shall not preclude the Division from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
Division of any right or remedy granted hereunder or failure to insist on strict performance by the
Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder.
or affect the subsequent exercise of the same right or remedy by the Division for any further or
subsequent default by the Recipient.
C 2) TERMiNATION.
(a) The Division may terminate this Agreement for cause upon such written notice as is
reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of cOl1pliance with applicable rules, laws and regulations; failure to perform in a timely manner; 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 the continuation of the Agreement would not produce beneficial results
commensurate With the further expenditure of funds, by providing the Recipient with thirty (30) calendar
days prior written notice,
(c) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish 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
the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the
Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the
9
Agenda Item No. 16B 1
April 22, 2008
Page 15 of 47
Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for
purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is
determined.
(t3) 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 identified below
at the address set forth below and said 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(a)em.mvflonda.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Ms, Lisa Hendrickson
Project Manager
Collier County
4800 Davis Boulevard
Napies, Florida 34101
Telephone: (239)774,8924
Fax: (239)746-6406
Email: LisaHendrickson(a)collierqov.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 rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
If :he Recipient subcontracts any or all of the work required under this Agreement, a copy of the
fully executed subcontract must be forwarded to the Division within ten (10) days of execution for review
and appro ,al. 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 ansing out of the subcontractor's performance of work under this Agreement, to the
10
Agenda Item No. 16B1
April 22, 2008
Page 16 of 47
extent allowed and required by law, Each subcontractor's progress in performing its work under this
Agreemel1t shall be documented in the quarterly report submitted by the Recipient.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether tllat subcontractor is a minority vendor, as defined in Section 288.703, Fla, Stat..
(' 5) 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 herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such 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 $22,798,00
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.
(b) Any advance payment under this Agreement is subject to Section
216,181(W), Fla.Stat. and is contingent upon the Recipient's acceptance of the rights of the Division
11
Agenda Item No. 16B1
April 22, 2008
Page 17 of 47
under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the
expected ,;ash needs of the Recipient within the first three (3) months of the contract term, For a
federally f'Jnded contract, any advance payment is also subject to federal OMB Circulars A-87, 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 shall be included in this
Agreemert as 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.
An advance payment of $
is requested.
(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.
If the necessary funds are not available to fund this Agreement as a result of action by Congress.
the State Legislature, the Office of the Chief Financial Officer, the State Office of Planning and Budgeting
or the Federal Office of Management and Budgeting. all obligations on the part of the Division to make
any furthe- payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report
within thirty (30) days of receipt of notice from the Division.
(13) REPAYMENTS
All refunds or repayments to be made to the Division under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the Department at
the following 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 Department for
collection. the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($1500) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(19) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla, Stat., the Division shall issue payments to vendors
Within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
12
Agenda Item No. 16B1
April 22, 2008
Page 18 of 47
and/or selvices provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result In the Division paying interest at a rate as established pursuant to
Section 51,.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after Issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 413-5516.
(20) STANDARD CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of alt the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subs~quent submission or response to Division request, or in any submission or response to fulfill the
requirements of this Agreement, and such information, representations, and materials are incorporated by
reference. The lack of accuracy thereof or any material changes shalt, at the option of the Division and
with thirty (30) 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 3ny actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in
conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall. be
deemed null and void to the extent of such conflict, and shall be deemed 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 terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of
which may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S,C. Section 12101 et Seq,), if applicable, which prohibits discrimination by public and
private ent'ties on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has 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
13
Agenda Item No, 1681
April 22, 2008
Page 19 of 47
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 consult3n! under a contract with a public entity, and may no! transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
list or on :he discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency,
and which receives funds under this Agreement from the federal government. by signing this Agreement,
the Recipient 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 federat 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 commission of 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, forg"ry, 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
20(h)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
pubiic transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
in addition, the Recipient shall submit to the DiVision (by email or by facsimile transmission) the
completed "Certification Regarding Debarment. Suspension Ineligibility And Voluntary Exclusion"
(Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Division prior to the Recipient entering into a contract with any
prospective subcontractor.
14
Agenda Item No. 1681
April 22, 2008
Page 20 of 47
(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.
U) If otherwise allowed under this Agreement, all bills for any travel expenses shall
be submiJed in accordance with Section 112,061, Fla, Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement for refusal by
the Recipient to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this
Agreement.
(I) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be relurned 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 2T4A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the
Department.
(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 such meetings shall be publicly
noticed. open to the public. and the minutes of all such meetings shall be public records, available to the
public in accordance with Chapter 119, Fla. Stat.
(0) Unless inconsistent with the public interest or unreasonable in cost, all
unmanufactured and manufactured articles, materrals and supplies which are acquired for public use
under thiS ,t>'greement must have been produced in the United States as required under 41 U.S.C. 10a.
15
Agenda Item No. 16B 1
April 22, 2008
Page 21 of 47
(.21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division in connection with this
P,greement 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 know edge 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
agreemer.l.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for infiuencing or attempting to infiuence 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 undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
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,
16
Agenda Item No. 16B1
April 22, 2008
Page 22 of 47
(n) 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 brings to the performance of this Agreement 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 arises or is developed in the course of or as a result of
work or services performed under this Agreement, or in any way connected herewith, the Recipient shall
refer the c'iscovery or invention to the Division for a determination whether patent protection will be sought
in the name of the State of Florida. Any and all patent rights accruing under or in connection with the
performarce of this Agreement are hereby reserved to the State of Florida. In the event that any books,
manuals, 'ilms, or other copyrightable material are produced, the Recipient shall notify the Division. Any
and all copyrights accruing under or in connection with the performance under this Agreement are hereby
transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she knows or should
know co,uld give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-exisling intellectual property which is so 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 accl'ue during performance of the Agreement.
(2.1) LEGAL AUTHORIZATION.
The ReCipient certifies With respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized. by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
17
Agenda Item No. 16B1
April 22, 2008
Page 23 of 47
and assUl'3nces contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(:'4) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Allachme,t C,
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
Recipient COLLIER COUNTY
BY:
Name and title:
Date:
FID#:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY:
Name anc Title: W, Craig Fugate, Director
Date:
{'/I"
,~~:)'.L';-:
''"::''''-~: ~- ~ ,.,' '::~ri~;iH:~JI
~~-
i,"...::.,....'
',-~..." :.. I ' .. _ ""
ATTEST
DWIGI-iT 't.', BROCK, Clerk
!;Ill; _,_
18
Agenda Item No. 1681
April 22, 2008
Page 24 of 47
EXHIBIT-l
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
NOTE: If the resources awarded to the recipient represent 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: $22,798.00
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
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 a specific law(s),
rule(s), or regu/ation(s) that pertains 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.
19
Agenda Item No, 16B1
April 22, 2008
Page 25 of 47
Attachment A
Budget and Scope of Work
Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, Collier County, will wind retrofit the Collier
County Road and Maintenance building, located at 4800 Davis Boulevard, Naples, Florida 34104, by
purchasing and installing automatic locking slate rolling shutters on all of the openings on the building.
If deemed necessary, wind protection will be provided on any other openings such as skylights, vents,
louvers and exhaust fans. All installations will be done in strict compliance with the Florida Building Code
or Miami,Dade Specifications, All materials will be certified to meet the wind and impact standards of the
current lo:al codes. The local municipal or county building department will inspect and certify installation
according to the manufacturer's specifications,
This is FEMA project 1609-140-R, funded under 1609-DR,FL.
The Period of Performance for this project ends on June 30, 2010,
Schedule of Work
State Cortracting:
Order Hurricane Panels:
Engineeri1g Drawing/Layouts:
Permitting:
Installatio'l:
Clean-up:
State Final Inspection:
State Closeout:
Total Period of Performance:
6 Months
5 Months
3 Months
4 Months
3 Months
1 Month
3 Months
3 Months
28 Months
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the
vulnerabil.'ty of the building to property losses and are specifically not intended to provide for the safety of
inhabitants before, during or after a natural man made disaster,
The funding provided by the Division of Emergency Management under this subgrant shal/ compensate
for the materials and labor for the instal/ation 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 fror:> severe weather or other hazards. The funding of this project by the Department does not
confer or ,mply any warranty of use or suitability for the work performed pursuant to this agreement. The
State of F.'orida disclaims all warranties with regard to this mitigation project, express or implied, including
but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a
pafticular purpose, merchantability, or merchantable quality.
This project has not been evaluated by the criteria contained In the standards of the Department of
Homelana Security, Federal Emergency Management Agency (FEMA) guidance manual FEMA 361-
Design and Construction for Community Shelter, and thus does not provide "near absolute protection." It
is understood and agreed by the Department and the Recipient that the building may have vulnerabilities
due to ago, design and focation which may result in damage to the building from wind events even after
the instal/iltion of the mitigation measures funded under Ihis Subgrant Agreement. II is fwther underslood
and agreed by the Departmenl and the Recipient that the level of wind protection provided by Ihe
mitigation action, although meeting State slandards and codes and enhancing the structural integrity of
the buildin" does not ensure the safety of survival of building occupants.
20
Bud~et
Line Item BudClet*
Installation Materials:
Installation Labor:
Fees:
Sub-Total:
Administrative Cost:
Total:
Project Cost
$21,73500
$ 6,957.00
$ 1,305.00
$29,997.00
$ 0.00
$29,997,00
Federal Share
$16,301.00
$ 5,218.00
$ 979.00
$22,498.00
$ 300,00
$22,798.00
Agenda Item No. 16B1
April 22, 2008
Page 26 of 47
Local Share
$5,43400
$1,739,00
$ 326,00
$7,499,00
$ 0.00
$7,499,00
* 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 Shae:
Total Project Cost:
$ 22,498.00 ( 75%)
$ 7,499.00 ( 25%)
$ 29,997,00 (100%)
Recipient Administrative Allowance up to $300.00.
21
:
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MrTIGA TrON GRANTS PROGRAM
Obligation Report w: Signatures
Agenda Item No, 16B 1
April 2~IQ('){9W<:
Page 27 of 47
Ch..1:~'e- I~ f'),:';' '''':~e,'J:-:~,="1~ S;.lte ,~:k'~'
N..: ~"",' ..:"~' \J N.;: 4p~I,..:,ltlwr 10 r..L~
SU~'OICr:l~~",:.1
NQ S:Jte
~-a~tee
- ,:;,~~
~..12 R
J
"
G6
r:'" S:"llew:J~
3U~,r.l~:':>:'? =<..':,Ie,' "Cour~''f\
;:'LJD; ,1';E.": ;jJS :.je ~:~ S-~'.'.:'
P:-OI2':: T,t:e -:J:"2' '2v...:lL} Ro'::".l":: rw'JI:lt~~.J-.::e;jrr::l:sIJr:2r 81.1,,;1 ',,'v:.1C R;:>,,'Q'
-; .:-:,: ;:-lL ..Jn~
0'",'1.1',~', 51, '-Ir,,'cdl-,;d
I~"'ta' !l,'"""0U:-Jt
P:,e',iI'.'.JSly:JCllg.ll.:>d
7'=(01 .';m(';unt
p<;O'njing Ob,;gdllon
10;3 ;r:lClin~ A\:3'3=1';:'
br Ne\\ I..)oih;at".:.~
s.::: ~J3
$2: 438
sc
so
PrO!e.:: /\',"10unt
G:-antee Admlr Est
Subg~anlee Ajmir Est
Total OOIi';j<lt;c~ IFMIS Date IFMIS Sr3tus FY
~2:498
$114
$300
$':2.912 C1':;4':008 A..:.:ept 2':'08
Comments
Da~e
C1.18:2008
User Id' CHYACINT
C0m~lent ma approves obligation
Date
01'132008
User Id
BCOLON
Comment hmo 3ppr,Jves obligation
Authorization
Preoarer Name: CLAUDE HYACINTHE
Preparation Date 01,'18:2008
Hr.10 .A..u;hoflzation Name: BETSY COLON
HMO Authorization Date 01'18.'2008
." l.~j :: Lf_"-!'- 'C'_U:'
",,"..;
:): \.~';J
-: cc
,[I,:
" T:,':
y;
,:[!.:
.;.. ., ,',,~,: c;
c)::,;o;:-ss
C 50.'0
21-A
'::.."
FEDERAL EMERGENCY MANAGEMENTI\,:;ENCY
HAZARD M1TIGA TION GRANTS PROGRAM
Oblig.:1tion Report Wi Signatures
Agenda Item No. 1661
April 2t::!~I2Boo.Q',2
Page 28 of 47
'~ . ~ :
:\S.b:e.c:r:\!r~ A,'T1",~,j:l~d": S:.~te
_r-..~ p- ,;~'" :: 1', J .\l,:' '\CP'I':3tl,Jr 1['
.;,~:;u;,
~;
SUP;:"t:;;"e:,!,l!
f\i:> StJt~
':;-31,::'=
'6~'9
'.1': .R
,^
52
66
j.:"L S:~H<:;\o\-iJ~
~"j::'~";:l-.\~~ {:.J :'<"" <\}U'llv'
Pr,.:>€>ct ~;~!E C J!ile,' '':c,w:q R:;,d '\1.1,:-,t2,..l:l::,e !"L':'11inrs!~ J:12f' Bk"'j9 \\lr"l': Ret~J'
$":"J".1nk'f ~iPS L'Cj~ '::',':'8::'
A.d'11in Calculati::m
"J~'d~ C-.:s! ,':::..:,::..::attCr. Sir.:li:1<; S:Jle
Cai:;" ;,;I:Jr Pel:el~,];?e N, A,
J'JsUr;.llr,,:-
\ ,
- I
~ f ,.
,
Aut10rizing Official Signature
, .,
".
I "
1/
. I '-, ,.',
I., .,' . I . 1/ .
. I . 1 ~ ~, I 11,.. ' 'J
Authorizing Official fltle
-,.-.
/ / .
II .-,-
/1 'J
Authorization Date
Author,zlng OffiCial Signature
Authorizing Official Title
Authorization Date
"~Ij,r:_~:~ _ 1 '::' r,_' "'~; l_~~_
Jrtc
:; : ,~: ~ .
~ .:~ :r_
,;~ F;
-::' L: ;,:J;O
1,-
'l"',.;
;< -: :.;':},::
)C':;
21-B
E'(.:.:,~ss
o 5J'~~
~ 1 :0',-'1:3,
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PRO.:>RAM
Agenda Item No. 16B1
April m/1C2lJeS."
Page 29 of 47
'C55,';M
Project Management Report
:1's;lste~
.......~~~1.:'
1009
140 R
~'-l.;','l.:in~~,-lt ';;>r 10 StJte C',.,l~ee
Nl.;:rN'r
0 58 FL Statewide
FElvl'\
~ 2 e:t ~~;:1je~
;lltF3"iL~'" ,_,_ :113: ',:':::.11":,'
FIF'S,:\'l:;':?
'~~~',,-
P:01t"':: 'T,tie- C.:).: ''''' , C;U:1,! ~J3'J r.b;, !e,C)"':ce l\.i:r:,:1~s:,'.3:''';''' 2:.1.;; \'1;[1-'; ~elr.:;it
Mitioation PWlect D~scriDtion
Amendment Status : A.cP~J\,,~d
Approval Status: ;r;cr.:vej
P~OJeCI Tlt:e CoJlle~ C(ium~ RoaJ Mill,,[enan::e,Aj;l'lln:st~':HI,;Jr S,dJ Wlnj Rd:-oft!
Grant*,: St31eWkle
Subgrantee: eviller i "":0lJniY'
Grantee C.Junt) Naile Collier
Subgrantee CCUllt) Name Ccllier
Granlee C0untY:,J,je 21
Subgrant,,~e Count~ C,Jde: 21
G.artee P13,;e Name Collier (County)
Subgrantee Place Name Collier (COU'lty\
Grantee Place Code, 0
Subgrantee Place Code' 99021
Project Clnseour Da:e 00:00/0000
Work Schedule Status
A,mend #
rrescriotion
Time Frame
Due Date
RevIsed Date Comcletior Date
o Orjer Hurricane Paf'els
150 days
90 days
00/00,0000 00/00/0000
00/00'0000
o Enger-eering Dr3wing'Layouts
o Perm;ttlng
o Installation
00:0010000
00 '00/0000
00/00/0000
120 days
00/00/0000 00'00/0000
000010000
90 days
00/00/0000 OO/OD/OOOD
00/0010000
o Clean-up
o State Contracting Pro,:ess
-~-- - ------
---- ~ ..- --- .
3D days
180
OOlo%ooa DO/DO/DODO
00/00/0000
00/00/0000
00/0010000
00/00/0000
o State Finallnspe.:tlon
o State Close-Out
- --- ,-- - -------
_ _____,___"u__ -._
90 days
00/00/0000
00/00/0000
00/0010000
90 days
JOlOO/OOOO 00/00/0000
00/00.10000
Aooroved Amounts
Tota: Approved
Net Eligible
S2~997
Federal
Share Per:ant
Total Approved
Federal Share Amount
Non-cederal
Share Percent
Total Approved
Non-Fed Share Amount
75000000000
$22498
2:: 000000:)0
S~ 499
Allocations
l,llocallon leMIS
Nurr.ber StatuS
IFMI~;
Dale
Subr:1iS$lon
Date
ES Support ES Amend Pro; Alloc Amo:Jnt G,antee S.Jbgiantee T::-:al
FY Req ID Number Fed Share Admin ,~m'.)unf Ajmln Am.)unt .Alloe Amcu~t
2;08 1239657 11 $:2493 S 1 ~ 4 $300 S22S'2
Tota! $:2493 $114 $300 $22 So ~ 2
2~ ,A, (:1 i82D08 C1 15:2(J.JS
Q_~.9..~!Q~
t.. :~I.J( p-r',i'3
Nr S~3tuS
;-::';,1::3
Da~e
:'~~r~,: :,IOr1
Dale
L.;::; S<JPPc,; ES .':'renlJ SUj::P, f.-<rJ!ect uOII~atej G~anl2e Ajrlll,
FY Re:~ ID N'...mber N, t..,..,t. Fed Srare A,~'Jtm:
.5ubgra"iti?e
.!,jmlr: Ar.1cunt
A C::::4 2;~E -::i 13'2]J$ ?::'J3 ~4r~43
56
<56
$22 4;;8
S' '4
S3.JC
i ct,Jj oJo':ga:e-d
A!"",,)ij1!
$22 ~ ~:?
T::t3i
~2.2 ~3~
S1 ;4
:-;::}J
'3::: ~ ~.:
21-C
_~ ~ 1,~.::
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGA nON GRANT PROGRAM
Agenda Item No. 1681
April 2:2'p.lfoo8> < \
Page 30 of 47
12::..: ;M
Environmental Report
.1'S,lst~-
!\;.J,-,t''e"
=c~.'t,
i2, : ".,:', ~ur:,b~~t
l\:T'e~.j~,~'l:
N\..J"1t:~r
4.DC l~
Sl.~\e
u:",r'l~-'e
1009
UO-R
o
58
FL
Statewide
::...;:-~r_'l':o'e
",. '::'.Jwnty'
::1.;:>::: C).Je
.J ',,' ., ~
Pr.'<e.:l T.t:e
C~~:I;c. Cllunt~ F\':~lu rli~,l:C1lt.::~Jn:<,:_-,\.jr~:rsl .ll'or S;~1g \.-\'::,.j q:",tr:,fi:
=EMA l.~ws/EOs
L~lWS E,:'s
Stal.JS
C:,~5;_1 Sa":~::, t;e-,Jllr':l?S A,:;: /C6,,-.o..
2.:;,,,piatej
.:tear, \.\',lter t..:t ,'''::Wl\;
C:0rnpJeted
Coasta Zone M3n~~gE-!lT1ent Act (CZMAl
Completed
Endangered Spe':ICs Act \ESA) Completed
Comment: N0 effec: to any T & E species or habitat per project descriplion-DGROVES-11 '08:2007 13 50 GMT
Fish and Wildlife Cocrjinat"lon Act (FWCA)
Completed
National Histone Prese.rvation Act (NHPA) Completed
Comment: Structure is less than 50 years old per project description l1969)-DGROVES-11/0S/200:- 13 50 GMT
Clean Air A::t fCAA
Completed
E 0 1; 938 Floodplali1f>
Completed
Comment: ProJect r"ias been reviewed pe.' 44 CFR Part 9 5 Project has limited potential t:l cause long-te;m adverse dlre,:;t or indirect effe:ls te the
flo0dp'all' 0.' Vvetlands -DGROVES-1 '."08'2007 13:5C GMT
E C l' ::-90 Wetia"js Completed
E',J ;2898 E;:'Jlronrrer:tal Jusll:€ f'Jr Low Ir.,:,)fT're an.j Mmorlt~ PJp'Jla~lu{lS COr:'1plet:?d
FEMA N=PA Process
.'EMA Status
ate) . '::,::nr,e~,,"':l
'. ,/II, ,;~ ,,,".fin;." . ,', .,I/h' /Ii
" II ,', I:'
~,.,', II',. < I;'
':,,1. 'i"'"
_:~-::::x 7',~,f' ::1,~
....,.1:-1'\;,_", .,' '!I;,',
,?I"
.. , , -' r.:;;1' c_ [ ,l."~
., - 'j~~~ .:r-,': ";;.~ J,,' j,
t l't:; ',J;,"~Fi~ ,lrW,,')E t:
"o.;:';1";~;1 h::I::ty ,:(V;
.,~, (,-1:
.j N:: C"LI-)r.j,:;,jr-. (If: d~-,".d,'~,-". ~>,~,_V r,] Y ~...;
Dj(;:Jr.'e~::lrICf1 (":(:r',~let<?': ,.c.:: 2'}.:;;-
21-D
. ,,~)
FEOERAL EMeRGENCY MANAGEMENT AGENCY
HAZARD MITIGA nON GRANT PROGRAM
Agenda Item No. 16B 1
April 21!';"zooo ,c,
Page 31 of 47
Environmental Report
:; 5,1~':c"
r=-r: i'.~:1
r' :1<, ~ ,'\l"r':J~'
'\,-;.";j~l;?"l:
\_,.-:::-~>'
.o..:J(' 10
..3::i!t'
v'J:',~e
N~,Ttt~
1609
~~I) -R
o
58
FL
Stdtewide
~;u::;;r .J",:tl~e C =- 'C~. .:;~r-~
o'I'=-3 =~'-::'-~
.: ,,~." ,
=':JJ'~':, --:-:ie c'::'
(,'.In:) ::\~.~-:: r,~J,nle~J"".::e.\j!~'I~ :::;::3:iO;- S,JJ '\""'1":: F',-=t-,:r:i
Standard C ;)nditi~lllS
';1";' ~-~"F:.Je t.: tn:: Jppr.::'....,.;:: S:~lce ,J' '^,Jr~ wll ;-e:JCilr; rO;:>-E"dlli3;'ur, to: ':;-="'Ci,Zl'":.-:e '.~Itr "JEP,A, .3......: Jtne: lJwS and Exe::utve .)r':h?'s
~~:~ '-::,,,,,~,^ (Uc~'; no! a:l j,ess ai' fo'!je-"l' ::':,1102 ;Jr:,J lo.::a. r'2'~,Jller"le~'s A,~- .::e.-:tan:'~ :,' fede-..:f !.lnj,,,o re::jUlr~s ;e':lpien; l~ COl"'lpl) w,fr all
f""'Je~3 Sl;;t~ 8',C ',C,',d' \,-iW$ F.lil"l'e \.:: .J:J';3Ir, .11, 3p~r..Jor,ale fevt",-a: stalt:: an,] ,JC;], enVlr.:::nmen,3 Pt"r~'71llS 3nc .:lea;.J:l,:es r:'.3)'J-:'Jr:.J~j.;::e f~,je~3,
T'.. ~,j"J
:: j' ~r='U;}j ,:l:5tdrc,:ng act;vlties c'':::u, du.'lng "::c.~struclto,. 3oollCJn: wll r'lO'-:lto- groun,j dlsturoan;:;e and If am p2lellljai .rcbeologlca, ,esO:Jr.:es
:Ht J~S,':2ver~':: .lIli: 1~T1I:h.>j.3te') .:e_~se constructlJr: Ii, t,;a! area an": ,'21ITy fh.., S:ale .'H1Ll FEMA
Comment:
T'1ls wi.d retrc-fit pr'J'-=ct des:;;ribed 3S install!.,,;! adto~atlC lu.::;kJng slate hi.Jncane shutters or Ule wIndows of the builarng in the sub-grantee
appllcati'JI1 IS c.~tegoncally exclude-d from prep3ratlor. or an Environmental Assessment per 44CFR Part 1 J 8(dl\2h wi contingent on con'phance
will'" noted conditions Structure built in 1959
Any chailges te the acproved mitigation measure or scope of work wil' ie-quire resubmlssion though the State to FEMA and will require
ree\.-alu3tIJr: br c:ol"'lpl:an:e with the Natlona; EnWuj"lmenta: Policy Act _NEPA' 3nd See 106 of the National HISloric Preservation Act \NHPAl
prior te initiation of an} work. Non-compliance wlln these requirements may jeopardize FEMA's ability to f:.md thiS project
-DGROVES-110a:2C1C7 1351 GMT
21-E
Agenda Item No. 16B 1
April 22, 2008
Page 32 of 47
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
(!j) 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
accordanGe 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 w'th 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, th" 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 appiicable 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 fwnish progress reports and such other information to HMGP as may be required.
If :he 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 space;
(b) a restroom; or
22
Agenda Item No, 16B 1
April 22, 2008
Page 33 of 47
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 appiication 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 4~ CFR 206438(b).
T1e 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 ':J 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 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) Crapter 119, Florida Statutes
9) Section 216,181(6), Florida Statutes
10) Cesh Management Improvement Act Of 1990
11) American with Disabilities Act
12) Section 112,061, Florida Statutes
13) Im'l1igration and Nationality Act
14) Section 286,011, Florida Statutes
15) E.C), 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR, Part 66, Common rule,
16) Uniform Relocation Assistance and Reai Property Acquisitions Act of 1970
17) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234,87 Stat. 975
23
Agenda Item No. 1661
April 22, 2008
Page 34 of 47
18) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
E:xecutive Order 11593
19) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)
20) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
21) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
22) 28 CFR applicable to grants and cooperative agreements
23) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
24) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
25) Title VI of the Civil Rights Act of 1964, as amended;
26) Section 504 of the Rehabilitation Act of 1973, as amended;
27) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
28) Title IX of the Education Amendments of 1972;
29) the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations,
30) 28 CFR Part 42, Subparts C,D,E, and G
31) Cepartment of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
32) Federal Acquisition Regulations 31.2 and 931.2
24
Agenda Item No. 16B 1
April 22, 2008
Page 35 of 47
Attachment C
Statement of Assurances
To the ex:ent the following provisions apply to the award of assistance in this Agreement, as determined
by the awarding agency, the Recipient hereby assures and certifies that:
(a) It possesses legal authority to enter into this agreement, and to execute 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
E-nergency Management (OEM), including all understandings and assurances contained therein,
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 be admitted to any share or part of this agreement or to any benefit to arise from the same.
ND 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 such
locality or iocalities who exercises any functions or responsibilities with respect to the program
during his tenure or for one year thereafter, shall have any interest direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed in connection with the
program assisted under this agreement. The Recipient shall incorporate or cause to be
incorporated, in all such contracts or subcontracts a provision prohibiting such 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 OEM. All Recipient contracts shall contain provisions for
termination for cause or convenience and shall provide for the method of payment in such event;
Ie) 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
(21 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:
11; Title VI of the Civil Rights Act of 1964 (P L 88-352), and the regulations issued pursuant
thereto, which provides thot 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 financial assistance is extended, or for another
25
Agenda Item No. 1681
April 22, 2008
Page 36 of 47
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C.; 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualified handicapped individuals as provided In
Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff/termination. rates of payor other
forms of compensation; and election for training and apprenticeship;
(g) Tne Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-336,42
U.S.C, Section 12101 et seq,), where applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
tr3nsportation, State and local government services, and in telecommunications;
(h) 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;
(I) 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;
U) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act)
w1ich limits the political activities of employees;
(k) 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;
(I) It Nill 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
fo' general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The
Recipient wili be responsible for conducting inspections to ensure compliance with these
specifications by the contractor;
(m) 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
26
Agenda Item No. 16B1
April 22, 2008
Page 37 of 47
(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 Histone 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},lhe 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 OEM 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 disturoed 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 OEM 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
27
Agenda Item No. 16B1
April 22, 2008
Page 38 of 47
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 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.
(n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U,S.C.: 1681-
11383 and 1685 - 1686) which prohibits discrimination on the basis of sex;
(0) 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;
(p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
2!1O ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(q) 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;
(r) 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;
(s) 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;
(t) It Nill 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
th"! Civil Rights Act of 1964 (P,L. 88-352), which prohibits discrimination on the basis ofrace,
celor or nation origin;
(u) It will comply with the Clean Air Act of 1955, as amended, 42 U,S,C, 7401-7642;
(v) It will comply with the Clean Water Act of 1977, as amended, 42 U.S,C, 7419-7626;
(w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531,1544;
(x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U,S,C, 4728-4763;
(y) It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 16 U.S,C, 270;
(2) It \ViII comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U,S,C. 4321-4347;
(aa) 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;
28
Agenda Item No. 16B1
April 22, 2008
Page 39 of 47
(bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U,S,C, 794, regarding non-
discrimination;
icc) it will comply with the environmental standards which may be prescribed pursuant to the Safe
C'rinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water
sources;
(dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Froperty Acquisition PoliCies Act of 1970, 42 US,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:
iee) 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;
iff) 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);
(gg) It will comply with the Coastal Barrier Resources Act of 1977,16 USC, 3510;
(hh) 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
(ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S,C. 661-666,
(jj) With respect to demolition activities, it will:
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 DEM 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.
29
Agenda Item No. 16B1
April 22, 2008
Page 40 of 47
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,
30
Agenda Item No. 1681
April 22, 2008
Page 41 0147
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
HAZARD MITIGATION GRANT PROGRAM FUNDS
RECIPIEI~T NAME:
COLLIER COUNTY
ADDRESS:
CITY, ST'ITE, ZIP CODE:
PAYMENT No.:
OEM Agreement No: 08HM-6G-09-21-01-055
FEMA Tracking Numbers: 1609-140-R
Eligible Obligated Obligated Previous Current OEM Use Onlv
Amount Federal Non-Federal
100% 75% 25% Payments Request ADoroved 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 OEM 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 RE':P-RESENTATIVE
APPROVED FOR PAYMENT $
DATE
31
Agenda Item No. 16B1
April 22, 2008
Page 42 of 47
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MITIGATION GRANT PROGRAM
Applicant
Collier County
Disaster No.:
1609
OEM Agreement No.: 08HM-6G-09-21-01-055
FEMA Tracking #:
1609-140-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 of 100%
Claim Check, or work or vendor or contractor) by category and line item in the
Schedule No.) performance approved project application and give a brief description of
services. the articles or services.
TOTAL
32
Agenda Item No. 16B1
April 22, 2008
Page 43 of 47
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 cc,sh 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) (e) (D)
FFY FFY FFY Total
DESCRIPTION 2005-2006 2006-2007 2007-2008
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES'
3 AVERAGE PERCENT EXPENDED iN FIRST
THREE MONTHS
(Divide line 2 bv line 1.)
First three months ex enditures need onl be rovlded for 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 03 HMGP Award
(Do not include match)
=
MAXIMUM
ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
Recpient has no previous HMGP contract history. Complete Estimated Expenses chart
and Explanation of Circumstances below.
Recpient 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.
33
Agenda Item No. 16B1
April 22, 2008
Page 44 of 47
ESTIMATED EXPENSES
BUDGET CATEGORY 2007-2008 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
34
Agenda Item No. 16B1
April 22, 2008
Page 45 of 47
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITiGATION GRANT PROGRAM
QUARTERLY REPORT FORM
RECIPIENT: Collier Countv
Project Number #: 1609-140-R
PROJECT LOCATION:
Retrofit
OEM ID #: 08HM-6G-09-21-01-055
DISASTER NUMBER:
1609
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-Dec, 200_$
Jan-Mar,200_$_ Apr-June, 200_$_
Oct-Dec, 200_$
Jan-Mar, 200_$
Apr-June, 200_$_
PercentafJe of Work Completed (may be confirmed by state inspectors):
%
Project Proceeding on Schedule: [] Yes [J No
Describe 'l1i1estones 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
[] Under Budget
[ J Over Budget
Additional Comments/Elaboration:
NOTE: Division of Emergency Managemenl (DEM) staff may perform interim inspections and/or audits at
any time. Events may occur between quarterly reports, which have significant impact upon your
project(s), such as anticipated overruns. changes in scope of work, etc. Please contact DEM as soon as
these conditions become known, otherwise you may be found non-compliant with your subgrant award.
Name and Phone Number of Person Completing This Form:
35
Agenda Item No. 16B1
April 22, 2008
Page 46 of 47
Attachment G
Warranties and Representations
Financial Manaoement
Recipient's financial management system shall provide for the following:
(I) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify adequately the source and application 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 adequately 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.
(ti) Written procedures for determining the reasonableness, allocability and allowability of costs
in accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
(6) Accounting records, including cost accounting records that are supported by source
documentation.
Competition
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition. The Recipient shall be alert to confticts of interest as well as noncompetitive
practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order
to ensure objective 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,
price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the
bidder or ,offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient Any and all bids
or offers rlay be rejected when it is in the Recipient's interest to do so.
Codes of :onduct
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 select. on , 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 memher 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 herein. 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.
Licensl~and Permittino
All subcortractors 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.
36
Agenda Item No. 16B1
April 22, 2008
Page 47 of 47
Attachment H
r--'-"'--
I
i
I
L_~
Certification Regarding
Debarment, Suspension, Ineligibility
And Volunta 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,
~ roposed 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:
Slgnc,ture
Recipient's Name
Name an" Title
Division Contract Number
Street Address
City, State, ZIP
Date
... ~
, ~rn u,/JfJ" o~"
--"., ?~-~
!\'i-,'='3T~
mV'{;HT E, 8FlOCK, Cierk
8""
37