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Agenda 07/13/2021 Item #16A26 (Modification to FDEM Agreements Nos. H0452, H0459 and H046907/13/2021 EXECUTIVE SUMMARY Recommendation to approve Modifications to Subgrant Agreement Nos. H0452, H0459, and H0469 with the Florida Division of Emergency Management to reinstate and extend the period of performance for Agreements 110452-Freedom Park Pump Station and 110459-Upper Gordon River Channel Improvements to November 30, 2022 and Agreement 110469-Pine Ridge Estates Stormwater Improvement to December 31, 2021 (Project No. 60102 and 60126) OBJECTIVE: To reinstate and extend the periods of performance on Subgrant Agreements H0452, H0459, and H0469. CONSIDERATIONS: On September 11, 2018, the Collier County Board of County Commissioners (Board) approved Item 16.E which provided after -the -fact approval for the submittal of several applications for Hazard Mitigation Grant Program funding. Capital Project Planning, Impact Fees and Program Management submitted eight (8) grant applications. Three of the eight grants awarded are: H0452 Freedom Park Pump Station, H0459 Upper Gordon River Channel Improvements, and H0469 Pine Ridge Estates Stormwater Improvements. All the projects awarded to the County under the Hazard Mitigation Grant Program are for the design and permitting of an improved stormwater conveyance system to help alleviate historical flooding in the Upper Gordon River area. H0452 Freedom Park Pump Station: This grant was awarded to Collier County with an original start date of July 22, 202 and end date of April 30, 2021. Based on the complexity of the design, Modification #1 reinstates and extends the grant through November 30, 2022 to complete design and permitting. H0459 Upper Gordon River Channel Improvements: This grant was awarded to Collier County with an original start date of July 22, 202 and end date of May 31, 2021. Based on the complexity of the design, Modification #1 reinstates and extends the grant through November 30, 2022 to complete design and permitting. H0469 Pine Ridge Estates Stormwater Improvement: This grant was awarded to Collier County with an original start date of July 22, 2020 and end date of April 30, 2021. Modification #1 reinstates and extends the grant through December 31, 2021. The stormwater retrofit feasibility study for Pine Ridge is being updated to reduce discharge rates and provide stormwater quality treatment. This study should be completed by June 2021 and, therefore, required an extension to the end date. FISCAL IMPACT: Approval of these modifications will allow the continuance of: Freedom Park Pump: $72,000 (1-10452) from the Florida Division of Emergency Management and matching funds in the amount of $24,000 Upper Gordon River: $66,000 (H0459) from the Florida Division of Emergency Management and matching funds in the amount of $22,000 Pine Ridge Estates: $112,500 (110469) from the Florida Division of Emergency Management and matching funds in the amount of $37,500 Grant funding for H0452 and H0459 has been appropriated in Growth Management Grant Fund (711), Project 60102 and the match funding has been transferred from Stormwater Capital fund (325) to Growth Management Match Fund (712). Grant funding for H0469 has been appropriated in Growth Management Grant Fund (711), Project 60126 and the match funding has been transferred from Stormwater Capital fund (325) to Growth Management Match Fund (712). Packet Pg. 845 16.A.26 07/13/2021 LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. -JAB GROWTH MANAGEMENT IMPACT: Approval of this item is in accordance with the goals and objectives of the Drainage Sub -element of the Growth Management Plan. RECOMMENDATION: That the Board approve Modifications to Subgrant Agreement Nos. H0452, H0459, and H0469 with the Florida Division of Emergency Management to extend the period of performance for Agreements H0452 Freedom Park Pump Station and H0459 Upper Gordon River Channel Improvements to November 30, 2022 and Agreement H0469 Pine Ridge Estates Stormwater Improvement to December 31, 2021. Prepared by: Brittany Lazo, Associate Project Manager, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENTS 1. [Linked] AGRMT 2020 07-22 FEMA HMGP H0452 (PDF) 2. [Linked] AGRMT 2020 07-22 FEMA HMGP H0459 (PDF) 3. [Linked] AGRMT 2020 07-22 FEMA HMGP 4337-361-R H0469 (PDF) 4.4337-361-R H0469 HMGP Pine Ridge Estates Modification #1 CAO Stamped (PDF) 5.4337-378-R H0452 HMGP Freedom Park Pump Modification #1 CAO Stamped (PDF) 6.4337-379-R H0459 HMGP Upper Gordon River Modification #1 CAO Stamped (PDF) Packet Pg. 846 16.A.26 07/13/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.26 Doe ID: 15859 Item Summary: Recommendation to approve Modifications to Subgrant Agreement Nos. H0452, H0459, and H0469 with the Florida Division of Emergency Management. Recommendation to extend the period of performance for Agreements H0452 Freedom Park Pump Station and H0459 Upper Gordon River Channel Improvements to November 30, 2022, and to extend the period of performance for Agreement H0469 Pine Ridge Estates Stormwater Improvement to December 31, 2021 (Project No. 60102 and 60126) Meeting Date: 07/13/2021 Prepared by: Title: — Capital Project Planning, Impact Fees, and Program Management Name: Brittany Lazo 05/12/2021 8:54 AM Submitted by: Title: Division Director - IF, CPP & PM — County Manager's Office Name: Amy Patterson 05/12/2021 8:54 AM Approved By: Review: Growth Management Department James C French Growth Management County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Growth Management Department Lisa Abatemarco Additional Reviewer Growth Management Department Lissett DeLaRosa Growth Management Department Capital Project Planning, Impact Fees, and Program Management Danette Kinaszczuk Growth Management Operations Support Christopher Johnson Parks & Recreation Michelle DAndrea Additional Reviewer Grants Valerie Fleming Level 2 Grants Review County Attorney's Office Jennifer Belpedio Additional Reviewer Growth Management Department Trinity Scott Transportation Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Susan Usher Additional Reviewer Grants Therese Stanley Additional Reviewer Skipped 06/16/2021 4:56 PM Completed 06/23/2021 2:41 PM Completed 05/13/2021 8:57 AM Completed 05/13/2021 2:22 PM Additional Reviewer Completed Additional Reviewer Completed Completed 06/08/2021 7:41 AM Completed 06/08/2021 8:54 AM Completed 06/10/2021 8:16 AM Completed 06/15/2021 11:58 AM Completed 06/15/2021 1:14 PM Completed 06/16/2021 11:20 AM Completed 07/03/2021 2:57 PM Completed 07/06/2021 11:03 AM Packet Pg. 847 07/13/2021 County Manager's Office Board of County Commissioners Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 07/06/2021 11:22 AM 07/13/2021 9:00 AM Packet Pg. 848 16.A.26.d SUB -RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU REQUEST FOR REVIEW AND APPROVAL SUB -RECIPIENT Collier County BOCC ......... ......... PROJECT #: 4337-361-R ............................................................................................................................................................................................................................................ PROJECT TITLE: Collier Countv BOCC. Pine Ridgy CONTRACT #: H0469 ....... .................. ....___-.. _ .__ _.w...__ ......... MODIFICATION #: 1 ................... . ...... .. ... ............... ............................................................................................................................................................................. Estates Subdivision, Drainage - Phase ........ ............... ......... ......... ......... SUB -RECIPIENT REPRESENTATIVE (POINT OF CONTACT Lisa Abatemarco Grants Manager 2885 South Horseshoe Drive Naples, FL 34104 Enclosed is your copy of the proposed contract/modification between Collier County BOCC and the Florida Division of Emergency Management (FDEM). ............. COMPLETE ❑ This form is required to be included with all Reviews, Approvals, and Submittal . ❑ Two (2) Copies printed for Approval .. _....................... ......... ........ ......_............................ ❑ Printed Single -sided (If your policy is to copy two-sided please contact me and I will send you two original one-sided copies for signature) ❑ Reviewed and Approved ... _..... ❑ Signed and Dated by Official Representative (blue ink) ❑ Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, Chief ❑ Attachment I - Federal Funding Accountability and Transparency Act (FFATA) completed, signed, and dated (❑ N/A for Modifications) ❑ Two Signed and dated Originals mailed to FDEM - Tallahassee Florida Division of Emergency Management Mitigation Bureau - HMGP 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attention - Grant Specialist -Kailyn Quirk If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 692-9458 or email me at Carmen.Acosta(a7em.myflorida.com. Packet Pg. 849 16.A.26. d Contract Number:H0469 Project Number:4337-361-R MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND COLLIER COUNTY BOCC This Modification Number 1 made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Collier County BOCC ("the Sub - Recipient") to modify Contract Number H0469, dated July 22, 2020 ("the Agreement"). WHEREAS, the Division and the Sub -Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to the Sub -Recipient under the Hazard Mitigation Grant Program of $112,500.00, in Federal Funds; and WHEREAS, the Division and the Sub -Recipient desire to modify the Agreement; and WHEREAS, the Agreement expired on April 30, 2021; and WHEREAS, the Division and the Sub -Recipient desire to reinstate and extend the terms of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated and extended as though it had never expired. 2. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin July 22, 2020 and shall end December 31,2021, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth in 15l Revision Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 4. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 5. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 6. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. Packet Pg. 850 16.A.26. d IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB -RECIPIENT: Collier County BOCC Penny Taylor, Chairperson Name and Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT is Name and Title: Jared Moskowitz, Director Date: ATTEST CRYSTAL K. KINZEL, CLERK BY: Approved as to form and legality Assistant County Attorney S� S` Packet Pg. 851 16.A.26. d Attachment A (1st Revision) Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to improve drainage of Pine Ridge Estates subdivision in Naples, Collier County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-361-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub -Recipient, Collier County BOCC, shall conduct Phase I of this project, which includes the preliminary engineering designs and calculations, surveys, permitting, and notices. No construction activities are approved at this time. The Sub -Recipient shall complete the Phase I work in accordance with all applicable federal, state and local laws, regulations and codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to improve the drainage of Pine Ridge Estates subdivision, located within the geographical boundary of US 41 to the West, Vanderbilt Beach Road to the North, Goodlette-Frank Road to the East and Pine Ridge Road to the South, in Naples, Florida, 34108. Coordinates (26.244267,-81.788206). The scope of work is for Phase I only, which includes but is not limited to surveying, engineering, design, plans preparation, permitting and bidding for the proposed project, for Phase II approval. No construction activities for this project have been approved. When completed, the Sub -Recipient shall provide deliverables for Phase II review of the following proposed activities. The Phase II proposed scope of work shall design and construct the following improvements; excavate and regrade swale system to increase storage and provide consistent stormwater conveyance. Upsize driveway culverts and storm interconnections and optimize stormwater management within the current areas available in Basins 2, 5 and 6. The project shall be designed to provide protection against a 25-year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. TASKS & DELIVERABLES: A) Tasks: 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the Phase I scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. Packet Pg. 852 16.A.26. d The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all areas in a neat and presentable condition. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub -Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub -Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub -Recipient shall monitor and manage the Phase I portion of this project in accordance with the Hazard Mitigation Grant Program application and supporting documentation as submitted to the Division and subsequently approved by the Division and FEMA. The Division and FEMA shall render a Phase II determination upon completion of the review of Phase I deliverables. No construction activities are approved at this time. The Sub -Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. Phase I consists of fees; for conducting survey, drainage study, engineering, design, public notices, and/or permitting associated with the modification(s) needed to upgrade the drainage. Verification of upstream and downstream impacts shall be necessary for determining project eligibility. All Phase I work shall be completed in accordance with all applicable state, local and federal laws and regulations and documented, as appropriate. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation and provide a summary of all scope of work changes, if any. a) Two sets of engineering Signed/Sealed final design and analysis, surveying, and Hydrologic and Hydraulic (H&H) Studies. b) Construction Plans / bid documents. c) Revised cost estimate for Phase II — construction (include Phase I costs), to implement the design project. d) Design documents shall provide a detailed description which includes specifics on project scope of work, depth and extent of ground disturbance at all construction locations of the project. e) Color maps including topographical, aerial, and ground disturbance. Packet Pg. 853 16.A.26. d f) Color photographs of the project area and areas of ground disturbance. g) Copy of all environmental permits or applications; any obtained from the Florida Department of Environmental Protection (FDEP), and/or local Water Management District (WMD) shall be required. Any conditions for compliance shall be included in the final design plans, narrative and project implementation actions. h) Copy of the United States Army Corps of Engineers (USACE) permit or No Permit Required notification. i) Any other documentation requested by the Division, not limited to Project Conditions and Requirements herein. 3) During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Direct Expenses: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third -party in -kind services, if applicable, shall be conducted by the Division in coordination with the Sub -Recipient. Quarterly reports shall be submitted by the Sub -Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. Packet Pg. 854 16.A.26. d The Sub -Recipient shall submit to the Division requests for reimbursement of actual Phase I costs related to the project as identified in the project application and this scope of work. The Requests for Reimbursement (RFR) shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub -Recipient's Request for Reimbursement shall include the final Phase I project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of Phase I activities, which include engineering, designing, plans preparation, permitting and bidding for the proposed project, for Phase II approval, and to implement measures to improve the drainage of Pine Ridge Estates subdivision in Naples, Florida, 34108. The project shall be designed to provide protection against a 25-year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1) The Sub -Recipient shall submit signed and sealed Engineering plans that clearly show the engineer's estimate of the pre and post -mitigation effects of the proposed project and the relationship of the damages to be mitigated (commensurate with the level of funding requested). The H&H study shall contain at least 3 scenarios, where one represents the level of protection; under each scenario, the Sub -Recipient must identify the losses before and after mitigation (structural, content, displacement, road closure duration, or any other needed to show the improvements after the mitigation project is implemented). This includes, but is not limited to, the existing and proposed hydrology and hydraulics for the level of event being mitigated. 2) Demonstrate mitigation effectiveness, in part, by showing the physical location(s) and elevation(s) of the infrastructure/structures that are being damaged and FEMA Special Flood Hazard Areas on the same plan. 3) Submit a refined cost estimate, to include final Phase I Fees and Phase II Construction Materials and Labor. D) Environmental: Packet Pg. 855 16.A.26. d 1) Any change to the approved scope of work shall require re-evaluation for compliance with NEPA and other Laws and Executive Orders. 2) Acceptance of federal funding requires the Sub -Recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. 3) Meet all required Environmental laws and policies, and all necessary Environmental compliance documents shall be obtained as applicable. a) United States Army Corps of Engineers (USACE): Consultation with the USACE is required. A permit or No Permit Required shall be submitted. b) Copy of all environmental permits or applications; any obtained from the Florida Department of Environmental Protection (FDEP), and/or local Water Management District (WMD) shall be submitted. Any conditions for compliance shall be included in the final design plans, narrative, and project implementation actions. 4) Historical Preservation compliance documents shall be obtained. Review documentation required: a) Color maps including topographical and aerial with the project location clearly marked. b) Color photographs of any area with ground disturbance (electronic). c) Indicate if project site is located within a designated historic district or historic neighborhood. 5) Tribal Consultation shall be required for proposed ground disturbing activities. The following documents shall be required and submitted as part of deliverables: a) Color ground disturbance maps showing the full extent of the project footprint and depth of ground disturbance. Geographic latitude/longitude (decimal degree format) of the proposed construction areas and staging areas. b) Previous and current use of proposed project area. c) Any known site work or historic uses for the proposed location. d) Any available studies that may have taken place on the property. 6) Phase I of this project is approved with the condition that the above list of deliverables shall be submitted for review and approval by the Division and FEMA before Phase II is considered. 7) No construction work may begin until Phase II is approved by the Division and FEMA. E) Programmatic: 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub -Recipient must notify the Division 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 costs or earlier completion. 3) The Sub -Recipient must "obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. Packet Pg. 856 16.A.26. d 4) A Public Notice shall be published to notify interested parties of the proposed activity. Notices shall be published in a manner that anyone that may be affected or interested in this project has access to the posting, using the Division template, as applicable. 5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted, along with substantiation of new expiration date and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 7) Phase I — Design of this project is approved with the condition that the enclosed list of deliverables shall be submitted, 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA before Phase II — Construction is considered. 8) When Phase I is completed, the Sub -Recipient must provide 100% completed designs, calculations, a full set of signed and sealed plans and, permits for a Phase II review. A final BCA using developed technical data and study results will take place. The data inputs to the final BCA for Phase II approval, must be based on the inputs and outputs of a hazard related study such as erosion, Hydraulic & Hydrologic study, damage calculations, road closures, etc. No assumptions or historical damage will be acceptable for final BCA of Phase II approval. No construction activities for this project have been approved. 9) The Sub -Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. This is FEMA project number 4337-361-R. It is funded under HMGP, FEMA-4337-DR-FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4337. FEMA awarded this project on January 7, 2020; this Agreement was executed on July 22, 2020; and the Period of Performance for this project shall end on December 31, 2021. F) FINANCIAL CONSEQUENCES: If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub - Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. Packet Pg. 857 16.A.26. d Schedule of Work Phase I — State Contracting: 6 Months Bidding / Local Procurement: 7 Months Design Specifications: 6 Months Permitting / Survey: 2 Months Deliverables Submitted to FDEM: 2 Months Total Period of Performance: 23 Months BUDGET Line Item Budget* Phase I Project Cost Federal Cost Non -Federal Cost Materials: $0.00 $0.00 $0.00 Labor: $0.00 $0.00 $0.00 Fees: $150,000.00 $112,500.00 $37,500.00 Initial Agreement Amount: $150,000.00 $112,500.00 $37,500.00 ***Contingency Funds: $0.00 $0.00 $0.00 Project Total: $150,000.00 $112,500.00 $37,500.00 *Any line item amount in this Budget may be increased or decreased 10% or less, with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. *** This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part A D.3.4 — Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re -budgeted to another direct cost category and identified. Post -award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of $0.00 Funding Summary Totals Federal Share: Non -Federal Share: Total Project Cost: $112,500.00 (75.00%) $37,500.00 (25.00%) $150,000.00 (100.00%) Packet Pg. 858 16.A.26.e SUB -RECIPIENT: PROJECT #: PROJECT TITLE: CONTRACT #: MODIFICATION # SUB -RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU REQUEST FOR REVIEW AND APPROVAL Collier County 4337-378-R Collier County BOCC, Freedom Park, Drainage H0452 SUB -RECIPIENT REPRESENTATIVE (POINT OF CONTACT) Lisa Abatemarco Grants Manager 2885 Horseshoe Drive Naples, FL 34104 Enclosed is your copy of the proposed contract/modification between Collier County and the Florida Division of Emergency Management (FDEM). COMPLETE ❑ This form is required to be included with all Reviews, Approvals, and Submittal ❑ Two (2) Copies printed for Approval ❑ Printed Single -sided (If your policy is to copy two-sided please contact me and I will send you two original one-sided copies for signature) ❑ Reviewed and Approved ❑ Signed and Dated by Official Representative (blue ink) ❑ Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, Chief ❑ Attachment I - Federal Funding Accountability and Transparency Act (FFATA) completed, signed, and dated (❑ N/A for Modifications) ❑ Two Signed and dated Originals mailed to FDEM - Tallahassee Florida Division of Emergency Management Mitigation Bureau — HMGP 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attention — Grant Specialist —Kailyn Quirk If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 692-9458 or email me at Carmen.Acosta(a)em.myflorida.com. Packet Pg. 859 16.A.26.e Contract Number: H0452 Project Number: 4337-378-R MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND COLLIER COUNTY This Modification Number One made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Collier County ("the Sub - Recipient") to modify Contract Number H0452, dated, July 22, 2020 ("the Agreement'). WHEREAS, the Division and the Sub -Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to the Sub -Recipient under the Hazard Mitigation Grant Program of $72,000.00, in Federal Funds; and WHEREAS, the Division and the Sub -Recipient desire to modify the Agreement; and WHEREAS, the Agreement expired on April 30, 2021; and WHEREAS, the Division and the Sub -Recipient desire to reinstate and extend the terms of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated and extended as though it had never expired. 2. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin July 22, 2020 and shall end November 30, 2022, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth in 1 st Revision Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 4. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 5. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 6. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. Packet Pg. 860 16.A.26.e IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB -RECIPIENT: Collier County 0 Name and Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Name and Title: Jared Moskowitz, Director Date: ATTEST CRYSTAL K. KINZEL, CLERK BY: Approved as to form and lcgality Assistant County Attorney S Packet Pg. 861 16.A.26.e Attachment A (1st Revision) Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to improve drainage on the Upper Gordon River Basin in Naples, Collier County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-378-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub -Recipient, Collier County, shall conduct Phase I of this project, which includes the preliminary engineering designs and calculations, surveys, permitting, and notices. No construction activities are approved at this time. The Sub -Recipient shall complete the Phase I work in accordance with all applicable federal, state and local laws, regulations and codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to improve the drainage of the Upper Gordon River Basin, located in Naples, Florida, 34105. Coordinates: (26.175543,-81.791245). The scope of work is for Phase I only, which includes but is not limited to surveying, engineering, design, plans preparation, permitting and bidding for the proposed project, for Phase II approval. No construction activities for this project have been approved. When completed, the Sub -Recipient shall provide deliverables for Phase II review of the following proposed activities. The Phase II proposed scope of work shall include the replacement of the existing 2,000 GPM with a new 24,000 GPM capacity pump. The proposal shall also include the enhancement of the conveyance capabilities of the system in the area. The project shall be designed to provide protection against a 25-year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. TASKS & DELIVERABLES: A) Tasks: 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the Phase I scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all areas in a neat and presentable condition. Packet Pg. 862 16.A.26.e The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub -Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub -Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub -Recipient shall monitor and manage the Phase I portion of this project in accordance with the Hazard Mitigation Grant Program application and supporting documentation as submitted to the Division and subsequently approved by the Division and FEMA. The Division and FEMA shall render a Phase II determination upon completion of the review of Phase I deliverables. No construction activities are approved at this time. The Sub -Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. Phase I consists of fees; for conducting survey, drainage study, engineering, design, public notices, and/or permitting associated with the modification(s) needed to upgrade the drainage. Verification of upstream and downstream impacts shall be necessary for determining project eligibility. All Phase I work shall be completed in accordance with all applicable state, local and federal laws and regulations and documented, as appropriate. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation and provide a summary of all scope of work changes, if any. a) Two sets of engineering Signed/Sealed final design and analysis, surveying, and Hydrologic and Hydraulic (H&H) Studies. b) Construction Plans / bid documents. c) Revised cost estimate for Phase II — construction (include Phase I costs), to implement the design project. d) Design documents shall provide a detailed description which includes specifics on project scope of work, depth and extent of ground disturbance at all construction locations of the project. e) Color maps including topographical, aerial, and ground disturbance. f) Color photographs of the project area and areas of ground disturbance. g) Copy of all environmental permits or applications; any obtained from the Florida Department of Environmental Protection (FDEP), and/or local Water Management Packet Pg. 863 16.A.26.e District (WMD) shall be required. Any conditions for compliance shall be included in the final design plans, narrative and project implementation actions. h) Copy of the United States Army Corps of Engineers (USACE) permit or No Permit Required notification. i) Any other documentation requested by the Division, not limited to Project Conditions and Requirements herein. 3) During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Direct Expenses: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third -party in -kind services, if applicable, shall be conducted by the Division in coordination with the Sub -Recipient. Quarterly reports shall be submitted by the Sub -Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub -Recipient shall submit to the Division requests for reimbursement of actual Phase I costs related to the project as identified in the project application and this scope of work. The Requests for Reimbursement (RFR) shall include: Packet Pg. 864 16.A.26.e a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub -Recipient's Request for Reimbursement shall include the final Phase I project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of Phase I activities, which include engineering, designing, plans preparation, permitting and bidding for the proposed project, for Phase II approval, and to implement measures to improve the drainage of the Upper Gordon River Basin in Naples, Florida, 34105. The project shall be designed to provide protection against a 25-year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1) The Sub -Recipient shall submit signed and sealed Engineering plans that clearly show the engineer's estimate of the pre and post -mitigation effects of the proposed project and the relationship of the damages to be mitigated (commensurate with the level of funding requested). The H&H study shall contain at least 3 scenarios, where one represents the level of protection; under each scenario, the Sub -Recipient must identify the losses before and after mitigation (structural, content, displacement, road closure duration, or any other needed to show the improvements after the mitigation project is implemented). This includes, but is not limited to, the existing and proposed hydrology and hydraulics for the level of event being mitigated. 2) Demonstrate mitigation effectiveness, in part, by showing the physical location(s) and elevation(s) of the infrastructure/structures that are being damaged and FEMA Special Flood Hazard Areas on the same plan. 3) Submit a refined cost estimate, to include final Phase I Fees and Phase II Construction Materials and Labor. D) Environmental: 1) Any change to the approved scope of work shall require re-evaluation for compliance with NEPA and other Laws and Executive Orders. Packet Pg. 865 16.A.26.e 2) Acceptance of federal funding requires the Sub -Recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. 3) Meet all required Environmental laws and policies, and all necessary Environmental compliance documents shall be obtained as applicable. a) United States Army Corps of Engineers (USACE): Consultation with the USACE is required. A permit or No Permit Required shall be submitted. b) Copy of all environmental permits or applications; any obtained from the Florida Department of Environmental Protection (FDEP), and/or local Water Management District (WMD) shall be submitted. Any conditions for compliance shall be included in the final design plans, narrative, and project implementation actions. 4) Historical Preservation compliance documents shall be obtained. Review documentation required: a) Color maps including topographical and aerial with the project location clearly marked. b) Color photographs of any area with ground disturbance (electronic). c) Indicate if project site is located within a designated historic district or historic neighborhood. 5) Tribal Consultation shall be required for proposed ground disturbing activities. The following documents shall be required and submitted as part of deliverables: a) Color ground disturbance maps showing the full extent of the project footprint and depth of ground disturbance. Geographic latitude/longitude (decimal degree format) of the proposed construction areas and staging areas. b) Previous and current use of proposed project area. c) Any known site work or historic uses for the proposed location. d) Any available studies that may have taken place on the property. 6) Phase I of this project is approved with the condition that the above list of deliverables shall be submitted for review and approval by the Division and FEMA before Phase II is considered. 7) No construction work may begin until Phase II is approved by the Division and FEMA. E) Programmatic: 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub -Recipient must notify the Division 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 costs or earlier completion. 3) The Sub -Recipient must "obtain prior written approval for any budget revision which would result in a need for additional funds" (44 CFR 13(c)], from the Division and FEMA. 4) A Public Notice shall be published to notify interested parties of the proposed activity. Notices shall be published in a manner that anyone that may be affected or interested in this project has access to the posting, using the Division template, as applicable. 5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in Packet Pg. 866 16.A.26.e writing and submitted, along with substantiation of new expiration date and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 7) Phase I — Design of this project is approved with the condition that the enclosed list of deliverables shall be submitted, 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA before Phase II — Construction is considered. 8) When Phase I is completed, the Sub -Recipient must provide 100% completed designs, calculations, a full set of signed and sealed plans and, permits for a Phase II review. A final BCA using developed technical data and study results will take place. The data inputs to the final BCA for Phase II approval, must be based on the inputs and outputs of a hazard related study such as erosion, Hydraulic & Hydrologic study, damage calculations, road closures, etc. No assumptions or historical damage will be acceptable for final BCA of Phase II approval. No construction activities for this project have been approved. 9) The Sub -Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. This is FEMA project number 4337-378-R. It is funded under HMGP, FEMA-4337-DR-FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4337. FEMA awarded this project on January 30, 2020; this Agreement was executed on July 22, 2020; and the Period of Performance for this project shall end on November 30, 2022. F) FINANCIAL CONSEQUENCES: If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub - Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. Packet Pg. 867 16.A.26.e Schedule of Work Phase I — State Contracting: 6 Months Bidding / Local Procurement: 7 Months Design Specifications: 16 Months Permitting / Survey: 3 Months Deliverables Submitted to FDEM: 2 Months Total Period of Performance: 34 Months BUDGET Line Item Budget* Phase I Proiect Cost Federal Cost Non -Federal Cost Materials: $0.00 $0.00 $0.00 Labor: $0.00 $0.00 $0.00 Fees: $96,000.00 $72,000.00 $24,000.00 Initial Agreement Amount: $96,000.00 $72,000.00 $24,000.00 ***Contingency Funds: $0.00 $0.00 $0.00 Proiect Total: $96,000.00 $72,000.00 $24,000.00 *Any line item amount in this Budget may be increased or decreased 10% or less, with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. *** This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part Vl, D.3.4 — Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re -budgeted to another direct cost category and identified. Post -award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of $0.00 Funding Summary Totals Federal Share: Non -Federal Share: Total Proiect Cost: $72,000.00 $24,000.00 (75.00%) (25.00%) $96,000.00 (100.00%) Packet Pg. 868 16.A.26.f Contract Number: H0459 Project Number: 4337-379-R MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND COLLIER COUNTY BOCC This Modification Number 1 made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Collier County BOCC ("the Sub - Recipient") to modify Contract Number H0459, dated, July 22, 2020 ("the Agreement'). WHEREAS, the Division and the Sub -Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to the Sub -Recipient under the Hazard Mitigation Grant Program of $66,000.00, in Federal Funds; and WHEREAS, the Division and the Sub -Recipient desire to modify the Agreement; and WHEREAS, the Agreement expired on May 31, 2021; and WHEREAS, the Division and the Sub -Recipient desire to reinstate and extend the terms of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated and extended as though it had never expired. 2. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin July 22, 2020 and shall end November 30, 2022, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth in Is' Revision Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 4. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 5. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 6. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. Packet Pg. 869 16.A.26.f IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB -RECIPIENT: Collier County BOCC 0 Name and Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Name and Title: Jared Moskowitz, Director Date: ATTEST CRYSTAL K. KINZEL, CLERK BY: Approved as to form and legality Assistant County Attorney 6\"it Packet Pg. 870 16.A.26.f Attachment A (1st Revision) Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to improve drainage along Upper Gordon River, in Naples, Collier County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337- 379-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub -Recipient, Collier County BOCC, shall conduct Phase I of this project, which includes the preliminary engineering designs and calculations, surveys, permitting, and notices. No construction activities are approved at this time. The Sub -Recipient shall complete the Phase work in accordance with all applicable federal, state and local laws, regulations and codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to improve the drainage along the Upper Gordon River Channel, located in Naples, Florida, Coordinates: (26.210833,-81.784167). The scope of work is for Phase I only, which includes but is not limited to surveying, engineering, design, plans preparation, permitting and bidding for the proposed project, for Phase II approval. No construction activities for this project have been approved. When completed, the Sub -Recipient shall provide deliverables for Phase II review of the following proposed activities. The Phase II proposed scope of work shall include reinforcing the riverbank, clearing exotic vegetation, dredging, and replacing rock weir with fixed crest concrete weir. The proposed project shall increase the capacity for stormwater to flow through the Gordon River to the receiving waters of Naples Bay and the Gulf of Mexico and reduce the flooding caused by the retainage of stormwater in residential and commercial areas. The project shall be designed to provide protection against a 25-year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. TASKS & DELIVERABLES: A) Tasks: 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the Phase I scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. Packet Pg. 871 16.A.26.f The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all areas in a neat and presentable condition. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub -Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub -Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub -Recipient shall monitor and manage the Phase I portion of this project in accordance with the Hazard Mitigation Grant Program application and supporting documentation as submitted to the Division and subsequently approved by the Division and FEMA. The Division and FEMA shall render a Phase II determination upon completion of the review of Phase I deliverables. No construction activities are approved at this time. The Sub -Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. Phase I consists of fees; for conducting survey, drainage study, engineering, design, public notices, and/or permitting associated with the modification(s) needed to upgrade the drainage. Verification of upstream and downstream impacts shall be necessary for determining project eligibility. All Phase I work shall be completed in accordance with all applicable state, local and federal laws and regulations and documented, as appropriate. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation and provide a summary of all scope of work changes, if any. a) Two sets of engineering Signed/Sealed final design and analysis, surveying, and Hydrologic and Hydraulic (H&H) Studies. b) Construction Plans / bid documents. c) Revised cost estimate for Phase II — construction (include Phase I costs), to implement the design project. d) Design documents shall provide a detailed description which includes specifics on project scope of work, depth and extent of ground disturbance at all construction locations of the project. e) Color maps including topographical, aerial, and ground disturbance. Packet Pg. 872 16.A.26.f f) Color photographs of the project area and areas of ground disturbance. g) Copy of all environmental permits or applications; any obtained from the Florida Department of Environmental Protection (FDEP), and/or local Water Management District (WMD) shall be required. Any conditions for compliance shall be included in the final design plans, narrative and project implementation actions. h) Copy of the United States Army Corps of Engineers (USAGE) permit or No Permit Required notification. i) Any other documentation requested by the Division, not limited to Project Conditions and Requirements herein. 3) During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Direct Expenses: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third -party in -kind services, if applicable, shall be conducted by the Division in coordination with the Sub -Recipient. Quarterly reports shall be submitted by the Sub -Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. Packet Pg. 873 16.A.26.f The Sub -Recipient shall submit to the Division requests for reimbursement of actual Phase I costs related to the project as identified in the project application and this scope of work. The Requests for Reimbursement (RFR) shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub -Recipient's Request for Reimbursement shall include the final Phase I project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of Phase I activities, which include engineering, designing, plans preparation, permitting and bidding for the proposed project, for Phase II approval, and to implement measures to improve the drainage along the Upper Gordon River Channel. The project shall be designed to provide protection against a 25-year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1) The Sub -Recipient shall submit signed and sealed Engineering plans that clearly show the engineer's estimate of the pre and post -mitigation effects of the proposed project and the relationship of the damages to be mitigated (commensurate with the level of funding requested). The H&H study shall contain at least 3 scenarios, where one represents the level of protection; under each scenario, the Sub -Recipient must identify the losses before and after mitigation (structural, content, displacement, road closure duration, or any other needed to show the improvements after the mitigation project is implemented). This includes, but is not limited to, the existing and proposed hydrology and hydraulics for the level of event being mitigated. 2) Demonstrate mitigation effectiveness, in part, by showing the physical location(s) and elevation(s) of the infrastructure/structures that are being damaged and FEMA Special Flood Hazard Areas on the same plan. 3) Submit a refined cost estimate, to include final Phase I Fees and Phase II Construction Materials and Labor. D) Environmental: 1) Any change to the approved scope of work shall require re-evaluation for compliance with NEPA and other Laws and Executive Orders. Packet Pg. 874 16.A.26.f 2) Acceptance of federal funding requires the Sub -Recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. 3) Meet all required Environmental laws and policies, and all necessary Environmental compliance documents shall be obtained as applicable. a) United States Army Corps of Engineers (USACE): Consultation with the USACE is required. A permit or No Permit Required shall be submitted. b) Copy of all environmental permits or applications; any obtained from the Florida Department of Environmental Protection (FDEP), and/or local Water Management District (WMD) shall be submitted. Any conditions for compliance shall be included in the final design plans, narrative, and project implementation actions. 4) Historical Preservation compliance documents shall be obtained. Review documentation required: a) Color maps including topographical and aerial with the project location clearly marked. b) Color photographs of any area with ground disturbance (electronic). c) Indicate if project site is located within a designated historic district or historic neighborhood. 5) Tribal Consultation shall be required for proposed ground disturbing activities. The following documents shall be required and submitted as part of deliverables: a) Color ground disturbance maps showing the full extent of the project footprint and depth of ground disturbance. Geographic latitude/longitude (decimal degree format) of the proposed construction areas and staging areas. b) Previous and current use of proposed project area. c) Any known site work or historic uses for the proposed location. d) Any available studies that may have taken place on the property. 6) Phase I of this project is approved with the condition that the above list of deliverables shall be submitted for review and approval by the Division and FEMA before Phase II is considered. 7) No construction work may begin until Phase II is approved by the Division and FEMA. E) Programmatic: 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub -Recipient must notify the Division 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 costs or earlier completion. 3) The Sub -Recipient must 'obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 4) A Public Notice shall be published to notify interested parties of the proposed activity. Notices shall be published in a manner that anyone that may be affected or interested in this project has access to the posting, using the Division template, as applicable. 5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in Packet Pg. 875 16.A.26.f writing and submitted, along with substantiation of new expiration date and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 7) Phase I — Design of this project is approved with the condition that the enclosed list of deliverables shall be submitted, 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA before Phase II — Construction is considered. 8) When Phase I is completed, the Sub -Recipient must provide 100% completed designs, calculations, a full set of signed and sealed plans and, permits for a Phase II review. A final BCA using developed technical data and study results will take place. The data inputs to the final BCA for Phase II approval, must be based on the inputs and outputs of a hazard related study such as erosion, Hydraulic & Hydrologic study, damage calculations, road closures, etc. No assumptions or historical damage will be acceptable for final BCA of Phase II approval. No construction activities for this project have been approved. 9) The Sub -Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. This is FEMA project number 4337-379-R. It is funded under HMGP, FEMA-4337-DR-FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4337. FEMA awarded this project on February 4, 2020; this Agreement was executed on July 22, 2020; and the Period of Performance for this project shall end on November 30, 2022. F) FINANCIAL CONSEQUENCES: If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub - Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. Packet Pg. 876 16.A.26.f Schedule of Work Phase I — State Contracting: 5 Months Bidding / Local Procurement: 8 Months Design Specifications: 14 Months Permitting / Survey: 4 Months Deliverables Submitted to FDEM: 2 Months Total Period of Performance: 33 Months BUDGET Line Item Budget* Phase I Project Cost Federal Cost Non -Federal Cost Materials: $0.00 $0.00 $0.00 Labor: $0.00 $0.00 $0.00 Fees: $88,000.00 $66,000.00 $22,000.00 Initial Agreement Amount: $88,000.00 $66,000.00 $22,000.00 'Contingency Funds: $0.00 $0.00 $0.00 Project Total: $88,000.00 $66,000.00 $22,000.00 *Any line item amount in this Budget may be increased or decreased 10% or less, with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. *** This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part Vl, D.3.4 — Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re -budgeted to another direct cost category and identified. Post -award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of $0.00 Funding Summary Totals Federal Share: $66,000.00 (75.00%) Non -Federal Share: $22,000.00 (25.00%) Total Project Cost: $88,000.00 (100.00%) Packet Pg. 877 Agreement Number: H0462 Project Number: 4337-378-R FEDERALLY -FUNDED SUSAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass -through entity considers a contract." As defined by 2 C.F.R. §200.74, "pass -through entity" means "a non -Federal entity that provides a subaward to a Sub -Recipient to carry out part of a Federal program." As defined by 2 C.F.R. §200,93, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass -through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non - Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity." As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass -through entity to a Sub -Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass -through entity." The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub -Recipient's name: Collier Cou Sub -Recipient's unique entity identifier: Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass -through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub - Recipient by the pass -through entity Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass -through entity: Contact information far the pass -through entity: Catalog of Federal Domestic Assistance (CFDA) Number and Name: Whether the award is R&D: Indirect cost rate for the Federal award: 1 596000558 FEMA-DR-4337-FL January 30, 2020 Upon execution through April 30, 2021 $72.000.00 $72,000.00 $72,000.00 Drainage, Phase I Federal Emergency Management Agency FL Division of Emergency Management Mike. Lalbachan em.m florida.com 97.039 Hazard Mitigation Grant Program NIA NIA THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Collier County, (hereinafter referred to as the "Sub -Recipient"). For the purposes of this Agreement, the Division serves as the pass -through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub -Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub - Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. i. Monitor and document Sub -Recipient performance; and, ii. Review and document all deliverables for which the Sub -Recipient requests b. The Division's Grant Manager for this Agreement is: Mr. Mike Lalbachan Project Manager Bureau of Mitigation Florida Division of Emergency Management 2702 Directors Row Orlando, Florida 32809-5631 Telephone: 850-815-4571 Email: Mike. Lalbachan(.5em.myfiorida.com c. The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement is: Mr. Gerald Kurtz Principal Project Manager Collier County 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 Telephone: 239-2 52-5860 Email: gerald.kurtzacolliercountvfl.gov d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 3 (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK The Sub -Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (8) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall end on April 30, 2021, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309, the Sub -Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." In accordance with section 21 5.971 (1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING a. This is a cost -reimbursement Agreement, subject to the availability of funds. b. 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 either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub -Recipient only for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"), The maximum reimbursement amount for the entirety of this Agreement is $72,000.00. d. As required by 2 C.F. R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any 4 u false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment A, that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub -Recipient "relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation --personal services") and 2 C.F.R. §200.431 ("Compensation —fringe benefits"). If the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: awards; and, They are provided under established written leave policies; The costs are equitably allocated to all related activities, including Federal iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently foilowed by the non -Federal entity or specified grouping of employees. h, if authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. i. The Division's grant manager, as required by section 215,971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10) RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F. R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 G.F.R. §200,333, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement: If any litigation, claim, or audit is started before the expiration of the 5-year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass -through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass -through entity, the 5-year retention requirement is not applicable to the Sub -Recipient. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. in accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200,335, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F. R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11) AUDITS a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -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 Division has notified the Sub -Recipient of such non- compliance. e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473," The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. f. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEMSingle—Audit@em,myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collecttddeindex.html 0 O 0 h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12) REPORTS a. Consistent with 2 C.F.R. §200,328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than fifteen (15) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The close-out report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whicheverfirst occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub -Recipient shall provide additional reports and information identified in Attachment F. (13) MONITORING a. The Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the m Division. In the event that the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. (14) LIABILITY a. Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and, as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if; a. Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, 11 d. The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. (17) TERMINATION a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. 12 b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub -Recipient with thirty (30) calendar day's prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub -Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (18) PROCUREMENT a. The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). b. As required by 2 G.F.R. §200.318(i), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F. R. §200.318(b), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 G.F.R. §200,324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F. R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub- 13 Recipient. While the Sub -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to Identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: paragraph (17) above; and, solicitation, Terminate this Agreement in accordance with the provisions outlined in Refuse to reimburse the Sub -Recipient for any costs associated with that e. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R, §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution, The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined In 2 G.F.R. §§200.318 through 200.325 as well as Appendix li to 2 C.F.R. Part 200, Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its Judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract, Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non -compliant, then the Division may: Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract. f, The Sub -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 Sub -Recipient harmless 14 against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. g. As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." h. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. j. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes, k. The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. I. For each subcontract, the Sub -Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.321 15 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). (19) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A — Budget and Scope of Work iii. Attachment B — Program Statutes and Regulations iv. Attachment C — Statement of Assurances V. Attachment D — Request for Advance or Reimbursement vi. Attachment E — Justification of Advance Payment vii. Attachment F — Quarterly Report Form viii. Attachment G — Warranties and Representations ix. Attachment H — Certification Regarding Debarment X. Attachment I — Federal Funding Accountability and Transparency Act xi. Attachment J — Mandatory Contract Provisions (20) PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest - bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Aftachment 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. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shah be submitted to the Division grant manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division 16 to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division. (21) REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or 17 consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000,00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub -Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. 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 (22) f, ii, of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default, g. If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. h. In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each intended subcontractor which Sub - Recipient plans to fund under this A greement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. j. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. k. 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 ("INK)]. 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 Sub-Reciplent of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. m. The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (23) LOBBYING PROHIBITION activities. a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." 19 G iii. The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. iv. 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. (24) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. if any books, manuals, films, or other copyrightable material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted 20 or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. (25) LEGAL AUTHORIZATION The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub - Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub - Recipient to the terms of this Agreement. (26) EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or 21 applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the ruies, regulations, and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by ruies, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction 22 work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27) COPELAN❑ ANTI -KICKBACK ACT The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 23 (28) CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30) SUSPENSION AND DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R, pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this 24 offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31) BYRD ANTI -LOBBYING AMENDMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (32) CONTRACTING WITH SMALLAND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of 25 a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (33) ASSURANCES Attachment C. The Sub -Recipient shall comply with any Statement of Assurances incorporated as 26 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB -RECIPIENT: C Name and title: Burt L. Saunders Chairman Date: e1�{i alga FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Digitally signed by Miles E. Anderson Miles E. Anderson em c—Miles. E Anderson, o=DEM, a.c Mitigation, email=Miles.anderson@em.myflorida.com, c=US By: Date: 1020.07.22 16:14.27-04'00' Name and Title: Jared Moskowitz, Director Date: 07/22/2020 ATES1' `12Y Lim Kjl Ci ERK 13 Est a to Chairman's 'grure only, 27 Approved as to form and legality Jennifer A. Belpedio� Assistant County Attorney aL� 3 EXHIBIT — 1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS Federal Program Federal agency: Federal Emergency Management Agency: Hazard Mitigation Grant Catalog of Federal Domestic Assistance title and number: 97.039 Award amount: $ 72,000.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities • Sections 1361(A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by the !National Flood Insurance Reform Act of 1994, Public Law 1 03-325 and the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264 • 31 CFR Part 205 Rules and Procedures for Funds Transfers Federal Program: Sub -Recipient is to use funding to perform the following eligible activities: • Localized Minor Drainage Improvement • Intermediate Stormwater Drainage System • Major Flood Control Drainage System Sub -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. 28 0-iri Attachment A Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to improve drainage on the Upper Gordon River Basin in Naples, Collier County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-378-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub -Recipient, Collier County, shall conduct Phase I of this project, which includes the preliminary engineering designs and calculations, surveys, permitting, and notices. No construction activities are approved at this time. The Sub -Recipient shall complete the Phase I work in accordance with all applicable federal, state and local laws, regulations and codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to improve the drainage of the Upper Gordon River Basin, located in Naples, Florida, 34105. Coordinates: (26.175543, - 81.791245). The scope is for Phase I only, which includes but is not limited to surveying, engineering, design, plans preparation, permitting and bidding for the proposed project, for Phase 11 approval. No construction activities for this project have been approved. When completed, the Sub -Recipient shall provide deliverables for Phase 11 review of the following proposed activities. The Phase II proposed scope of work shall include the replacement of the existing 2,000 GPM with a new 24,000 GPM capacity pump. The proposal shall also include the enhancement of the conveyance capabilities of the system in the area. The project shall be designed to provide protection against a 25-year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. TASKS & DELIVERABLES: A) Tasks: 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the Phase i scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all areas in a neat and presentable condition. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub -Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method 29 C� G of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub -Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub -Recipient shall monitor and manage the Phase I portion of this project in accordance with the Hazard Mitigation Grant Program application and supporting documentation as submitted to the Division and subsequently approved by the Division and FEMA. The Division and FEMA shall render a Phase II determination upon completion of the review of Phase I deliverables. No construction activities are approved at this time. The Sub -Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. Phase I consists of fees; for conducting survey, drainage study, engineering, design, public notices, and/or permitting associated with the modification(s) needed to upgrade the drainage. Verification of upstream and downstream impacts shall be necessary for determining project eligibility. All Phase I work shall be completed in accordance with all applicable state, local and federal laws and regulations and documented, as appropriate. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all scope of work changes, if any. a) Two sets of engineering Signed/Sealed final design and analysis, surveying, and Hydrologic and Hydraulic (H&H) Studies. b) Construction Plans and bid documents. C) Revised cost estimate for Phase 11 — construction (include Phase I costs), to implement the design project. d) Design documents shall provide a detailed description which includes specifics on project scope of work, depth and extent of ground disturbance at all construction locations of the project. e) Color maps including topographical, aerial, and ground disturbance. f) Color photographs of the project area and areas of ground disturbance. g) Copy of all environmental permits or applications; any obtained from the Florida Department of Environmental Protection (FDEP), and/or local Water Management District (WMD) shall be required. Any conditions for compliance shall be included in the final design plans, narrative and project implementation actions. h) Copy of the United States Army Corps of Engineers (USACE) permit or No Permit Required notification. 0 Any other documentation requested by the Division, not limited to Project Conditions and Requirements herein. 3) During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. 30 The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Direct Expenses: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub -Recipient shall ensure that all contractorlsubcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third party in -kind services, if applicable, shall be conducted by the Division in coordination with the Sub -Recipient. Quarterly reports shall be submitted by the Sub -Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub -Recipient shall submit to the Division requests for reimbursement of actual Phase I costs related to the project as identified in the project application and this scope of work. The Requests for Reimbursement (RFR) shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub -Recipient's Request for Reimbursement shall include the final Phase I project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. 31 B) Deliverables: Mitigation Activities consist of Phase I activities, which include engineering, designing, plans preparation, permitting and bidding for the proposed project, for Phase II approval, and to implement measures to improve the drainage of the Upper Gordon River Basin at Naples, Florida, 34105. The designed project shall provide protection against a 25-year storm event. Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1) The Sub -Recipient shall submit signed and sealed Engineering plans that clearly show the engineer's estimate of the pre and post -mitigation effects of the proposed project and the relationship of the damages to be mitigated (commensurate with the level of funding requested). The H&H study shall contain at least 3 scenarios, where one represents the level of protection; under each scenario, the Sub -Recipient must identify the losses before and after mitigation (structural, content, displacement, road closure duration, or any other needed to show the improvements after the mitigation project is implemented). This includes, but is not limited to, the existing and proposed hydrology and hydraulics for the level of event being mitigated. 2) Demonstrate mitigation effectiveness, in part, by showing the physical location(s) and elevation(s) of the infrastructure/structures that are being damaged and FEMA Special Flood Hazard Areas on the same plan. 3) Submit a refined cost estimate, to include final Phase 1 Fees and Phase II Construction Materials and Labor. D) Environmental: 1) Any change to the approved scope of work shall require re-evaluation for compliance with NEPA and other Laws and Executive Orders. 2) Acceptance of federal funding requires the Sub -Recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. 3) Meet all required Environmental laws and policies, and all necessary Environmental compliance documents shall be obtained as applicable. a) United States Army Corps of Engineers (USACE): Consultation with the USACE is required. A permit or No Permit Required shall be submitted. b) Copy of all environmental permits or applications; any obtained from the Florida Department of Environmental Protection (FDEP), and/or local Water Management District (WMD) shall be submitted. Any conditions for compliance shall be included in the final design plans, narrative, and project implementation actions. 4) Historical Preservation compliance documents shall be obtained. Review documentation required: a) Color maps including topographical and aerial with the project location clearly marked. b) Color photographs of any area with ground disturbance (electronic). c) Indicate if project site is located within a designated historic district or historic neighborhood. 5) Tribal Consultation shall be required for proposed ground disturbing activities. The following documents shall be required and submitted as part of deliverables: 32 a) Color ground disturbance maps showing the full extent of the project footprint and depth of ground disturbance. Geographic latitude/longitude (decimal degree format) of the proposed construction areas and staging areas. b) Previous and current use of proposed project area. c) Any known site work or historic uses for the proposed location. d) Any available studies that may have taken place on the property. 6) Phase I of this project is approved with the condition that the above list of deliverables shall be submitted for review and approval by the Division and FEMA before Phase II is considered. 7) No construction work may begin until Phase II is approved by the Division and FEMA. E) Programmatic: 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub -Recipient must notify the Division 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 costs or earlier completion. 3) The Sub -Recipient must 'obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 4) Phase I — Design of this project is approved with the condition that the enclosed list of deliverables shall be submitted, 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA before Phase II — Construction is considered. 5) A Public Notice shall be published to notify interested parties of the proposed activity. Notices shall be published in a manner that anyone that may be affected or interested in this project has access to the posting, using the Division template, as applicable. 6) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted, along with substantiation of new expiration date and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 7) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 8) When completed, the Sub -Recipient must provide 100% completed designs, calculations, complete signed and sealed plans and, permits for a Phase Il review. A final BCA using developed technical data and study results will be necessary. No construction activities for this project have been approved. 9) The Sub -Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. This is FEMA project number 4337-378-R. It is funded under HMGP, FEMA-4337-DR-FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4337. FEMA awarded this project on January 30, 2020; this Agreement shall begin upon execution by both parties, and the Period of Performance for this project shall end on April 30, 2021. F) FINANCIAL CONSEQUENCES: 33 �s If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub -Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. Schedule of Work Phase I — State & Local Contracting: 3 Months H & H Study: 3 Months Engineering Design Specifications: 6 Months Permitting 1 Survey: 2 Months Deliverables Submitted for Phase II Review: 1 Month Total Period of Performance: 15 Months BUDGET Line Item Budget* ect Cost Federal Share Non -Federal Share Materials: $0.00 $0.00 $0.00 Labor: $0.00 $0.00 $0.00 Fees: $96,000.00 $72,000.00 $24,000.00 Initial Agreement Amount: $96,000.00 $72,000.00 $24,000.00 'Contingency Funds: $0.00 $0.00 $0.00 Project Total: $96,000.00 $72,000.00 $24,000.00 *Any line item amount in this Budget may be increased or decreased 10% or less, with the Division's approval, without an amendment to this Agreement being required, so tong as the overall amount of the funds obligated under this Agreement is not increased. *** This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part Vl, D.3.4 — Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re -budgeted to another direct cost category and identified. Post -award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of $0.00 34 Funding Summary Federal Share: $72,000.00 (75.00%) Non -Federal Share: $24,000.00 (25.00%) Total Project Cost: $96,000.00 (100.00%) 35 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 Assistance Guidance- February 27, 2015 Update; and (5) All applicable laws and regulations delineated in Attachment C of this Agreement In addition to the above statutes and regulations, the Sub -recipient must comply with the following: The Sub -recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with 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. The Sub -recipient shall not deviate from the approved project and the terms and conditions of this Agreement. The Sub -recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Sub -recipient and any land use permitted by or engaged in by the Sub -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 Sub -recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land use permitting authority, where required. The Sub -recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and an conformity with applicable codes, specifications and standards. The Sub -recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then the Sub -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; RR (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 designed open space; b. a restroom; or (3) A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; (4) After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and (5) If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44 CFR 206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Sub -Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. As a reminder, the Sub -recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW), Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: (1) For Construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need for additional funds" (44 CFR 13(c)); (2) A change in the Scope of Work must be approved by FEMA in advance regardless of the budget implications; and (3) The Sub -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 sixty (60) days prior to the project expiration date. The Sub -recipient assures that it will comply with the following statutes and regulations to the extent applicable: (1) 53 Federal Register 8034 (2) Federal Acquisition Regulations 31.2 (3) Section 1352, Title 31, US Code (4) Chapter 473, Florida Statutes (5) Chapter 215, Florida Statutes (6) Section 768.28, Florida Statutes (7) Chapter 119, Florida Statutes (8) Section 216.181(6), Florida Statutes (9) Cash Management Improvement Act of 1990 (10) American with Disabilities Act (1 1) Section 112.061, Florida Statutes (12) Immigration and Nationality Act (13) Section 286.011, Florida Statutes 37 �9 (14) 2 CFR, Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (18) Omnibus Crime Control and Safe Streets Act of 1968, as amended (19) Victims of Crime Act (as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (21) Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) (1990) (22) Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and Part 39 (23) 42 U.S.C. 5154a 38 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the Sub -recipient certifies that: (a) It possesses legal authority to enter into this Agreement and to carry out the proposed program; (b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandings and assurances contained in it, and directing and authorizing the Sub -recipient's chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of the Sub -recipient or its designees or agents, no member of the governing body of the locality in which this program is situated, and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Sub -recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above; (d) All Sub -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 Sub -recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Sub -recipient. Any cost incurred after a notice of suspension or termination is received by the Sub -recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Sub -recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work -week. (f) It will comply with (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub - recipient received 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 Sub - recipient, this assurance shall obligate the Sub -recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is 0 G used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualifies 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 pay or other forms of compensation; and election for training and apprenticeship; (g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, Florida Statutes; (h) It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; (i) It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; 0) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 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; For sites located within Special Flood Hazard Areas (SFHA), the Sub -recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Model Acknowledgement can be found at www.fema.govlgovernmenta/grant/sfha_conditions.shtm (k) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Sub - recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (I) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR, Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by! (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR, Section 800.8) by the proposed activity; and 40 (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 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800, (4) When any of the Sub -recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency Management Agency (FEMA) may require the Sub -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 Guide lines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Sub -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) The Sub -recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation of footings and foundations, and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Sub -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 or archeological data from the property. If the Sub -recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". The Sub -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 fifteen (15) calendar days of receipt of the treatment plan, FEMA may direct the Sub -recipient to implement the treatment plan. If either the Council or the SHPO object, Sub -recipient shall not proceed with the project until the objection is resolved. (6) The Sub -recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify a 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. The Sub -recipient acknowledges that FEMA may require the Sub - recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Sub - recipient further acknowledges that FEMA may require the Sub -recipient to take all 41 Cq O reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. The Sub -recipient also acknowledges that FEMA will require, and the Sub -recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) The Sub -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, the Sub -recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse effect to occur. (m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686) which prohibits discrimination on the basis of sex; (n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (p) It will comply with Lead -Based Paint Poison Prevention Act (42 U. S.C. 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto; (r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this Agreement; (s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C. 3601- 3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; (u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626 (v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544; (w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; (x) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (y) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; (z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.; (aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; 42 (bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; (cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs; (dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; (gg) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666. (ii) With respect to demolition activities, it will: (1) Create and make available documentation sufficient to demonstrate that the Sub - 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 the Sub -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 Hazard Present b. Health Hazards Present c. Hazardous Materials Present (5) Provide supervision over contractors or employees employed by the Sub -recipient to remove asbestos and lead from demolished or otherwise applicable structures. (6) Leave the demolished site clean, level and free of debris. (7) Notify the Division promptly of any unusual existing condition which hampers the contractor's work. (8) Obtain all required permits. (9) Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. (10) Comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 43 (11) Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857h), Section 508 of the Clean Water Act (33 U.S.C. 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. 44 GO) Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS SUB -RECIPIENT: Collier Count REMIT ADDRESS: CITY: STATE: PROJECT TYPE: Drainage, Phase I PROJECT #: PROGRAM: Hazard Mitigation Grant Program CONTRACT #: APPROVED BUDGET: FEDERAL SHARE: ADVANCED RECEIVED: N/A AMOUNT: Invoice Period: To ZIP CODE: 4337-378-R H0452 MATCH: SETTLED? Payment #: Eligible Amount 100% (Current Request) Obligated Federal Amount 75% Obligated Non- Federal 25% Division Use Only Approved Comments TOTAL CURRENT REQUEST: $ By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812. SUB -RECIPIENT SIGNATURE: NAME / TITLE: TO BE COMPLETED BY THE DIVISION I APPROVED PROJECT TOTAL DATE: ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT $ DATE 45 SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MTIGATION ASSISTANCE PROGRAM SUB -RECIPIENT: Collier County PAYMENT M PROJECT TYPE: Drainage, Phase I PROJECT #: PROGRAM: Hazard Mitigation Grant Program CONTRACT # 4337-378-R H0452 REF NO DATE' DOCUMENTATION (Check) AMOUNT ELIGIBLE COSTS 100% 1 2 3 4 5 6 7 8 9 This payment represents L completion of the project. TOTAL Recipient's internal reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule #) 3 Date of delivery of articles, completion of work or porfonnancP services. (per document) 4 List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and name of vendor orcontractor) by category (Materiels, .Labor, Fees) ar)d line item in the approved project line item budget, Provide a brief description of the articles orsetvices. List service dates pereach invoice. 46 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: Collier County If you are requesting an advance, indicate same by checking the box below. [ j ADVANCE REQUESTED 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. If you are requesting an advance, complete the following chart and line item justification below, PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for ninety (90) days. Submit Attachment D with the cost share breakdown along with Attachment E and all supporting documentation. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for First Three (list applicable line items) Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract terra. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term as evidenced by copies of invoices and cancelled checks as required by the Budget and Scope of work showing 100% of expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance. 47 Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM Instructions: Complete and submit this form to the appropriate Project Manager within fifteen (15) days of eachquarter's end date. SUB -RECIPIENT: Collier County PROJECT #: 4337-378-R PROJECT TYPE: Drainage, Phase I CONTRACT #: H0452 PROGRAM: Hazard Mitigation Grant Pmgraryl. QUARTER ENDING: Advance Payment Information: Advance Received ❑ NIA ❑ Amount: $ Advance Settled? Yes ❑ No ❑ Provide reimbursement Projections for this project (projections may charige): Jul -Sep 20 _ $ Oct -Dec 20 $ Jan -Mar 20_ $ Apr -Jun 20� $ Target Dates: Contract Initiation Date: Contract Expiration Date: Estimated Project Completion Date: Project Proceeding on Schedule? ❑ Yes ❑ No (If No, please describe under issues below) Percentage of Work Completed (may be confirmed by state inspectors): _ % Describe Milestones achieved during this quarter: Provide a Schedule for the remainder of work to project completion: (Milestones from Contract with estimated dates) Milestone Date Describe Issues or circumstances affecting completion date, milestones, scope of work, and/or cost: Cost Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget Additional Comments/Elaboration: NOTE: Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at anytime. Events may occur between quarforly reports, which have significant impact upon yourproject(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions become known, otherwise you may be found non -compliant with your sub grant award. Person Completing Form: Phone, To be completed by Division staff Date Reviewed. Reviewer: Actions: Attachment G Warranties and Representations Financial Management The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements —Procurement Standards (2 C.F.R. §§200.317 through 200.326). Business Hours The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: 8:00 AM - 5.00 PM, Monday Thru Friday, as as lam. Licensing and Permitting All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub -recipient. 49 i . Attachment H Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor, of the Sub -Recipient certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR By: Signature Name and Title Street Address City, State, Zip Date 6111 Collier County Sub -Recipient's Name H0452 DEM Contract Number 4337-378-R FEMA Project Number Attachment I Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006, The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on federal awards (federal assistance and expenditures) be made available to the public via a single, searchable website, which is http:llwww.usaspetiding.gov/, The FFATA Sub -award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management ("FDEM" or "Division") must use to capture and report sub -award and executive compensation data regarding first -tier sub -awards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment Act of 2009, Pub, L. 111-5). Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent Information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a sub - award (Agreement) that obligates $25,000 or more in federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT #: 4337-378-R FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $ 72,000.00 OBLIGATION/ACTION DATE: January 30, 2020 SUBAWARD DATE (if applicable): DUNSM 076997790 DUNS# *4: 51 *If your company or organization does not have a DUNS number, you will need to obtain one from Dun & Bradstreet at 866-705-5711 or use the web form(http:f/fedgov.dnb,com/webform). The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: DBA NAME (IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** PARENT COMPANY DUNS# (if applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): DESCRIPTION OF PROJECT (Up to 4000 Characters) Collier County proposes to improve the drainage of the Upper Gordon River Basin, located in Naples, Florida, 34105, Coordinates: (26.175543,-81,791245). The scope is for Phase I only, which includes but is not limited to surveying, engineering, design, plans preparation, permitting and bidding for the proposed project, for Phase 11 approval. No construction activities for this project have been approved. When completed, the Sub -Recipient shall provide deliverables for Phase II review of the following proposed activities. The Phase 11 proposed scope of work shall include the replacement of the existing 2,000 GPM with a new 24,000 GPM capacity pump. The proposal shall also include the enhancement of the conveyance capabilities of the system in the area. Verify the approved project description above, if there is any discrepancy, please contact the project manager. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE, OF PROJECT PERFORMANCE: **Providing the Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION; 62 In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170,320; , (b) $25,000,000 or more in annual gross revenues from U3. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes ❑ No ❑ If the answer to Question i is "Yes," continue to Question 2. if the answer to Question 1 is "No", move to the signature block below to complete the certification and submittal process. 2, Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986? Yes ❑ No ❑ If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at httpllwww.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives", in rank order, In your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive" is defined as "officers, managing partners, or other employees in management positions". "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. K Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 20Q4) (FAS 123R), Shared Based Payments. Ill. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. Iv. Change In pension value. This is the change In present value of defined benefit and actuarial pension plans. V. Above -market earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 53 TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion } Rank (Highest to Lowest) Name (Last First MI Title Total Compensation for Most Recently Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE; NAME AND TITLE: DATE; 54 Attachment J Mandatory Contract Provisions Provisions: Any contractor subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F'.R, Part 200. It is the responsibility of the sub -recipient to include the required provisions, The Division provides the following list of sample provisions that may be required: 55 OMS Guidance (D) DxyLs-lhwon Aot, an anirr►&4 (4017,5.�1., ;11+�1,,�t1E), liraalT:rlqui:rmi h.v Forlorai 1aru+irzam 1e031a:tiaan. an prime. 6un;truotlon 0071tract;a in e eow, of $%00 aawardsKi bN no.n-:Ndmrui Intta:t113 must In allidaa 4 Wo"Won for wmpil.. aance with Clio DavEs- 1acon ,Aot 140 U,8,0- 1i:141.,11hC, and U01-S19g1 as sijpWemonW by M.pmlaTimt, of Labor ragulatlons (20 CPU eaalal€? to Centrar.utac Covraring 6'asrleraaily Fl- nancAki areal :aaarqat l lonstroation,"), In av CO..Klairat wlu.l: 'tho sot tlrto, cofflfaau:wm tnvzt ba requitwi data :ilav lsl € os W labor airs. and me, Faiaaallrav at air Fate t1a lass Ulan U0 .I€r S Flung rvaap€s sl€eoaflud In ac wrlgo dotornlnrlalion. In dO 13�r the SWWOtAry a l.AbOr. ITI .Additl0a, cnatraotors nluKt be raritrat d W .pav yvaya nrat Masai than alairtrl a>a rvGak, 'filar non-law.+rlaaa'sal Qn1; O Inns.[. iilatce a rare raf flap 9:ui`r'onti pre- va111.01t Wage a aUermin ati un J OLIOd. by tho 7)€s.. jArtmeat of -Labor in mull .a holisrr;tlan, Th+:a i1sciaron is awa zd as aontaaacL or srlirocrnlaWQL Toast, IV conaltiontKI aa.polt tale tacoupt'Umfl of bbo wa Q 404rininatlnn, 'hi) Tamar-danderal..Go. . titr .mites sport :all nn;pea>raa or ratiacax°l a violratiour, 1:4) tea :podelal awatnlinr agnmly. Tho uontrnsit. lutist a ee Include a provision. for ctlmpllanci) with tha Colvlaam `°.,'nti- KlskW. —It" Aot (44 U,&U, 31.4!i), a;T alupplo- Mooted by DulutartiTaont, Of Labor a°opilzation:s (°fit C:VR Part 1, "Cntarrlrtom and SO- contraotors on Publln Building or Public Work Vtnaw>nd in Who]* or in Pxr^t lay TATA.wa or Grants from tha i United Star 4'1). The Act providaas t=flat each matT•aactur or Uabr m plont Ti uvt bo llrobilaited �rtsm Indatsi.ng. by Any I7rf€twk , any porsxn aaanplalyM in the csi.rtsti,U(Aloo. 00117p:tSBUMI, up arelaalx of V0111aa wr€T'la, in n1VA up is v palrta Of the wfllpwva ,aM t;aa;tlr to whir lr has for shah ors otho wisp as Utlod. The .non. .F'uft al asnTtllr,Y iintst report all. &txt- pectoil m ropirwd v:lol.ftUono to thra .l:'pdaaarrtl. awm'arrr aigt€new. (bl) (rtantrm"t worl; !:Hasa aria& Ssfaty Stawla:rds Aot 4,10 ll.S,it. .Wham applicable, all usalttt'"t l awaard*Ll by the non,. Fwkn,il 411iat.47 in aasc[saa i Of $100.00 that m- vari've Lho a3mpliAmieat of I unhatTisas ar .labor- Iars ands.% 1Ttasl€ar1.Ia lI provlaalon for c ompliaa.nm rlF10. Al ''o-+; . =2 aakid IrM, %,, ,mpp)gnaf nt d lay 77apartrrnptrt of Lalmr ri trlastsioras (20 C7F'lt Fart, fit. liiWar riti'U,SS,, t3+02 of the AU. amh a'OTkfzl"dr7 ar" must !rat requiroal to oundl3 ito tba vraw a OF evarrx macllamts and la boror on th . !lads of a. st,anirksd avnrk wook OF 40 .hoot. , Work In oxwnas of than sbpaidmm l work waaolc la perinlusibl.oprov d2d Uhnt Lhe'worker lo tom.- larW1J ard at a .rato of aTttt draws. th= ova and a hail` iinw. than la1agw, ra:W of l*y fDr aaU hours wtol'kod. in Tasssealt (if fill hours In the wDr.k iwaa k. 'Elie rargtr.ira' wants of 40 1i7i11 area xpplicablo tra c:ramd—ruefton work and provide that no late orear or TncUmulo mast be sv- a(uIred W Arai* ni nirroTi.n ingta ar uDn Jar Working t;orr€1;lt3rrinas whl6h. a rfr uar:sanitaary, ha;c« Nulls u r eltaataganrl is, 'Ma T TaaraIxpute, do lust+ apply W than pnxs Ium ci" auppl.ium or 56 Pt gild', A4pp, II mrrtts€'Wa or arUvlW erdinarilY available qni okra cpaala rrrala•)r:aai, or uirTttracl;t for t'raaimpar- tatiaa.n.or trraTraiT3rM1on of lnt:aail9(same, VontCraea;t or Agramiont, if. time Yodarr t award ,ffi"W the d$li.ItlUon of "1lralallirl; agrL98 mialt" Tea r ;17 CFTC 1411.2 (a) xnd tag realj,)Wnt or .subrrlcall orfl;'4ik;hA:9 to antor into a.ontrstl t, 4i''IWI a RT Ia l 1r11311ms Cowin. or D'anpa•raf1t orl,r a- nlyAtIcan ramdIng alma z1alk-4,,14aitltsn of €- vier;, L-aanitTwit or pRrNrnTaatt o of oxptarl- ImTatal, dovulra.tanontal, raj, riasrasmla work u'ndnr" tba '°fiiittlixi 'zr r°araTlr�Y7:4, 00 rt,clpk- oni or ssllardlotplont tmu;ts t;vmply wini O',liaa re- alraIX 0111ti11W of 37 U FAR PrU1:.101, °u1 �11Ge� ke Ill.. vrantlown ulff by liraiiltroflt Orpanl5ntlams awl Sinalt i3'tLAncmi 1r'lrms i'indcr Govaru- mimt Omnta, Oontrw, ,, and Coo oparrativar Ag,reml.mta,", sond city lrillpia91T3.canili ',mgula,- ticolns iesa lwa b"r taitan:a r'diLme a n=.Y, ((1) 0.1oxo A.tr Asat (42'tI,S.C. 7401 73`d.tsl.) aril olio 70deral Waator Folliltioli Guntrol Act 433 U.S. G, .1 and Lglb�xra..IIA Of € TIiit -03 In 00+ of $'tfA,(W mast coul;Mn ar provirslon Mit roquix oai tbu troll-li'otloml Award to agren to comply 'with all alVl:loaXIn V.,Andards, orderer ox regliltz Llcsralt laaawd puTsua:nt sou boat Clo am Air A t (J'j 1l. .Ci. 14Q[--' l(D Mat41 "nQ .l'€der°aj Wxtur ]aatllaltJon UanU,owl Aat alas wlloiid ad (28 U.3S;G. 125i.-,IS971, VID -tloaas mart Ix rororl.kito tahut ]x':adoral aw%rding money and nS FwI rltlllal offlt;c ail' tltu ilsavtrs,sirnaaall;arl Fr+)l<rsrt oaa. A arnay 11111et5, (11) 'h srlatovr , stalidEuvls and pallaaa na- lattaxg to ar,tnaxrgy offlsaewy tvhtob aro raran- va16ilraslin ft1f., rrsa to PatrtIg"r rciarMrvatlolr plan. lsaaea€arl in aionilalinflor with the 911Rrgy VO11C,v and Cyr€ii,mrva ion Acts (12 Alai.!'). 4201)„ (1) t)tbm,mont and ""Usio.av4ml (2x8outtva Ordaam ND and 1$690)--A mntraaet avaal'rd (,mw 2 ("PR WO' ) rimt not l.w marlo to p r- tioa 11swa mi, iiata l;sas"uriaitr tt4tialal iuxcluallaal P artim List Sy4st€ n In t w Sytanl far Iiw aed aIr:'.a$roment, (MM), tit accordartme With Wio ONU oldourwaat 1Opp <IN that iripla§lli4kut= &iX01U41vo C)Id x,. l019 (S 011% part ON 5.cmp., p. 19D) lame! 1;2 (8 CPR.Baart AMarTrlr., p p15}, `l7 akrarrrs?lat solar!xs ap Ir, trim.." `,l he Extnisiel+aFl P art rez; .Llvt Systom In 8AX cwn tai ng Hoot naaraoa of pae`Lvm dobarrx4 rn— pengia d' or ofibmivbw as oludna by a pnowsr as wall =1ardaK ftolairwl In al1g,11As nrx for ;Halt:- TaOry or MtnrrlAJK)ry atIIVIOC14',Y vatlier 1s31trra frlic- e,CU14" ordor 195,10. {J) l Y0 And. -Lobbying ATimratira'smt 4,11 [I. .0 . 7 i6 `3 - tloaaE ras t�ar,s that apply or bid frzr an Aww' i -of S1.w,0011 or mom nw3t, Ma flax rvlt[ialtsael 1' i0h ON' eVr'FIIIW to Uz Q oar O'bover that it will Rot Flat!hair not wanal. l:TMaadpi!al approprtratod trnds to pay any ptaT.ion or oa'l:atiiaaUean Falr itailuGnoinlx or NL- WlnptrlW tar lnt'lsnta11va an 0111nasr or raulplvyao of auy a onoy, a, mornbiar Of (';ot r V, offloar or er3r1rloyu o of cungrez, Iar aaa ring1aryalaa of a mare bov o r Vo tgraaas, I-n sIonnoot,lnn w tli cb- tairllllt mis pulsilaral 0;mh;aut, grant or any 195 lit. 200, App, III otywraward v5vwd. by 11 M52,MR.Ch tZ rmint allo dlwlam arty Jobbyllig Wh noll,Podeml rullft nnt taRos placo in con, awbIon with. obtmRIT.vg 4my . rodaral awajd. Stich dtsalagurm srufarw3rded Uarft Wx to Igor ap to the noi)1 edm, i %wna, M so M,922 Vivamr(MoDt of roomrod natartala, A,PPRNi):rx ILI *ro PA.Frr 200—IN.Dwa-T (MA) Cowis IDmN,I,.TVX'A!11UN AND A ssiaN.MRNT,.AxI:) RAjF, Dx!PKxm1NA- TION FUR WWRTUTTOMIS of Mmum RuwxvMN A., GRMIMAI, ThAS Ap.pOndl% 131VAlidW Wtsr.11 For ldantl- f,ving and comptiting tll(Urcwt (br indwwt (YMA)) rabm itt UM5 (ImMituMons). Indiract fl1'&A) umt�s a" Mom Oat area mourred. for vmmmm or jamb objactive% and thrprafora vannot be ldontArlad roadlly m.d wUh a jmrUotgav spowwrod MoSom, am In- str=Vorml xOtivivy, or any other ITUrUU1. MUM actUvItY. S(m 291%mU011 U,l, Dofiffl- Uon of APUMVis and AafffinlWaatIon, for ii dismsslan of the oomponw.0 ;of Iludiract CF&A) mile;. 1, M(ddv Pgavcuans of (m hi."Itudan (Cofer.} to Im.stramom., orrantmd mmrob, atbor aponsiored aoUvition and offisr muUtu, Winn,]. MLIVAIA)s A8 Wined in tbir, wUlam, a, Instruciffm nmang Llw teadling and or aa I%Moept for trwWw" 4as pwidad III mlr- wotlon h, thfia towns M111wM4 all WAMIng %ad trRinfugg mAilyttAws, whoUiar Qwy axo offerod flor credft- wward a dagum OT. vertifftxw or aft & non-UrImM hasl% md. 'Wh4ther flwy wg offorod. thrOlIgIl rogular mam dic dkmart. M411W 4)], a€Tpwaw dIvIslans, SIMI an a sum- Tnzv W11.061 divivialt olf an ext4amstall dlvbdan. Aj, , O cmadgtw put of Pam 11104or runcucm ani d(4puimenUl miftrch, mad, wlwa mood JR,: anivarsity rmpArcb.. (1.).SOnwed inVP.uMm and ImIln$" m8axim ,Wilflc InArnablOTIM or tea nlngf wiitfvi> y W tAWDIIINJ bY gr=t. e0lPtMOt, Dr WXV.oratwo &&,rwmimA, V ar Vurpo= of Um Lo 4 P1.111- galp1m, thW MUIVIty T.mv bra conwaarm. a motor" runctIon ma tboisgh an ImMutifin's accounulig troftlATImilt may 1holudo It In the iftstractIOT1 ffillou", (2) DaWn"Ima.cal mmirph m4nns Irwo-mroji, ,wvw,Tpwe,a ana rszfttrl arly aaptivitio ilmt are Doti m,ganimbi rmmroh Pnd, €#On- mquemily, are not mparmtAofy budptAd and AUGOUIAMI flea;, W.jM3'tTTI*TIUd rrwsearch, for plarpmos of thin dmumomit, Is not awwdarqd xs a nwdor fimUlon, bob kv, apvrt, of On In- 1atmcti on ranat;jvp Of. thq Imidtaitwn, 1). OvatiftwJ rowwwh momis alt rosmah and deinlopmunG &cUM-las of an InstAcatIou yin mv miwavwe invwawa &w. acwaawd ray. It I.M0111:11w, 57 2 CFR Cb. 11 (1-1-14 Edition) (1) 4100-wred raga m-h Imms M moarch and dovelopmont atMvIlile, that no spon- anvol tv Ywilml And ncm-JWAl,Aj avallolm AMfl Wrm in(Aala,ciivl„ Giv., lnvDjvlllg (ho tmilling of 2ndivicillain III mz,eiamt Wftlqsm (t*mmuily mHed m. roarob tWnlflp�Fl wh"a vmh uctivit1w utllfw W2 mmo NWIIJUS m OthOT, z^nnmrrh and do • V610p71'i'iant XWOUvi and W)praa Unch act4vi. UJM are ]lot 13IQ)Uftd IN L116 Jn9tMCtjOjJ %110- W011. (2) Umoww" 7amairch nmm all rnmrok wl dayfilopmant, RoUvfljmt QW; wro ww, ts*0y lymkiated awl accomiUd for by [Am In- 80 W14 IMI UndOr all I WArIl a I Klypi kaj;j RTI Of ljj, r.tatkalorial himdN, Uid va f-sity rmoarvit, ka- �hlrpwoN of 111.z dooiamant, mEtst bo cam- rponsom.d rpsmra widor 010 Muction of organmi mwarvin, as. 0aw.3pans md 0i,0004w nsomis progmm's 11'ad urojeow; flamed by Yodmal aW non. FadmU Woncloi and orgmilutient; w.Mub W volyn Chn porformirw oP work other thm ln- MmdAim and orgoanized Tvward), RxampJ " of mfoh jm%mmim wid. projnots uc bimlbb soli ico projoas "d commullIty s#.vvMU pra. efams, Howover, whaq anv U Wow a01ri 0t1t6 rWO, 1111fler1'dmkm by Cho DmWtnUmi wffliout WMIlde Mvport, thew may be dimmiewl m 00mr ImIAULUorial aGtivitaki, d, 00ter ImU(lalumd (WIVIdURs MwIM all ac- UVItIM Of XTI iUHWWfJQ1I eXDOL% TAM 11MLM, taffli, vemmwdv, argantwil re- BR.ArDh, Md. Oth Or SPUM;0" -TRUCIVIUMS, 00 4,0 ftsd in MIM SOMOM Inctiroot UWA) coat ac- UvItilm W(mbiftcd M thhot AppordIx parq- grmpb 14, ld,mtMmWau and Rarlgamnat of tv- dWaot (WzA) uomti; and opwLillyod sarvWmi fautbmw kralbM in f2W,40 srsrvj*D fW11 Clue, of Wa ParL. 22maples or. oLhor IrWW'"lumal AcLI,%t%w mejudo OPOMUOR of vvridgar'o dlnl.w ftod (11111cs, H(adant Ulilow", N),AMW1w, housing, Nhidolit gyuml, phapels, 41iWmm4 palffle musimm, arLA Wier aOfflflkl� aUX11181'Y 1110111M,113V also inchimar aiy M,har, CA4401'W, Or. OAAWt. U01% OQaft Of WITIbb Sfe "URRUDWINO" tea 1"IMIRMI. XWVC1,% 1r11IMS DtIMM1.90 1UdI0AtQC7 I a an awaro. .2. Gvwla ,%, 1how, psrtcet. A haw pamod for dm,imlm- Ujan (W lmd1rett (P&A) oofti Is lh.o jvjod 411ring whifli %% conga A" Wcurrod, 'llig Wo paoDd normally -Aw-1d owncide w3th W10 (mal YOw Mlawmhad 1ry the ImWittion, blaf, III e-0y wmt thaw LRM period. Rhould 11�1,w infooted 4'a be avoW Imclultilez In the dis, tributlim or vmdz. b. Notal for dxvi provmftga� Thp ovarall oli. jim2w or tho indir"t JMA) promm I'd to dIstribUo thtl Andirvut (P&Al OOKU dlmlt�m M sm%IUD ll, iaiurltttialratdelaa w1d amIgnmont of MdEwt (MA) m", to 106 DIVISION OF E Ron DeSantis Governor STATE OF FLORIDA MERGENCY July 22, 2020 Mr. Gerald Kurtz Principal Project Manager Collier County 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 MANAGEMENT Jared Moskowitz Director Re: Project # 4337-378-R, Collier County BOCC, Freedom Park Drainage Project, Phase I Dear Mr. Kurtz: Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract number H0452 between Collier County and the Division of Emergency Management. Please email all Requests for Reimbursement (Attachment D) to the project manager at Alicia.Trawick@em.myflorida.com. The Project Manager for this contract is: Alicia Trawick, Project Manager Florida Division of Emergency Management 2702 Directors Row Orlando, Florida 32809-5631 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Ms. Alicia Trawick at 850 815-4540. Respectfully, Digitally signed by Miles E. Anderson Miles E. Anderson .- cn=Miles E. Anderson, o=DEM, c Mitigation, eail=Miles.anderson@em.myflorida.a.com, c=US Date: 2020.07.22 16:13:49-04'00' Miles E. Anderson Bureau Chief, Mitigation State Hazard Mitigation Officer Enclosure MEA/mya DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Agreement Number: H0459 Project Number: 4337-379-R FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass -through entity considers a contract." As defined by 2 C.F.R. §200.74, "pass -through entity" means "a non -Federal entity that provides a subaward to a Sub -Recipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass -through entity to carry out part of a Federal program," As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non - Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity." As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass -through entity to a Sub -Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass -through entity." The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub -Recipient's name: Collier Cou Sub -Recipient's unique entity identifier: Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass -through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub - Recipient by the pass -through entity Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass -through entity: Contact information for the pass -through entity: Catalog of Federal Domestic Assistance (CFDA) Number and Name: Whether the award is R&D: Indirect cost rate for the Federal award: 596000558 FEMA-DR-4337-FL February 4, 2020 Upon execution through May 31, 2021 $66, 000.00 $66, 000.00 Drainaae. Phase I Federal Emergency Management Agency FL Division of Emergency Management Mike.Lalbachan(a).em.myflorida.com 97.039 Hazard Mitigation Grant Program NIA NIA THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Collier County, (hereinafter referred to as the "Sub -Recipient"). For the purposes of this Agreement, the Division serves as the pass -through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub -Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub - Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. i. Monitor and document Sub -Recipient performance; and, ii. Review and document all deliverables for which the Sub -Recipient requests b. The Division's Grant Manager for this Agreement is: Mr. Mike Lalbachan Project Manager Bureau of Mitigation Florida Division of Emergency Management 2702 Directors Row Orlando, Florida 32809-5631 Telephone: 850-815-4571 Email: Mike. LalbachanCcDem.myflorida.com c. The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement is: Mr. Gerald Kurtz Principal Project Manager Collier County 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 Telephone: 239-252-586 0 Email: gerald.kurtzCa)colliercountyfl.gov d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 3 (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORT{ The Sub -Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (8) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall end on May 31, 2021, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F. R. §200.77, the term "period of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309, the Sub -Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." In accordance with section 215,971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. IGNIO IADMIN a. This is a cost -reimbursement Agreement, subject to the availability of funds. b. 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 either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub -Recipient only for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $66,000.00. d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally, bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any 4 false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment A, that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub -Recipient "relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation —personal services") and 2 C.F.R. §200.431 ("Compensation --fringe benefits"). If the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: awards; and, They are provided under established written leave policies; The costs are equitably allocated to all related activities, including Federal iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non -Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $1 1 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10) RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not Iimited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F. R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) years from the date of 11 submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement: If any litigation, claim, or audit is started before the expiration of the 5-year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass -through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass -through entity, the 5-year retention requirement is not applicable to the Sub -Recipient. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286,011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC O--A(- RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11) AUDITS a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 G.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -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 Division has notified the Sub -Recipient of such non- compliance. e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. f. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 G.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collecttddeindex.html E G h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12) REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than fifteen (15) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The close-out report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub -Recipient shall provide additional reports and information identified in Attachment F. (13) MONITORING a. The Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. b. in addition to reviews of audits, monitoring procedures may include, but not be limited to, or -site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the 10 Division. In the event that the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. (14) LIABILITY a. Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and, as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, 11 d. The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. (17) TERMINATION a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. 12 b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub -Recipient with thirty (30) calendar day's prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub -Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (18) PROCUREMENT a. The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix I I to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"), b. As required by 2 C.F.R. §200.318(i), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub- 13 Recipient. While the Sub -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: paragraph (17) above; and, solicitation. Terminate this Agreement in accordance with the provisions outlined in Refuse to reimburse the Sub -Recipient for any costs associated with that e. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non -compliant, then the Division may: Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract. f. The Sub -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 Sub -Recipient harmless 14 against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. g. As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." h. As required by 2 C.F. R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: business; companies; contracts; equivalent; i. Place unreasonable requirements on firms in order for them to qualify to do ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated iv. Execute noncompetitive contracts to consultants that are on retainer V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. j. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. k. The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. I. For each subcontract, the Sub -Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 G.F.R. §200.321 15 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). (19) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A — Budget and Scope of Work iii. Attachment B — Program Statutes and Regulations iv. Attachment C — Statement of Assurances V. Attachment D — Request for Advance or Reimbursement vi. Attachment E — Justification of Advance Payment vii. Attachment F — Quarterly Report Form viii. Attachment G — Warranties and Representations ix. Attachment H — Certification Regarding Debarment X. Attachment I — Federal Funding Accountability and Transparency Act xi. Attachment J — Mandatory Contract Provisions (20) PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest - bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement 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. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division 16 to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division. (21) REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or 17 consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f, Any Sub -Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that It and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; !I. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Ill. 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 (22) f. ii, of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. h, In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each intended subcontractor which Sub - Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. j. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount, k, 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" )j. 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 Sub -Recipient of the employment provisions 18 contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. m, The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, (23) LOBBYING PROHIBITION activities. a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c, No funds or other resources received from the Division under this Agreement maybe used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d, The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Reoiplent shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." 19 iii. The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. iv. 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. (24) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. a, If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b, If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub-Reciplent shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists, The Division shall then, under Paragraph (24) b,, have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004,23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions, The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted 20 or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. (25) LEGAL AUTHORIZATION The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement, The Sub - Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub - Recipient to the terms of this Agreement. (26) EQUAL OPPORTUNITY EMPLOYMENT a, In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause; During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin Such action shall include, but not be limited to the following; Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or 21 applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. Iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment, V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii, In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when It participates in federally assisted construction 22 work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub -Recipient further agrees that it will refrain from entering into any contractor contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27) COPELAND ANTI -KICKBACK ACT The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i, Contractor. The contractor shall comply with 18 U.S,C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. . Ill. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 23 (28) CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C, 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30) SUSPENSION AND DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R, § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180,940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt, 180, subpart G and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt, 3000, subpart C while this 24 offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31) BYRD ANTI -LOBBYING AMENDMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U,S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (32) CONTRACTING WITH SMALLAND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200,321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii, Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economicaliwfeasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of 25 a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (33) ASSURANCES Attachment C. The Sub -Recipient shall comply with any Statement of Assurances incorporated as 26 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. By: /41l/� ' Na4e and title: Burt L. Saunders Chairman Date: g r a 4'a020 FID# M-17409•»9111115•]:1L■7-1 Digitally signed by Miles E. Anderson Miles E. Anderson DN: c=Miless E. Anderson, o=DEM, a.c Mitigation, email=Miles.anderson@em.myflorida.com, c=US By: Date: 2020.07.22 16:20:20-04'00' Name and Title: Jared Moskowitz, Director Date: 07/22/2020 CRX AL K, KINZ CLERK Approved as to form and legality A#testAssistant County Attci y (�� r �" i\s t<` 5fgE1 11 nly. 27 (a EXHIBIT — 1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Manaclement Agency: Hazard Mitigation Grant Catalog of Federal Domestic Assistance title and number: 97,039 Award amount: $ 66,000.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities • Sections 1361(A) of the National Flood Insurance Act of 1968, 42 U.S.G. 4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264 31 CFR Part 205 Rules and Procedures for Funds Transfers Federal Program: Sub -Recipient is to use funding to perform the following eligible activities: Localized Minor Drainage Improvement Sub -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. 28 Attachment A Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to improve drainage along Upper Gordon River, in Naples, Collier County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-379-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub -Recipient, Collier County BOCC, shall conduct Phase I of this project, which includes the preliminary engineering designs and calculations, surveys, permitting, and notices. No construction activities are approved at this time. The Sub -Recipient shall complete the Phase I work in accordance with all applicable federal, state and local laws, regulations and codes. PROJECT OVERVIEW. As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to improve the drainage along the upper Gordon River Channel, located in Naples, Florida, Coordinates: (26.210833,-81.784167). The scope is for Phase I only, which includes but is not limited to surveying, engineering, design, plans preparation, permitting and bidding for the proposed project, for Phase 11 approval. No construction activities for this project have been approved. When completed, the Sub -Recipient shall provide deliverables for Phase II review of the following proposed activities. The Phase II proposed scope of work shall include reinforcing the riverbank, clearing exotic vegetation, dredging, and replacing rock weir with fixed crest concrete weir. The proposed project shall increase the capacity for stormwater to flow through the Gordon River to the receiving waters of Naples Bay and the Gulf of Mexico and reduce the flooding caused by the retainage of stormwater in residential and commercial areas. The project shall be designed to provide protection against a 25-year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. TASKS & DELIVERABLES: A) Tasks: 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the Phase I scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all areas in a neat and presentable condition. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. 29 The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed, The Sub -Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price, The Sub�Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub -Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub -Recipient shall monitor and manage the Phase I portion of this project in accordance with the Hazard Mitigation Grant Program application and supporting documentation as submitted to the Division and subsequently approved by the Division and FEMA. The Division and FEMA shall render a Phase II determination upon completion of the review of Phase I deliverables, No construction activities are approved at this time. The Sub -Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. Phase I consists of fees; for conducting surrey, drainage study, engineering, design, public notices, and/or permitting associated with the modification(s) needed to upgrade the drainage. Verification of upstream and downstream impacts shall be necessary for determining project eligibility, All Phase I work shall be completed in accordance with all applicable state, local and federal laws and regulations and documented, as appropriate. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation and provide a summary of all scope of work changes, if any. a) Two sets of engineering Signed/Sealed final design and analysis, surveying, and Hydrologic and Hydraulic (H&H) Studies. b) Construction Plans and bid documents. c) Revised cost estimate for Phase II — construction (include Phase I costs), to implement the design project. d) Design documents shall provide a detailed description which includes specifics on project scope of work, depth and extent of ground disturbance at all construction locations of the project. e) Color maps including topographical, aerial, and ground disturbance. f) Color photographs of the project area and areas of ground disturbance. g} Copy of all environmental permits or applications; any obtained from the Florida Department of Environmental Protection (FDEP), and/or local Water Management District (WMD) shall be required. Any conditions for compliance shall be included in the final design plans, narrative and project implementation actions. h) Copy of the United States Army Corps of Engineers (USACE) permit or No Permit Required notification. i) Any other documentation requested by the Division, not limited to Project Conditions and Requirements herein. 3) During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete 30 prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Direct Expenses: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third party in -kind services, if applicable, shall be conducted by the Division in coordination with the Sub -Recipient. Quarterly reports shall be submitted by the Sub -Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub -Recipient shall submit to the Division requests for reimbursement of actual Phase I costs related to the project as identified in the project application and this scope of work. The Requests for Reimbursement (RFR) shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub -Recipient's Request for Reimbursement shall include the final Phase I project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. 31 B) Deliverables: Mitigation Activities consist of Phase I activities, which include engineering, designing, plans preparation, permitting and bidding for the proposed project, for Phase II approval, and to implement measures to improve the drainage along the upper Gordon River Channel. The designed project shall provide protection against a 25-year storm event. Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering; 1) The Sub -Recipient shall submit signed and sealed Engineering plans that clearly show the engineer's estimate of the pre and post -mitigation effects of the proposed project and the relationship of the damages to be mitigated (commensurate with the level of funding requested). The H&H study shall contain at least 3 scenarios, where one represents the level of protection; under each scenario, the Sub -Recipient must identify the losses before and after mitigation (structural, content, displacement, road closure duration, or any other needed to show the improvements after the mitigation project is implemented). This Includes, but is not limited to, the existing and proposed hydrology and hydraulics for the level of event being mitigated. 2) Demonstrate mitigation effectiveness, in part, by showing the physical location(s) and elevation(s) of the infrastructure/structures that are being damaged and FEMA Special Flood Hazard Areas on the same plan. 3) Submit a refined cost estimate, to include final Phase I Fees and Phase II Construction Materials and Labor. D) Environmental: 1) Any change to the approved scope of work shall require re-evaluation for compliance with NEPA and other Laws and Executive Orders. 2) Acceptance of federal funding requires the Sub -Recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. 3) Meet all required Environmental laws and policies, and all necessary Environmental compliance documents shall be obtained as applicable. a) United States Army Corps of Engineers (USACE): Consultation with the USACE is required. A permit or No Permit Required shall be submitted. b) Copy of all environmental permits or applications; any obtained from the Florida Department of Environmental Protection (FDEP), and/or local Water Management District (WMD) shall be submitted. Any conditions for compliance shall be included in the final design plans, narrative, and project implementation actions, 4) Historical Preservation compliance documents shall be obtained. Review documentation required: a) Color maps including topographical and aerial with the project location clearly marked. b) Color photographs of any area with ground disturbance (electronic). c) Indicate if project site is located within a designated historic district or historic neighborhood. 5) Tribal Consultation shall be required for proposed ground disturbing activities. The following documents shall be required and submitted as part of deliverables: 32 a) Color ground disturbance maps showing the full extent of the project footprint and depth of ground disturbance. Geographic latitude/longitude (decimal degree format) of the proposed construction areas and staging areas. b) Previous and current use of proposed project area. c) Any known site work or historic uses for the proposed location. d) Any available studies that may have taken place on the property. 6) Phase I of this project is approved with the condition that the above list of deliverables shall be submitted for review and approval by the Division and FEMA before Phase II is considered. 7) No construction work may begin until Phase II is approved by the Division and FEMA. E) Programmatic: 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub -Recipient must notify the Division 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 costs or earlier completion. 3) The Sub -Recipient must 'obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 4) Phase I — Design of this project is approved with the condition that the enclosed list of deliverables shall be submitted, 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA before Phase II — Construction is considered. a) A Public Notice shall be published to notify interested parties of the proposed activity. Notices shall be published in a manner that anyone that may be affected or interested in this project has access to the posting, using the Division template, as applicable. 6) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted, along with substantiation of new expiration date and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 7) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 8) When completed, the Sub -Recipient must provide 100% completed designs, calculations, complete signed and sealed plans and, permits for a Phase 11 review. A final BCA using developed technical data and study results will be necessary. No construction activities for this project have been approved. 9) The Sub -Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. 10) Per FEMA Hazard Mitigation Assistance Guidance Part VI, D.3.4 — Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re -budgeted to another direct cost category and identified. Post -award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. This Is FEMA project number 4337-379-R. It is funded under HMGP, FEMA-4337-DR-FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4337. 33 i - FEMA awarded this project on February 4, 2020; this Agreement shall begin upon execution by both parties, and the Period of Performance for this project shall end on May 31, 2021. F) FINANCIAL CONSEQUENCES: If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub -Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub -recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. Schedule of Work Phase I -- State & Local Contracting: 3 Months H & H Study: 3 Months Engineering Design Specifications: 6 Months Permitting 1 Survey: 2 Months Deliverables Submitted for Phase 11 Review: 1 Month Total Period of Performance: 15 Months 34 BUDGET Line Item Budget* Project Cost Federal Share Non -Federal Share Materials: $0.00 $0.00 $0.00 Labor: $0.00 $0.00 $0.00 Fees: $88,000.00 $66,000.00 $22,000.00 Initial Agreement Amount: $88,000.00 $66,000.00 $22,000.00 ***Contingency Funds: $0.00 $0.00 $0.00 Project Total: $88,000.00 $66,000.00 $22,000.00 *Any line item amount in this Budget may be increased or decreased 10% or less, with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. *** This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part VI, D,3.4 — Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re -budgeted to another direct cost category and identified. Post -award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required tho use of contingency funds. Project Management costs are included for this project in the amount of $0.00 Funding Summary Federal Share: $66,000.00 (75.00%) Non -Federal Share: $22,000.00 (25.00%) Total Project Cost: $83,000.00 (100.00%) 35 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 Assistance Guidance- February 27, 2015 Update; and (5) All applicable laws and regulations delineated in Attachment C of this Agreement In addition to the above statutes and regulations, the Sub -recipient must comply with the following: The Sub -recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with 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. The Sub -recipient shall not deviate from the approved project and the terms and conditions of this Agreement. The Sub -recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Sub -recipient and any land use permitted by or engaged in by the Sub -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 Sub -recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land use permitting authority, where required. The Sub -recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. The Sub -recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then the Sub -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; 36 (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 designed open space; b. a restroom; or (3) A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; (4) After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and (5) If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44 CFR 206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Sub -Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. As a reminder, the Sub -recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and local Governments: (1) For Construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need for additional funds" (44 CFR 13(c)); (2) A change in the Scope of Work must be approved by FEMA in advance regardless of the budget implications; and (3) The Sub -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 sixty (60) days prior to the project expiration date. The Sub -recipient assures that it will comply with the following statutes and regulations to the extent applicable: (1) 53 Federal Register 8034 (2) Federal Acquisition Regulations 31.2 (3) Section 1352, Title 31, US Code (4) Chapter 473, Florida Statutes (5) Chapter 215, Florida Statutes (6) Section 768.28, Florida Statutes (7) Chapter 119, Florida Statutes (8) Section 216.181(6), Florida Statutes (9) Cash Management Improvement Act of 1990 (10) American with Disabilities Act (11) Section 112.061, Florida Statutes (12) Immigration and Nationality Act (13) Section 286.011, Florida Statutes 37 (14) 2 CFR, Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (18) Omnibus Crime Control and Safe Streets Act of 1968, as amended (19) Victims of Crime Act (as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (21) Subtitle A, Title it of the Americans with Disabilities Act (ADA) (1990) (22) Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and Part 39 (23) 42 U.S.C. 5154a 38 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the Sub -recipient certifies that: (a) It possesses legal authority to enter into this Agreement and to carry out the proposed program; (b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandings and assurances contained in it, and directing and authorizing the Sub -recipient's chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of the Sub -recipient or its designees or agents, no member of the governing body of the locality in which this program is situated, and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Sub -recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above; (d) All Sub -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 Sub -recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Sub -recipient. Any cost incurred after a notice of suspension or termination is received by the Sub -recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Sub -recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work -week. (f) It will comply with (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub - recipient received 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 Sub - recipient, this assurance shall obligate the Sub -recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is 39 used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualifies 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 pay or other forms of compensation; and election for training and apprenticeship; (g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, Florida Statutes; (h) It will comply with the Anti -Kickback Act of 1986, 41 U.S.G. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; (i) It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; Q) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 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; For sites located within Special Flood Hazard Areas (SFHA), the Sub -recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Model Acknowledgement can be found at www.fema.govlgovernmenta/grantisfha_conditions.shtm (k) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Sub - recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (1) 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 500, 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 40 (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 entitles in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800. (4) When any of the Sub -recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency Management Agency (FEMA) may require the Sub -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 Guide lines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Sub -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) The Sub -recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation of footings and foundations, and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Sub -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 or archeological data from the property. If the Sub -recipient Is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". The Sub -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 fifteen (15) calendar days of receipt of the treatment plan, FEMA may direct the Sub -recipient to implement the treatment plan. If either the Council or the SHPO object, Sub -recipient shall not proceed with the project until the objection is resolved. (6) The Sub -recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result In a supplemental DSR or modify a 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, The Sub -recipient acknowledges that FEMA may require the Sub - recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Sub - recipient further acknowledges that FEMA may require the Sub -recipient to take all 41 reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. The Sub -recipient also acknowledges that FEMAwill require, and the Sub -recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property (7) The Sub -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, the Sub -recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse effect to occur. (m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686) which prohibits discrimination on the basis of sex; (n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C, 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (p) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto; (r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.G. 2131-2159), pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this Agreement; (s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U,S.C. 3601- 3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; (u) It will comply with the Clean Water Act of 1977, as amended, 42 U,S.C. 7419-7626 (v) It will comply with the endangered Species Act of 1973, 16 U.S.G. 1531-1544; (w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; (x) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (y) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; (z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.; (aa) It will comply with the Rehabilitation Act of 1973, Section 604, 29 U &C, 794, regarding non- discrimination; 42 (bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; (cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U,S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs; (dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.G. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; (gg) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666. (ii) With respect to demolition activities, it will: (1) Create and make available documentation sufficient to demonstrate that the Sub - 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 the Sub -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 Hazard Present b. Health Hazards Present c, Hazardous Materials Present (5) Provide supervision over contractors or employees employed by the Sub -recipient to remove asbestos and lead from demolished or otherwise applicable structures. (6) Leave the demolished site clean, level and free of debris. (7) Notify the Division promptly of any unusual existing condition which hampers the contractor's work. . (8) Obtain all required permits. (9) Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. (10) Comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 43 t.1 (11) Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857h), Section 608 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR, Part 16 and 61). This clause shall be added to any subcontracts. (12) Provide documentation of public notices for demolition activities. 44 Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS SUB -RECIPIENT; Collier Cou REMIT ADDRESS; CITY: STATE: PROJECTTYPE: Drainage, Phase I PROJECTM PROGRAM: Hazard Mitigation Grant Program CONTRACT #: APPROVED BUDGET: FEDERAL SHARE: ADVANCED RECEIVED: N/A AMOUNT: Invoice Period: To ZIP CODE: 4337-379-R H0459 MATCH: SETTLED? Payment #: Eligible Amount 100% (Current Request) Obligated Federal Amount 75% Obligated Non- Federal 25% Division Use Only Approved Comments TOTAL. CURRENT REQUEST: $ By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Tftle 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812. SUB -RECIPIENT SIGNATURE: NAME / TITLE: TO BE COMPLETED BY THE DIVISION APPROVED PROJECT TOTAL ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED APPROVED FOR PAYMENT 45 DATE DATE: SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE, HAZARD IVITIGATION ASSISTANCE PROGRAM SUB -RECIPIENT: Colller Countv PAYMENT #: PROJECT TYPE: Drainage, Phase I PROJECT #: 4337-379-R PROGRAM: - Hazard Mitigation Grant Program CONTRACT #: H0459 REF NO2 DATES DOCUMENTATION 4 (Check) AMOUNT ELIGIBLE COSTS 100% 1 2 3 4 5 6 7 8 9 This payment represents % completion of the project. TOTAL. Recipient's internal reference number (e.g., Invoice, Receipt, Warrant Voucher, Claim Check, or Schedule #) s hate of delivery of articles, completion of won( or performance services. (per document) 4 List Documentation (Recipients payroll, material out of recipient's stock, recipient owned equipment and name of vendor or colatrartor) by category (Materials, Labor, Fees) and line item in the approved project line item budget. Provide a brief description of the articles or services. List service dates per each invoice. 46 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT; Collier County If you are requesting an advance, indicate same by checking the box below. [ ]ADVANCE REQUESTED 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. If you are requesting an advance, complete the following chart and line item justification below, PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for ninety (90) days. Submit Attachment D with the cost share breakdown along with Attachment E and all supporting documentation. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20,r Anticipated Expenditures for First Three (list applicable line items) Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line Item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense . projections, etc. to provide the Division reasonable and.nocessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term as evidenced by copies of invoices and cancelled chocks as required by the Budget and Scope of work showing 100% of expenditures for the 90 day period shall be returned to the Division Cashier, 2556 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance. 47 Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM Instructions: Complete and submit this form to the appropriate Project Manager within fifteen (15) days of each quarter's end date. SUE -RECIPIENT: Collier County PROJECT M 4337-379-R PROJECT TYPE: Drainage, Phase I CONTRACT #: H0469 PROGRAM: Hazard Mitigation Grant Program QUARTER ENDING: Advance Payment Information: Advance Received ❑ N/A ❑ Amount: $ Advance Settled? Yes ❑ No ❑ Provide reimbursement Projections for this project (projections may change): Jul -Sep 20 $ Oct -Dec 20_,,,, $ Jan -Mar 20 $ Apr -Jun 20 $ Target Dates: Contract Initiation Date: Estimated Project Completion Date: Contract Expiration Date: Project Proceeding on Schedule? ❑ Yes ❑ No (If No, please describe underlssues below) Percentage of Work Completed (may be confirmed by state inspectors): % Describe Milestones achieved during this quarter: Provide a Schedule for the remainder of work to project completion: (Milestones from Contract with estimated dates) Milestone Date Describe Issues or circumstances affecting completion date, milestones, scope of work, and/or cost: Cost Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget Additional Comments/Elaboration: NOTE: Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at anytime, Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions become known, otherwise you may be found non -compliant with your sub grant award. Person Completing Form: Phone: To be completed by Division staff Date Reviewed: Reviewer. Actions: 48 Attachment G Warranties and Representations Financial Management The Sub -Recipient's financial management system must comply with 2 C.F.R. §200,302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D--Post Federal Award Requirements —Procurement Standards (2 C.F.R. §§200,317 through 200,326). Business Hours The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: 8:00 AM - 5:00 PM, Monday Thru Friday, as applicable. Licensing and Permitting All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub -Recipient, 49 Attachment H Subcontractor Covered Transactions (1) The prospective subcontractor, , of the Sub -Recipient certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency, (2) Where the Sub -Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR By: Signature Name and Title Street Address City, State, Zip Date 50 Collier County Sub -Recipient's Name H0459 DBM Contract Number _ 4337-379-R _ FEMA Project Number Attachment I Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on federal awards (federal assistance and expenditures) be made available to the public via a single, searchable website, which is http://www.usaspenditio.gov/, The FFATA Sub -award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management ("FDEM" or "Division") must use to capture and report sub -award and executive compensation data regarding first -tier sub -awards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment Act of 2009, Pub, L, 111-6). Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a sub. award (Agreement) that obligates $26,000 or more in federal funds as described above. Please provide the following information and return the signed form to the Division as requested, PROJECT #: 4337-379-R FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $ 66 000.00 OBLIGATIONIACTION DATE: February 4, 2020 SUBAWARD DATE (if applicable): DUNS#: 076997790 DUNS# +4: 51 *If your company or organization does not have a DUNS number, you will need to obtain one from Dun & Bradstreet at 866-705-5711 or use the web form(http:flfedgov.dnb,comlwcbfcrm). The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: DBA NAME (IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY PARENT COMPANY DUNS# (if applicable): STATE ZIP CODE+4** CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): DESCRIPTION OF PROJECT (Up to 4000 Characters) Collier County proposes to improve the drainage along the upper Gordon River Channel, located in Naples, Florida, Coordinates: (26.210833,-81.764167). The scope is for Phase I only, which includes but is not limited to surveying, engineering, design, plans preparation, permitting and bidding for the proposed project, for Phase II approval. No construction activities for this project have been approved. When completed, the Sub -Recipient shall provide deliverables for Phase 11 review of the following proposed activities. The Phase II proposed scope of work shall include reinforcing the riverbank, clearing exotic vegetation, dredging, and replacing rock weir with fixed crest concrete weir. The proposed project shall increase the capacity for stormwater to flow through the Gordon River to the receiving waters of Naples Bay and the Gulf of Mexico and reduce the flooding caused by the retainage of stormwater in residential and commercial areas. Verify the approved project description above, if there is any discrepancy, please contact the project manager. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: 52 "Providing the Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 1, In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance (e,g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170.320; , (b) $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes ❑ No ❑ ff the answer to Question 9 is "Yes," continue to Question 2. If the answer to Question f is "No", move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 19813? Yes ❑ No ❑ If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at httpliwww.sec.govianswersiexocomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives", in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A; "Executive" is defined as "officers, managing partners, or other employees in management positions". "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value, This is the change in present value of defined benefit and actuarial pension plans, V. Above -market earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 53 TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL. YEAR (Date of Fiscal Year Completion ) Rank (Highest to Lowest) Name (Last, First MI Title Total Compensation for Most Recently Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: DATE: 54 Attachment J Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the required provisions. The Division provides the following list of sample provisions that may be required: 65 OMB Guldance (D) f3awt&--Dauo r Aot, as mnnneiod (alp i1.;s.C, 3111 41411). whon atiilklilv.1 by iarltlalral irIV g"rain 10rslatlan. all priIIria'a atonstrtlotioll cstyiltmow la oxoe" of VAN awamled lay rinrr $�tsdt�aal e x1.tl tlea .must Molude a prorlmon for @ti11 pll. atii * With than llttvi 7lacs a slot (40 U S.C. ,111141.44, Mid 3149-4311.9) as :suppleni€antWii by Dppal°tr11,ant of 1.Abor raalnlatfonaz (2P CM Isarf; 6, "Iabw- StmiilluAk; Frovtstons Alsgatt- rwttalci to flciBl xaa;t; C lvatilirrg JPedQJratll.v ']?I_ narto,O oaid tlsalAotl Gvnntaru€atiran'"p..In aa- caarda aim with thaa stataLe, elalrtGlxtalteip liiaBt lsa roq weal to pay wan7m, to laborer,. and Inaa- cl'mlmi zlG na, ra W nUE loss: thwu Ule pr+a%lalltng wlt,mr, spuaal§ %l i.1I a wagal dotorr1111 ation in adaa by foam Saiao3aatm,y of.1,Alsor, In addition, 13o.DIAS aztorr3 Hulot: taaa ruqulmd teas pay wapos not lwa� than onc'a a weak. £l"lto ltsltx-l'erlirrni ancity ra.ust; Place a ampy of Me laurrrtanitP1'1a- vakvung! wagry al litarirailtaiiraal Milled by filet I.Jo� fasr•ts pub of Labor in saarh rollci tal;lon, TM dalrrtrlivu to awfad a. oaurisr"14; or ;rubxaaarrlwaact 1lnw€t tea r.,onrtiYialicici ii:Iaasn tho aa. "Optaanc.a or. tl'iai %va a B I: rrx€anai i n.. `Cllaa eat tits must report. all srzWtod or vQportrad v11CtWsioiv; '(4) 0isl Fxs€ oral awarding agrwq. 'l h a contr.aea mint aMu Uicludo a pro*islmi for Lorrtpliaaioll writll tho C€1Ti€tlaraal "Au.tt.. Kwit ack " Anti 00 U'S'U' SLUs ': as nu rpist- I-fla atord by Dopai`i,niolit Of TANv :r%Y11lUUouF ("'r 01,711 Part, 3, "C ontmantrsi's and SO- uos Immitars on Pthlia ,holding ns 7'ia.4lie Wu & Plinanced Ira WhDlo or ID Part, by 1Luaw w, Oratsiln"s from tha Unitad Staatos".), The Aunt; Ilrarvlilkas Oat each cQntrav'tor €w Sulr- raolpiont mast be 3arolnttattad. from in€lua ug.. by ally ITlewri, any persasri arnlsl.ovad in thaa o omtructan, completion, or reopatr at pulsllc worlt, to glvii up &nv Iavt or the nmmpasarsa- tlan ftr W1110h :has or aho is 00orwiso alnotlr , The non--Fed€,ra1 1an.tfly nwst ropo t MI rrtts_ jvr'!I:tarl. nrr ro.3ri71 rAd. vtolationr to Ole Niioml a waanrvl i1i % gaiacly, (M coilt',r t work 110o.r.5 aaatrt :%.Mtv Standard.* Act (40 lt.S.G. 3701-7113). Fitt 0 splillcaabhe, all oontraotta awarded by We non • 1a'saai€. al ontity in csxi,asss of I1.iMl,df 3 tllrat m- vonlrir: Lho a mpl.oymaM or rnwhasuim or labor - ova Must maaltul€l tL Provlit]aair for cor8npllsliiw# wlth, ) 13.-S.f:1.1702 and 3fid1I, as sulalalrriansarltod by 3irsiaartxllcaut of IAbul, r *adcsilas.nn (29 €:.I'll. Part fr), 1.@aado r 40 U' S,C„ 3M or Min ik.iA, a?Aob 92Uubra,oly, must ho ratgvftrod to aloialIMU? law wrage% al' rlvao rncOiau.l€: and .taalioarasr on tibe basis of a sl'andia d work wa QL of =40 hora:rs. Work At ox oaf :Q6 :rataai,€lanrvl work wook in 1ao?Erinhm1ble provlalml bbat tluf ivorkctr is cunt, Parmted at a Mto of 11ot Ima t:]nm vno and a. hjdl't1-qvin the basin rattaa of Imy for allhours swiack ad taa 0=m of 40 houm in Vie work. WAX. '1IM ryxrlu.lratxr€MM Of 40 U.S.G. MUN Rro a pplicritaiti to coliiViactia n awairk a nd provid a that 110 laborer or rnecllan:le nmst be ro- clu.irat1 to Work In HurrEll:ldidingi or undor worlsiing condttAujis wlalcli are nmtanitaxy, lkaYn?S:V'tCior or rlii4l §roes. '1 bps a trP,alillreiT.iouts do rra t a,€i1rly to the prrrurMSKM or Quill l.lvl or 56 Pt, 200, App, II Sxiatorlak or arLiCIM tlydinaasrllg avvOlatale on tho 9bpau rnaCrket or oa ntr g for t'ra' mspor"- mtlola or tra,nsmiwion of Intol2ipaance, (F) IUL�hw' to 11"'O LIDAV HtTmho Untla r a Vorit-lraa or Agroomont. If tho 1!'edorai atwaiNl moat'z tltra doftnitlon aif "funftig €1 lrstalii ntt;" u.laciaar P MR, (a) Aud tbo r^owpia~u> or milvim1plont, awlaaha;�; W witor Into a contraab wital as =mjl tsS silIP&I r1r al or root€pruat, astgp� n1=0011 ragardi% Ml S1ub"'%Alrtlaln of Twit= tle". ' asnil nmont or ivarlaarrnanto 9af oxPwi- .11iautxl, tlaraa51opniontal. or Ixwsaa ,aah work laudgr that " ft mAlig the ra tjm- ant, car €sYtla€r4la1uiQM' ulwib cranr3JY 'writll torso r'aa1 quireti11tmlan aif W C.11111 P art OL, "Rightas Lo n- v,aat4om% Ma dA by .NI nywollt Organizations and Sivall Buatn= Flarmr UaPadoir aov6a€.IL %rlaalit avantGontrAOV Xnal caapot'g tiva Agxaami ntaa," mid any ii,1311saatlairilarlr S%mW 46:iiS lr,aausaai ]sy tflri awavdlay ayo=y. (tl) Gloa n Ale Apt (42 U,S,,G. 7401-7h' .1q,„ and alas ,Fwc ar°a f Witter :i'olkiLlort Control Act (33 1l .ia i ..1251g-] 3t^a}, arr4 alashn rsti 4a dn'l rest as rmd. sulaaranti of n rou.ntz in oxaxrm of $1M,M0 Twat; MIVAIri a4 .iarlovmloll flint rpaiulrau Law 1lsiai-r'ofiasaal atvarrrl to a mo to aarrxrllsly vntlr all arPPJIcarl)laa ta?ntl€erd r, 0111 M Or 1'eiiQlnr ti€rnz i �-n€od pimmurt Lo tlio Mr"= Ali, ML (TJ t},4,.G,. 701,-Ml.e3) all(] 09 Pas€ or"ai;1 fiat e I'aalllatrun GasraieM Act: «-z amoadust ( E)'VO.. 1.2014307). Vinld9tlwiq Ti itoty bo rr7jlaaa" to ii o Pedorai awrrdlnt age —nay alul thin Rogional CiOWD sal tiraa Etiyirer11r1s0111arl ial'83Ki7$I Uon A4 ganc (:1t111"ll:'), 1 3 hlcsrtcla-€ary �tandata and poiladin re- looting to onoro a1£f1flinnay vr11,1oh aarl y.. "'AIJcaol.In itlla SgaLe Marley cvlii;nrva tiion plan ttti€xd ',€u caa.ln'plla lico W1111 MW f7i:bt?'r¢,y P011C.'T and x?ln arrrva#7a11i Nut ai3 us.G. M.p., (1) Dotinrini€nt: arsti U";PM'iaan (8a€es6titsu4 Ordains =9 anal 83)...-A vonbraU award (Vaa4a 3 C pIt 41113.E 'MV44t not lava inMo 0 lrar- ilm 13astnia on l;haa govornlsnontwfda VlEoludad Pattlea List System in tho Sy st€m far -award .NlanSaotiv)nt €;SkM), in accoodmco rwitb Elm 011i iiltlaall IYi t 2 OUR M that 11nlx7chimiit RX14ctliaivo frr1'asr"; MAP (1l i-1''lt Prim iflttrl "comp,, 'p, 109) snarl iM (3 CPRkzti'9: 100 Comp" P. 2h), "',-dab rnaRnt; rtsiol SI1 Taili.a1ssn..^" 'Llrc Hxadtutaasl Paytim ' tat Svaotovt In 3ANT "Trios:, tho rl'Anim 6i pxrutas elebstrrad' aun- porclod, or oa ,hra'wlm € xolnrirsat by a €alnasi r, well as Imrtio'. dochuseal Inaligt to Under staat. ator.`y orra,Watoryaru't'17.invii;'y otll,,�r^ Uimx TO- "utive Or`&r.l3t 0. (J) Byrd Ant - Lobbying rirlisa dnwnt ( 1. U'S.G, 7 # ) Gasutraa liar, Ellat apply or 10 fiat~ airs award of $1,00,000 or mom Ma filaa that mdTll.;rad s,€aft1i93aatt;ion, Vhaah tior :esirblllei to U,e Mr r6tvvt4 th%t l.la will moat alml iV'w nrit; 'Iirled Foricral': a:Iallroprlrtbed .tur(.`l to lAV Any parrwrtl 01, orgran xttsan for tli llwauollilx or al'. taxrrlstlim to tl naLiinty an ofixratrr or tsmpla,yoo ar any ag%nvl y, at rsiaam:baar of tra7npow, cait'1€scar` oaraai ploy000fGonLrram''nv"rmlployor'oatat 1xx€lmho l of 110113I1°aa Ir1 a:*atnalrstiaav wit'11 ols- tatliri g Any ;Vvlixsaal uQ11traract, gvaat; Or aruv 15 Pf. 200F APP. III othar award covaNxj by 1,11 "52. F'R1111 tier xvt, %Dw dvivi%w any bubbling with 11011,1440fiftl AIMS 141ftt Deal N p1aC9 In 0011, ncx$lan with obimning ar# 14(iffrM awvd. Such disalosumi xro forwarded Crorn tier to Mal, up to Monon-Fladerm a.w&r(L (K) See §2W.222 Provitronialit of recovered matarlahL Axmmuix 1 11 ro PART 200--INDrUG"r (1'&A) COM'S IDEMPIPMATMN AND AffaiaNbMNT, AND RATH DETERMINA- ,.nm van ImTrurnoNs ov Hioanin RntyvAncxx (1HER) A. GKNWAI, Thla appendix PrOvIdwq ta-Itorla for Identi.- tyt111r auld Wrallatimy lndirot-t (or Indiroot (183A))',Pftkvm ab ITM(SnAlMitionr), Indireut (F&A) void3 aro thorax that; w-o liwarrml for common or Iamt objacf1vQa and 1'.Mrefor� cannol; be IdontflUd readily &M spMel.110Mly wltb. a parMular, tpo.Dsarad project, an In- stniatilanal aefavity, , or rui;y aLher ltuUtu- ttollal &AIVIty- See Subufle(ton B.1, .Dat` m- tion of FacilEttim an4 A*m1.n.jstmtloo, fat, a, dMaU11qo11 of (liar aompouants of 3asdiruo4 (P&A) Omits. 1. Maor Funrdwv't of in &Satutum Refeu, to Instruadon'. orr4m7nd Mamt'h' otbar spolienrod autivltlu.'; and Other lits:Utu- tjnw attiavita0A 4a danne'a In gibis soatton., a, histmIffne nloam; 010 taa°blnjg. and trMnIng aotivitim oran inwim tIX FjoAlit for vesoarch kLmining &q pravIAM. In subk w.obor b, this t;orm tnuludiks %11 teachinw and lia'xima uNim Al vi, whathor they are offered fav ijm to toward a dogvres or cartulcate or On MMOII-GrOalt bamis, o, ad whether they Are afrorod tbrough rap0ar autdcmile depaTl- Hlonts Or SOPA rate d1vtoon-S, Such Xra au..M.- war school divIglon or W1 aT.:UMeloo. dtVIS101.1 M,%� coWdarvil. part of Ms majorfineWo :� 14-V japartmontal rju�iwlj' and, wiwr- xWm I W, untvAnffly ramoaxvh, (I)SWwsorM famrufflan and fmhgMq inomt vM!1im- im-utmunnM Or U'Alning &utivity a-, WkbilsbM by 4,Tant, contract, or cooporauvo arr"-]Tlont' Fin, Purpo*08 of thl� cost plin- 01111.0n" W3 activity va" ba oonsiderod a ITUOUr AMUOU Oven though an Innutlition,ft mxotbiddup ft(WAnuitt may M.Wudo it ai. thu fullamon, irestitirch mumv T.Pimazch, and 1'.Cholfirly AxAlvitlW1 that SW Wt OrgRMIZAX1. rMOUVJ1 AnA, PAn, .W.4juantLy, are nob saparf.AAIV builgatA(I "a WCOUITUNI YIXP, M. P%lLM*TdAt1 rVJq&NQ%'h. for PLIT'Posw of this dourn;)Ut' m not cartw(If"red x" a major fulwWon' but as a P".t of the in- r#trvwliou function of t;bji InstKution. U. Orvanwvd TenpulLc* lno= all. roma'ah 'Wd (10WRIPMOnt aCtITWO.' Of fl.11 1113titUbIOD that are wpivatoly budgeted mid ac=untod Aw. Wincludua. 57 2 CFR Ck 11 (1-1 -14 Mon) (1) '4.yPrj1LvWMI rAKUnfii nleam; all ros(Well and devefopmevt aktivitiaa tnt. av2 ipon- :.Mm. IV 1"Odgr&I aDd n(M-Padond figanvim aoa1 lwgaalz'Un % Thts term I'll nludms MUvi- CIP's InvDIVIng tlko tMinlag of Indivikillair in I'Mmirab VZ1zfIqL1Nn (va,mmonly calad ro- stlmvll izalullig),whoro .kWh UrAvAleft ufflUa tho s3mio &0110om m othor rosoarch aiO dO- volopnient a01VU1W W WhUG ZJoh Rr'Vvj_ tln aria ajit'inck4ad in tbo vmtrwi3oa Amv tion, (2) U-Vvt=tey Towav'h MM4 R41 1'"Mroh antl dqvatopmont RoWvtt'W11131, a1v ratt badvtod awl wwountA fox day MAVAlAia in- IDU tindor an or In- etAU14(maj. Nnds' [1aftw—Its Mmearch, for nMRrpo�'Wq (it thts doe-willont" must, U.4 Com, led unto„ SPOIlrorflyl rowarah ulldet 3j1q Wnc,tloa of organuml ro,,*areh, q, 00W ,rpoamrpd aelf Witim r1mils PrograDIS AMIJ projoDt_' finallaod hy Rider"Ll aad nov- Fedora U!RDUM am] orty"Intiorm Wbich In- vo Iva 1.ba perforinaftee of work other Umlr- xtraotlotl. and org!aou%ad rodevult. Examplet; ofSuet jwo$ranw "d pTvjil&_ are bvalth and commwllty Sam" jmo- grams, 55WOU"r, Wiler any!'af Plow MbAtiog ana uivlortakan by Um ln&MaLlon wMinat ont,olfo Ralpmrt' Qwy iVrky bo (*mINUI ae, o0lor lusOmAmW M';ivlt%q. d. ofh"Cir jWHNA(?0nW acffknfuRq nyvmw gill au UvItAes of an mq'ltufloll 0xv4pt for 1T3ftk1v- t4on' dmrtrflantNl rffiwab. orquilzed re- nvAreb, and other RpotmDrefl anlvltic. as dia- fined Ui till s sootlanlafteot (P&A) voA iw- Nvitlei Idontifiod in Ws AppoMix prit- 0'.'Aplt E, PlimWilod4oa at, P's,110I.Maat of in- diroob (P&A) ev=v and ajpaciaftAd swvi.(xd FAMM,m dkvvlbed tit §AC468 apwlaJiM auvino Pkalltlur' Of t131a VAlt, lkcaarplioj of other imUtutional wiavillos tnclule upaitabom of rrawdoxw halls, dinlnW 1'2&AA' .1101PlUaa shaft iAinlih', Utudont villas" b001KqWr6E?, 1altA211,7 houmn' Audari, guomt bou.NN, ohaiWa, bbov't'nrr, PON) rnimetim'k RTW 0,11W Ono lmwl X11 IOly 0r0'QrPrl"U_m' 113lx 41(fti Non ahic laoludma any rAM, a0,PRcrjPA of Iwtwvl- LUZ, aost� V W111g7h are "Uilafiowablo" to 14laor&I awarar, UnIms Qth�lrwlso ludloatvd Wall aw"vi. Z. Qnw.nu for WSUM140004 a. ft44� lwr;od. A Imsm: 1wriod Yor dl,,4ralm- 't (P&A) <X� '; 1�" thi� J)PI, ott Win or Indir(At, .1 during wbinh Uo mAn are marm.d. 'Pba lmparlod novnlafly ohould wimfdo with than 11wal y"r ostabIldhO by tbo Inatift] Nan, but In aiq ova nt dip kxaw jvilod�bould Im Yo SNO("i'm as to avola 1=11atter, in QQ dv� tMU0011 o? uosltq, b_.Nvrd_ for vot 0youpiwps. 'Jlws oycrall Oh- 3wflya or Ow Indwevt (.F&A) (,.o,,t allocaUmi pvocm is to dintvibuW Um Intbtmt (P&A) eonts q1v*Q41x-4 In Soction B, 1dQvtlLACPXtoa sand. moaIgumant of IndinwL (P&A) aa5l�, to 196 DIVISION OF E Ron DeSantis Governor STATE OF FLORIDA MERGENCY July 22, 2020 Mr. Gerald Kurtz Principal Project Manager Collier County 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 MANAGEMENT Jared Moskowitz Director Re: Project # 4337-379-R, Collier County BOCC, Upper Gordon River Channel, Drainage Project, Phase I Dear Mr. Kurtz: Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract number H0459 between Collier County and the Division of Emergency Management. Please email all Requests for Reimbursement (Attachment D) to the project manager at Alicia.Trawick@em.myflorida.com. The Project Manager for this contract is: Alicia Trawick, Project Manager Florida Division of Emergency Management 2702 Directors Row Orlando, Florida 32809-5631 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Ms. Alicia Trawick at 850-815-4540. Respectfully, Digitally signed by Miles E. Anderson s o n DN: cn=Miles E. Anderson, o=DEM, ou=Mitigation, Miles E. A n d e r email=Miles.anderson@em.myflorida.com, c=US Date: 2020.07.22 16:19:33-04'00' Miles E. Anderson Bureau Chief, Mitigation State Hazard Mitigation Officer Enclosure MEA/mya DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Agreement Number: H0469 Project Number: 4337-36'i-R FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass -through entity considers a contract." As defined by 2 C.F.R. §200.74, "pass -through entity" means "a non -Federal entity that provides a subaward to a Sub -Recipient to carry out part of a Federal program." As defined by 2 C.F.R. §200,93, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass -through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non - Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity." As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass -through entity to a Sub -Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass -through entity." The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub -Recipient's name: Collier Cou Sub -Recipient's unique entity identifier: Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass -through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub - Recipient by the pass -through entity Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass -through entity: Contact information for the pass -through entity: Catalog of Federal Domestic Assistance (CFDA) Number and Name: Whether the award is R&D: Indirect cost rate for the Federal award: 1 596000558 FEMA-DR-4337-FL January 7, 2020 Upon execution through April 30, 2021 $112.500.00 112.500.00 $112,500.00 Drainage, Phase I Federal Emergency Management Agency FL Division of Emergency Management Mike.Lalbachan2em. myfSorida.com 97.039 Hazard Mitiqation Grant Proqram NIA NIA THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Collier County, (hereinafter referred to as the "Sub -Recipient"). For the purposes of this Agreement, the Division serves as the pass -through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub -Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub - Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 2 vi. A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. i. Monitor and document Sub -Recipient performance; and, ii. Review and document all deliverables for which the Sub -Recipient requests b. The Division's Grant Manager for this Agreement is: Mr. Mike Lalbachan Project Manager Bureau of Mitigation Florida Division of Emergency Management 2702 Directors Row Orlando, Florida 32809-5631 Telephone: 850-815-4571 Email: Mike, Lalbachan(�em.myflorida.com c. The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement is: Mr. Gerald Kurtz Principal Project Manager Collier County 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 Telephone: 239-252-5860 Email: gerald.kurtzOcolliercountyfl.gov d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 3 G (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK The Sub -Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (8) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall end on April 30, 2021, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309, the Sub -Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING a. This is a cost -reimbursement Agreement, subject to the availability of funds. b. 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 either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub -Recipient only for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $112,500.00. d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any 4 false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment A, that clearly delineates: The required minimum acceptable level of service to be performed; and, The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215,971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub -Recipient "relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation —personal services") and 2 C.F.R. §200.431 ("Compensation —fringe benefits"). If the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: awards; and, They are provided under established written leave policies; The costs are equitably allocated to all related activities, including Federal iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non -Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and, Participation of the individual in the travel is necessary to the Federal award. i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10) RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F. R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report, The following are the only exceptions to the five (5) year requirement: If any litigation, claim, or audit is started before the expiration of the 5-year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken, ii. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass -through entity to extend the retention period. M. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass -through entity, the 6-year retention requirement is not applicable to the Sub -Recipient. V. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value, e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable, f. As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011. Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements; (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of. its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf, Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection, The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11) AUDITS a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b, In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)," c. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"), As defined by 2 C.F,R, §200.50, GALAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -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 Division has notified the Sub -Recipient of such non- compliance. e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473," The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. f. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 G.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEM Single_Audlt@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester,census.gov/fac/collect/ddeindex.html h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12) REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than fifteen (15) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The close-out report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub -Recipient shall provide additional reports and information identified in Attachment F. (13) MONITORING a. The Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the 10 Division. In the event that the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks, (14) LIABILITY a. Unless Sub -Recipient is a State agency or subdivision, as defined in section 768,28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and, as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768,28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768,28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes, Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub-Reclpient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading In any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division; c, Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively; a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein; Agreement; b. Begin an appropriate legal or equitable action to enforce performance of this c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, H. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, ill. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fa ils to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. (17) TERMINATION a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. 12 b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub -Recipient with thirty (30) calendar day's prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement, d. in the event that this Agreement is terminated, the Sub -Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub-Reoipient will cancel as many outstanding obligations as possible, Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient, The Division may, to the extent authorized by law, .withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (18) PROCUREMENT a. The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). b, As required by 2 C.F.R. §200,318(i), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement, These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200,320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within three (3.) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200,326 as well as Appendix 11 to 2 C.F. R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub- 13 Recipient, While the Sub -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, H. Refuse to reimburse the Sub -Recipient for any costs associated with that solicitation. e. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200,320(a) or procurements by small purchase procedures pursuant to 2 G.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix 11 to 2 C.F,R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms, If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above, If the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non -compliant, then the Division may: paragraph (17) above; and, subcontract. Terminate this Agreement in accordance with the provisions outlined in Refuse to reimburse the Sub -Recipient for any costs associated with that f. The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (li) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless 14 against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. g. As required by 2 C,F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts," h. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: business; companies; contracts; equivalent; i. Place unreasonable requirements on firms in order for them to qualify to do ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated iv. Execute noncompetitive contracts to consultants that are on retainer v. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract If that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference whenprocuring commodities or services under this Agreement. j, The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 G.F.R. §200,320(c) as well as section 287.057(1)(a), Florida Statutes k, The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. I. For each subcontract, the Sub -Recipient shall provide a written statement to the Division as to whether that subcontractor Is a minority business enterprise, as defined in Section 288,703, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R, §200.321 15 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). (19) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A — Budget and Scope of Work Ill. Attachment B — Program Statutes and Regulations iv. Attachment C — Statement of Assurances v. Attachment D — Request for Advance or Reimbursement vi. Attachment E —Justification of Advance Payment vii. Attachment F — Quarterly Report Form viii. Attachment G — Warranties and Representations ix. Attachment H -- Certification Regarding Debarment X. Attachment I -- Federal Funding Accountability and Transparency Act xi. Attachment J — Mandatory Contract Provisions (20) PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest - bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement 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. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division. (21) REPAYMENTS a, All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b, In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. b, This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U,S,C. Section 12101 etse ,), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e, Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub -Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; ill. 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 (22) f. ii. of this certification; and, Iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. h. In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each intended subcontractor which Sub - Recipient plans to fund under this A greement. The form must be received by the Division before the Sub-Rocipient enters into a contract with any subcontractor. L The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. k. 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 ("INK)]. 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 Sub -Recipient of the employment provisions 18 contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. m. The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (23) LOBBYING PROHIBITION activities. a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contractor grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief; No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." 19 iii. The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. IV. 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. (24) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. a, If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida, c. Within thirty (30) days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient, In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted 20 or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. (25) LEGAL AUTHORIZATION The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub - Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub - Recipient to the terms of this Agreement. (26) EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii, The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or 21 applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vil. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vill. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontractor purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction 22 work: Provided, that if the applicant so participating is a State or local government; the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance, d. The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27) COPELAND ANTI -KICKBACK ACT The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. III. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 23 (28) CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100.000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U,S,C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30) SUSPENSION AND DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i, This contract is a covered transaction for purposes of 2 C.F,R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C,F.R. § 180,995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 150.940) or disqualified (defined at 2 C.F.R.. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv, The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F" R. pt. 3000, subpart C while this 24 offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31) BYRD ANTI -LOBBYING AMENDMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (32) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of 25 a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (33) ASSURANCES Attachment C. The Sub -Recipient shall comply with any Statement of Assurances incorporated as 26 C� �r IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Name and title: Burt L. Saunders Chairman Date: Pow 0f-7, FID# L--ir_rlrx.»is•]:1101_j DIVISION OF EMERGENCY MANAGEMENT Digitally signed by Miles E. Anderson Miles E A n d e rs o n DN: cn=Miles E. Anderson, o=DEM, ou=Mitigation, email=Miles.anderson@em.myflorida.com, c=US By: _ Date: 2020.07.22 16:06:54-04'00' Name and Title: Jared Moskowitz, Director ATTEST CRY -I. KINZE LARK Y. _ hat,, #ire o�►1�:� Approved as to fomi and legality Je er A. Belpedi rt Assistant County Attorney 'Q(� �?lj' 27 r�l EXHIBIT -- 1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Hazard Mitigation Grant Catalog of Federal Domestic Assistance title and number: 97.039 Award amount: $ 112,500.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities Sections 1361(A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264 • 31 CFR Part 205 Rules and Procedures for Funds Transfers Federal Program: Sub -Recipient is to use funding to perform the following eligible activities: • Localized Minor Drainage Improvement Sub -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. 28 Attachment A Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to improve drainage of Pine Ridge Estates subdivision in Naples, Collier County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-361-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub -Recipient, Collier County BOCC, shall conduct Phase I of this project, which includes the preliminary engineering designs and calculations, surveys, permitting, and notices. No construction activities are approved at this time. The Sub -Recipient shall complete the Phase I work in accordance with all applicable federal, state and local laws, regulations and codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to improve the drainage of the Pine Ridge Estates subdivision, located within the geographical boundary of US 41 to the West, Vanderbilt Beach Road to the North, Goodlette-Frank Road to the East and Pine Ridge Road to the South, in Naples, Florida, 34108. Coordinates (26.244267,-81.788206). The scope is for Phase 1 only, which includes but is not limited to surveying, engineering, design, plans preparation, permitting and bidding for the proposed project, for Phase 11 approval. No construction activities for this project have been approved. When completed, the Sub -Recipient shall provide deliverables for Phase II review of the following proposed activities. The Phase II proposed scope of work shall include excavating and regrading the $wale system to increase storage and provide consistent stormwater conveyance, upsizing driveway culverts and storm interconnections, and the optimization of the stormwater management. The project shall be designed to provide protection against a 25-year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. TASKS & DELIVERABLES: A) Tasks: 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the Phase I scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicabie regulations. The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all areas in a neat and presentable condition. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub -Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method 29 9 of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub -Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub -Recipient shall monitor and manage the Phase I portion of this project in accordance with the Hazard Mitigation Grant Program application and supporting documentation as submitted to the Division and subsequently approved by the Division and FEMA. The Division and FEMA shall render a Phase II determination upon completion of the review of Phase I deliverables. No construction activities are approved at this time. The Sub -Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. Phase I consists of fees; for conducting survey, drainage study, engineering, design, public notices, and/or permitting associated with the modification(s) needed to upgrade the drainage. Verification of upstream and downstream impacts shall be necessary for determining project eligibility. All Phase I work shall be completed in accordance with all applicable state, local and federal laws and regulations and documented, as appropriate. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all scope of work changes, if any. a) Two sets of engineering Signed/Sealed final design and analysis, surveying, and Hydrologic and Hydraulic (H&H) Studies. b) Construction Plans and bid documents. C) Revised cost estimate for Phase II — construction (include Phase I costs), to implement the design project. d) Design documents shall provide a detailed description which includes specifics on project scope of work, depth and extent of ground disturbance at all construction locations of the project. e) Color maps including topographical, aerial, and ground disturbance. f) Color photographs of the project area and areas of ground disturbance. g) Copy of all environmental permits or applications; any obtained from the Florida Department of Environmental Protection (FDEP), and/or local Water Management District (WMD) shall be required. Any conditions for compliance shall be included in the final design plans, narrative and project implementation actions. h) Copy of the United States Army Corps of Engineers (USACE) permit or No Permit Required notification. I) Any other documentation requested by the Division, not limited to Project Conditions and Requirements herein. 3) During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. 30 The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested, The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure Invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Direct Expenses; The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets, attendance logs, etc, Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third party in -kind services, if applicable, shall be conducted by the Division in coordination with the Sub -Recipient. Quarterly reports shall be submitted by the Sub -Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub -Recipient shall submit to the Division requests for reimbursement of actual Phase I costs related to the project as identified in the project application and this scope of work. The Requests for Reimbursement (RFR) shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub -Recipient's Request for Reimbursement shall include the final Phase I project cost. Supporting documentation shall show that all contractors and subcontractors have been paid, 31 (ODD B) Deliverables: Mitigation Activities consist of Phase I activities, which include engineering, designing, plans preparation, permitting and bidding for the proposed project, for Phase II approval, and to implement measures to improve the drainage of Pine Ridge Estates subdivision in Naples, Florida, 34108. The designed project shall provide protection against a 25-year storm event. Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1) The Sub -Recipient shall submit signed and sealed Engineering plans that clearly show the engineer's estimate of the pre and post -mitigation effects of the proposed project and the relationship of the damages to be mitigated (commensurate with the level of funding requested). The H&H study shall contain at least 3 scenarios, where one represents the level of protection; under each scenario, the Sub -Recipient must identify the losses before and after mitigation (structural, content, displacement, road closure duration, or any other needed to show the improvements after the mitigation project is implemented). This includes, but is not limited to, the existing and proposed hydrology and hydraulics for the level of event being mitigated. 2) Demonstrate mitigation effectiveness, in part, by showing the physical location(s) and elevation(s) of the infrastructure/structures that are being damaged and FEMA Special Flood Hazard Areas on the same plan. 3) Submit a refined cost estimate, to include final Phase I Fees and Phase II Construction Materials and Labor. D) Environmental: 1) Any change to the approved scope of work shall require re-evaluation for compliance with NEPA and other Laws and Executive Orders. 2) Acceptance of federal funding requires the Sub -Recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. 3) Meet all required Environmental laws and policies, and all necessary Environmental compliance documents shall be obtained as applicable. a) United States Army Corps of Engineers (USACE): Consultation with the USACE is required. A permit or No Permit Required shall be submitted. b) Copy of all environmental permits or applications; any obtained from the Florida Department of Environmental Protection (FDEP), and/or local Water Management District (WMD) shall be submitted. Any conditions for compliance shall be included in the final design plans, narrative, and project implementation actions. 4) Historical Preservation compliance documents shall be obtained. Review documentation required: a) Color maps including topographical and aerial with the project location clearly marked. b) Color photographs of any area with ground disturbance (electronic). c) Indicate if project site is located within a designated historic district or historic neighborhood. 5) Tribal Consultation shall be required for proposed ground disturbing activities. The following documents shall be required and submitted as part of deliverables: 10YA a) Color ground disturbance maps showing the full extent of the project footprint and depth of ground disturbance. Geographic latitude/longitude (decimal degree format) of the proposed construction areas and staging areas. b) Previous and current use of proposed project area. c) Any known site work or historic uses for the proposed location. d) Any available studies that may have taken place on the property. 6) Phase I of this project is approved with the condition that the above list of deliverables shall be submitted for review and approval by the Division and FEMA before Phase 11 is considered. 7) No construction work may begin until Phase 11 is approved by the Division and FEMA. E) Programmatic: 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub -Recipient must notify the Division 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 costs or earlier completion. 3) The Sub -Recipient must "obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 4) Phase I — Design of this project is approved with the condition that the enclosed list of deliverables shall be submitted, 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA before Phase I] — Construction is considered. 5) A Public Notice shall be published to notify interested parties of the proposed activity. Notices shall be published in a manner that anyone that may be affected or interested in this project has access to the posting, using the Division template, as applicable. 6) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted, along with substantiation of new expiration date and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 7) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 8) When completed, the Sub -Recipient must provide 100% completed designs, calculations, complete signed and sealed plans and, permits for a Phase II review. A final BCA using developed technical data and study results will be necessary. No construction activities for this project have been approved. 9) The Sub -Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. This is FEMA project number 4337-361-R. It is funded under HMGP, FEMA-4337-DR-FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4337. FEMA awarded this project on January 7, 2020; this Agreement shall begin upon execution by both parties, and the Period of Performance for this project shall end on April 30, 2021. F) FINANCIAL CONSEQUENCES: 33 If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub -Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. Schedule of Work Phase I State & Local Contracting: 3 Months H & H Study: 3 Months Engineering Design Specifications: 6 Months Permitting i Survey: 2 Months Deliverab€es Submitted for Phase II Review: 1 Month Total Period of Performance: 15 Months BUDGET Line Item Budget* Project Cost Federal Share Non -Federal Share Materials: $0.00 $0.00 $0.00 Labor: $0.00 $0.00 $0.00 Fees: $150,000.00 $112,500.00 $37,500.00 Initial Agreement Amount: $150,000.00 $112,500.00 $37,500.00 ***Contingency Funds: $0.00 $0.00 $0.00 Project Total: $150,000.00 $112,500.00 $37,500.00 *Any line item amount in this Budget may be increased or decreased 10% or less, with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. *** This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part VI, D.3.4 — Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re -budgeted to another direct cost category and identified. Post -award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of $0.00 34 (ED) Funding Summary Federal Sure: $112,500,00 (75.00%) Non -Federal Share: $37,500,00 (25.00%) Total Project Cost: $150,000.00 (100.00%) 35 �r 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 Assistance Guidance- February 27, 2015 Update; and (5) All applicable laws and regulations delineated in Attachment C of this Agreement In addition to the above statutes and regulations, the Sub -recipient must comply with the following: The Sub -recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with 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. The Sub -recipient shall not deviate from the approved project and the terms and conditions of this Agreement. The Sub -recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Sub -recipient and any land use permitted by or engaged in by the Sub -recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part 11, 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 Sub -recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land use permitting authority, where required. The Sub -recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. The Sub -recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then the Sub -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; 91 (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 designed open space; b. a restroom; or (3) A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; (4) After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and (5) If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44 CFR 206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Sub -Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. As a reminder, the Sub -recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: (1) For Construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need for additional funds" (44 CFR 13(c)); (2) A change in the Scope of Work must be approved by FEMA in advance regardless of the budget implications; and (3) The Sub -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 sixty (60) days prior to the project expiration date. The Sub -recipient assures that it will comply with the following statutes and regulations to the extent applicable: (1) 53 Federal Register 8034 (2) Federal Acquisition Regulations 31.2 (3) Section 1352, Title 31, US Code (4) Chapter 473, Florida Statutes (5) Chapter 215, Florida Statutes (6) Section 768.28, Florida Statutes (7) Chapter 119, Florida Statutes (8) Section 216.181(6), Florida Statutes (9) Cash Management Improvement Act of 1990 (10) American with Disabilities Act (11) Section 112,061, Florida Statutes (12) Immigration and Nationality Act (13) Section 286.011, Florida Statutes 37 (14) 2 CFR, Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (18) Omnibus Crime Control and Safe Streets Act of 1968, as amended (19) Victims of Crime Act (as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (21) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990) (22) Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and Part 39 (23) 42 U.S.C. 5154a 38 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the Sub -recipient certifies that: (a) it possesses legal authority to enter into this Agreement and to carry out the proposed program; (b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandings and assurances contained in it, and directing and authorizing the Sub -recipient's chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of the Sub -recipient or its designees or agents, no member of the governing body of the locality in which this program is situated, and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Sub -recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above; (d) All Sub -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 Sub -recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Sub -recipient. Any cost incurred after a notice of suspension or termination is received by the Sub -recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Sub -recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work -week. (f) It will comply with (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub - recipient received 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 Sub - recipient, this assurance shall obligate the Sub -recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is 0 used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U,S.C, 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualifies 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 pay or other forms of compensation; and election for training and apprenticeship; (g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, Florida Statutes; (h) It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; (i) It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; (j) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 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; For sites located within Special Flood Hazard Areas (SFHA), the Sub -recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Model Acknowledgement can be found at www.fema.govlgovernmenta/grant/sfha_conditions.shtm (k) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Sub - recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (1) 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 40 (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 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800. (4) When any of the Sub -recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency Management Agency (FEMA) may require the Sub -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 Guide lines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Sub -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) The Sub -recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation of footings and foundations, and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Sub -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 or archeological data from the property. If the Sub -recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". The Sub -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 fifteen (15) calendar days of receipt of the treatment plan, FEMA may direct the Sub -recipient to implement the treatment plan. If either the Council or the SHPO object, Sub -recipient shall not proceed with the project until the objection is resolved. (6) The Sub -recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify a 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. The Sub -recipient acknowledges that FEMA may require the Sub - recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Sub - recipient further acknowledges that FEMA may require the Sub -recipient to take all Ci reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. The Sub -recipient also acknowledges that FEMA will require, and the Sub -recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) The Sub -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, the Sub -recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse effect to occur. (m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686) which prohibits discrimination on the basis of sex; (n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (p) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto; (r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this Agreement; (s) It will comply with Title Vill of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C. 3601- 3619), as amended, relating to non-disorimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; (u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626 (v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544; (w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C, 4728-4763; (x) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (y) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; (z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.; (aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; 42 (bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; (cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs; (dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; (gg) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666. (ii) With respect to demolition activities, it will: (1) Create and make available documentation sufficient to demonstrate that the Sub - 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 the Sub -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 Hazard Present b. Health Hazards Present c. Hazardous Materials Present (5) Provide supervision over contractors or employees employed by the Sub -recipient to remove asbestos and lead from demolished or otherwise applicable structures. (6) Leave the demolished site clean, level and free of debris. (7) Notify the Division promptly of any unusual existing condition which hampers the contractor's 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 wel Is and septic tanks located on each site. Provide documentation of closures. (10) Comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 43 (11) Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857h), Section 508 of the Clean Water Act (33 U.S.C. 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. 4.4 4r� Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS SUB -RECIPIENT: Collier County REMIT ADDRESS: CITY: STATE: PROJECT TYPE: Drainage, Phase I PROJECT#: PROGRAM: Hazard Mitigation Grant Program CONTRACT#: APPROVED BUDGET: FEDERAL SHARE, ADVANCED RECEIVED: NIA AMOUNT: Invoice Period, To ZIP CODE: 4337-361-R H0469 MATCH: SETTLED? Payment M Eligible Amount 100 /a (Current Request) Obligated Federal Amount 75% Obligated Non- Federal 25% Division Use Only Approved Comments TOTAL, CURRENT REQUEST: $ By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3601-3812. SUB -RECIPIENT SIGNATURE: NAME; I TITLE: DATE: TO BE COMPLETED BY THE DIVISION APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST REPRESENTA APPROVED FOR PAYMENT $ DATE 45 SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MTIGATION ASSISTANCE PROGRAM SUB -RECIPIENT: Collier County PAYMENTM PROJECT TYPE; Drainage, Phase I PROJECT M 4337-361-R PROGRAM: Hazard Mitigation Grant Program CONTRACT #: H0469 REF NO2 DATE' DOCUMENTATION (Check) AMOUNT ELIGIBLE COSTS 100% 1 2 3 4 5 6 7 8 9 This payment represents % completion of the project. TOTAL z Recipient's internal reference number (e-q, Invoice, Receipt, Warrant Voucher, Claim Chock, or Schedule 4) Date of delivery of articles, completion of work or performance services. (per document) 4 List Documentation (Recipient's payroll, material out of recipients stock, recipient owned equipment and name of vendor or contractor) by category (Materials, Labor, Fees) and line item in the 'approved project tine item budget, Provide a brief description of the articles or services. List setvice elates per each invoice. 46 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: Collier Count If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED 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. If you are requesting an advance, complete the following chart and fine item justification below. PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for ninety (90) days. Submit Attachment D with the cost share breakdown along with Attachment E and all supporting documentation. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20�-20� Anticipated Expenditures for First Three (list applicable line items) Months of Contract For exam pie ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (Foreach line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term as evidenced by copies of invoices and cancelled checks as required by the Budget and Scope of work showing 100% of expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance. 47 Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM Instructions, Complete and submit this form to the appropriate Project Manager within fifteen (15) days of each quarter's end date. SUB -RECIPIENT: Collier County PROJECT #: 4337-361-R PROJECT TYPE: Drainaqe, Phase I CONTRACT #: H0469 PROGRAM: Hazard Mitigation Grant Program QUARTER ENDING: Advance Payment information: Advance Received ❑ NIA ❑ Amount: $ Advance Settled? Yes ❑ No ❑ Provide reimbursement Projections for this project (projections may change): Jul -Sep 20_ $ Oct -Dec 20$ Jan -Mar 20_ $ Apr -Jun 20__ $ Target Dates: Contract Initiation Date: Contract Expiration Date: Estimated Project Completion Date: Project Proceeding on Schedule? ❑ Yes ❑ No (If No, please describe under Issues below) Percentage of Work Completed (may be confirmed by state inspectors): % Describe Milestones achieved during this quarter: Provide a Schedule for the remainder of work to project completion: (Milestones from Contract with estimated dates) Milestone Date Describe Issues or circumstances affecting completion date, milestones, scope of work, and/or cost: Cost Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget Additional Comments/Elaboration: NOTE. Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at any time. Events may occur between quarterly reports, which have significant impact upon your projoct(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions become known, otherwise you may be found non -compliant with your sub grant award. Person Completing Form: Phone: To be completed by Division staff Date Reviewed: Reviewer., Actions: 48 Attachment G Warranties and Representations Financial Management The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D---Post Federal Award Requirements —Procurement Standards (2 C.F.R. §§200.317 through 200,326). Business Hours The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: 8:00 AM - 6:00 PM, Monday Thru Friday, as aRplicable. Licensing, and Permitting All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub -Recipient, 49 Attachment H Subcontractor Covered Transactions (1) The prospective subcontractor, of the Sub -Recipient certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR By: Signature Name and Title Street Address City, State, Zip Date 50 Collier County Sub -Recipient's Name H0469 DEM Contract Number 4337-361-R FBMA Project Number Attachment I Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent of this legislation is to empower everyAmerican with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on federal awards (federal assistance and expenditures) be made available to the public via a single, searchable website, which is httpJ.1www.usaspending.govl. The FFATA Sub -award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management ("FDEM" or " Division") must use to capture and report sub -award and executive compensation data regarding first -tier sub -awards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment Act of2009, Pub. L. 111-5). Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a sub - award (Agreement) that obligates $25,000 or more in federal funds as described above, Please provide the following information and return the signed form to the Division as requested. PROJECT* 4337-361-R FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $ 112,500.00 OBLIGATION/ACTION DATE: January 7, 2020 SUBAWARD DATE (if applicable): DUNS#: 076997790 DUNS# +4: 51 *If your company or organization does not have a DUNS number, you will need to obtain one from Dun & Bradstreet at 866-705-5711 or use the web form(http://fedgov.dnb.com/webform). The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: DBA NAME (IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** PARENT COMPANY DUNS# (if applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): DESCRIPTION OF PROJECT (Up to 4000 Characters) The purpose of this Scope of Work is to improve drainage of Pine Ridge Estates subdivision in Naples, Collier County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-361-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). Collier County BOCC, shall conduct Phase I of this project, which includes the preliminary engineering designs and calculations, surveys, permitting, and notices. No construction activities are approved at this time. The Sub -Recipient shall complete the Phase I work in accordance with all applicable federal, state and local laws, regulations and codes. The scope is for Phase I only, which includes but is not limited to surveying, engineering, design, plans preparation, permitting and bidding for the proposed project, for Phase II approval. No construction activities for this project have been approved. When completed, the Sub-Reciplent shall provide deliverables for Phase 11 review of the following proposed activities. The Phase II proposed scope of work shall include excavating and regrading the Swale system to Increase storage and provide consistent stormwater conveyance, upsizing driveway culverts and storm interconnections, and the optimization of the stormwater management. The project shall be designed to provide protection against a 25-year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations.. Verify the approved project description above, if there is any discrepancy, please contact the project manager. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: 52 ADDRESS LINE 3: CITY STATE ZIP CODE+4** CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: "Providing the Zip+4 ensures that the correct Congressional District is reported, EXECUTIVE COMPENSATION INFORMATION: 1. In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170.320; , (b) $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e,g. loans, grants, subgrants, and/or cooperative agreements, etc,) subject to the Transparency Act? Yes ❑ No ❑ If the answer to Question ? is "Yes," continue to Question 2. If the answer to Question 7 is "No", move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (16 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986? Yes ❑ No ❑ If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at httpllwww.see-gov/answerslexecomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required In the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives", in rank order, In your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive" is defined as "officers, managing partners, or other employees in management positions". "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii, Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. 53 iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above -market earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion Rank (Highest to Lowest) Name (Last First MI Title Total Compensation for Most Recently Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: DATE: 54 Attachment J Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F,R. Part 200. It is the responsibility of the sub -recipient to include the required provisions. The Division provides the following list of sample provisions that may be required: 55 ow Guidance (i)) DavlsriJ aeon AaL, as asinouded (49TI3,0, mi-H4� 6).. whaan roipaalraacl by Iweratl ixwrain Tatpiltil&tian. an prinlo Canstrtlatlot aolrtra,ets In ezooss of OM awrailed iay non-Fedoral entitles rnUzT Indude a: proylaton for c Gmpll- ee with the lk aylo-Ru;an .Act M) lj�S,O. M41--3144, and 31.46..31} Ma a lal.pprlonwiiU al Tag Daapaar°taa] ut a. 1,,aabor rVulaatfona M MIR J.)%ri: f% "lilhor Stain€larch Froviiuiama Apit313- OftNe to Cvnft(ALS Covering Pecleratl.ly #,'l- nara0d and Ag.1,10A Oonstruetlon"). In atxx cold:; u) with tho %MtRate, Ltarlt naabors, inuxt: 1.4 Torptrarod to pla�r WaV.0 ttt ]altsnr ax:a and Me- clmifts at a n.l4 .at.sT%tam thmi Mh prme-mli.ng wagma lapoolned in a Swa¢w dotanrnnl.n:ation marin by. titre crotrary of .I.Abor. Ira Addition, x;tantra.cwM nest life roquirtal to .my wwea not, loos than oncm as ;;maim Tha non-.Fedrand sanfti v rrrust, pi.- e a caapp of i:hri a;ifli'rarnt IRV- watlulg wiLge daataarrritaiiaLttsn Irallud by the Do- p'rrbnlont 6f I.,alirrnr 123 MiXli .M110ilatwn, "i"hI dool.sion to award it canlwaps or sutx:crntTaot anaats la] ("Un Jittonoil upon ttha sacc epfiamw of tress sago daitgraniaiatinn., The num-Fodoraa) on. My nivot r+wr°l, all .s€ 5ptic:tecl or ru.tacarlmil vla a:ttelitar tu Cho Foci; .l taawaaralllir ap mcy. ', ho COrat>3-i3U6 InuSL alaas 111rl!udo a .p'uYlslon. f€rr, uorr441ance m ltlt tlaa Caapaaparnsi "AMA.-K1tk w-k" :lta=t (0 tJ.I.Y., 214F,), as mippla- meiated by Doplarhnan:L of T abatr id#gWations (W d3Pit val t 1, 'Vont riat ars and Sub- contractors oaa PublIv Dulldl:iai}y or Public %@bark Pinanced in Whole orr'in Part by Lomas ca, flranta from tlic United �tca l;"), '1 hq Act previdas Vat 03oh clulaiTactur or sub- mmplmtntr niust. be prohilatoki from iradu i:ng. kv art„ meaaaaa, a:nv p,or.wii oinprio.vvi In IaA. I:,CYIi t✓7"IEcL:SC771, CXi T31pti8MD:a., or reptila.r C)f l'kublio Work to girt) lips any part ref tha iiariip m Ya- i:3a3 i W iwhiolr hD or she is otaaaar'awi io autitlod. 'T IM noun-1 afloral atntli y rerun rcq)a rt all uUM.. Wetrad. 04, roportbd viaalationr to the Faadoral aiwranit'ng, Affonoy, (14) aintlMv Work TTuaars anti &Ntv ,MAndards Ant (40 U113,0, ti 14 CM)., More a.lrpltc°iaMO, yell c ontraota, awArdod by tare .Dim- Podaral rtni3t4s in tMCA''M all' $100,0M tiiart In- volvo the elnpl.oy melat of Intlt81i1Gttfml er. 10yor- er% aniraa4 anal trip as pr°ovimon for a;unpl:mve with 41) ti.&C.. 1702 iami 4S 4, iii; suppalsammant,a3d 4v Dopsartrr ant of I'3shor° rsgulatl=4 (21 0.1% iwsart. ,5), pindor ,% V.fi.0. (J2 oft .A c:r„ e ai:lh Bums wr r11ujL w roquti a to oDinputAl t1le wai<;,rv; of asm" moahave and iithunr on t'>taaa laaasis of A %t:aa dud wt.v c awooR of:40 batur s. Wm,k in ox in of the scan taeal work wga k Is. pxarrati t,lus p unaided that Ghe worker Is ouin- iM.arsa,t od at a IuLo of rrut leas ;~Tibia erne arid. as bra r. ttanu c the 110,1110 VAtO cif M fair all 11tan:r5 worked In axmss of 40 hatirs 1az 'Chaa work iva~.aak.. ! lia rwInirlt cent of 40 37M arw aprpl.iaa blo to evii atruction work Adel i.x-ovido lAxt no labo aar or arleufr nle Inast he to- spta.iriad % work. in .turTPnwllzigu or tand€r wirsrking auundMons iv.lrto:ii are im,,,wiliary, haur€117 in arr, tiangoroar 4, 't.'hi5�i4i 'ris-a�_%9.i1`r13Tk?74t� CIO male apply U. the p uctba os OF �UPJAIW or 56 Pf, 200, App. 41 inAtorjoAn or art4clu ordmarily aavaailaaiale on afar opan rllarloA, or rontrrwU for t,rraaysper. riativaov traaatsi asslon of Mtreriliganoo. M 1Tll hln to Inventlow ivT dat Under a ticaaala F; or Agraa(aniont. If tho Podwal ie.wmixl Mee ta Mite si[3fililtuu of "Aii];3bw a lvenlant" amid, R7 C VR j4{li.p1 (a) and tho TIC: ptiaraL or Sublets ploill; wish s to canl"ar Into a contaraaet; with a'sm an bnamnvkss farm aar laon;nvElt or - WyAt;ion roc_1A ling the a tni;t9,iatrnn of r ON", 89:1Alriati ant, ut, PzrfnTT1li4ri�"'.F Of Oxptrrl- nvmt-q,p, UvolopriTwntaL or rc4w%Ot work Under amt, "MurFl.rag At,fY00119M." OR rrscxiias- oni; or srak+rrrrit'irl ant naaa t r amply wrl Lh Me ra- fllli3rimiunt«i uf:n Celt Pay 40t, "Rights tta .T.ai•. vFuAloms 'ftadv, by, Nonpirof t Orgiavwxtioras &nd SineJ1 DuanePsruis. ltinfty Govornr rr wil Or"iurts, Oontraut,ri anti. Coop ora-tus :kEz�rQwnmihw." and array tnrpDleiilyntfi4r vag alx - {C3) ta.lvtir:n Asr Aid (42 U.8,0- 7401 7C lqa 4nd tom ?Nlatraal Wattor t oEuttasn OaRtrol Aut (M TJ,&C'.:tMrviM), aid ,,iw ,1%nixr of al-flDtI t In raaxv�s Ot $19,(M la" Wt ratiprt,la7Ln rr parabiili 01) IMikKi MfUlM CLIP nd ]-1�alrarril ,award to aagmaa to Nirnpzly with '11.1 sppl:ir>nlila t�is'aTairdv, ordot°s ar r.g'tkTw, Uouz issLwA paitl,aua nt to Mio Olsten Air Aa% (TJ IT.H.CY 7401: 7fnq) arias tho poiken'd �&'Vttarr Pollutton CsziaLrul J18 as d nrsuulsad M V3,C', 1,2il-A,M). Vialitton s is twtM bo rupusrlatasl to the Ygdorfti aiwil ,earn agoney and 3;lrrr T£saglvilal Ofiieaa ut the Ta6ti°tarsxr aTd al. Prs u` vtton (11) irTaiiitlo Wrg StAu l ards and paaali¢aL43 re- 1['v, 11V to rlrlcwmw ^Mob rim ## xw - tarsnnd r'zrr arvaMon p f,%n Issued in udlmpi1aaaco with the E l%Vgy Poltvy Intl Q-M],TwvatJD3 Act(421'.i.S.O.. tiM). (11 Deb"Dionta .at)d 1A.1i1wr-Mon (HxOe:U tun Oralrarts l p and 12689Y.-A vmi6raaot xvrArd (miss 2 CPR 1131 M, naurt not i n nvue Cta Par MLv Ils&a d on. tli a goraauumantwMa &Bladed Taartle,s 'C,i ria syltoya tra Mica SvAwn for Award M=agomaut (31x), In accaardance with tree Oi§til at 2 C iPR M th&6 wlpiitlllo n� Jrlxtata vvaa i,viarts firm 'Cxi ivii Faat°t i, ;lank), pl, lilp) &nd I;aM (d OM Pant MM Comps., P, 40, "DarlaaarrlaNut and Suspiaiia,lasra..°' nto Rxelaaited FartfoH List rS,$'ta viw in RAMvont ina tho r9EkrY w of laartrea dei54am 1< rra.a- p1€aaivlod, or ofslatM atxoludRd b agQ31 a m, WS owls rear jKmtl doolarod tnellty"lblflo Under Ma,3t: utery or regtslaitAr'y RuAlDr1ty Other than Rx- #aKiad AVO Ordsrr =4, (,7) Byrd Antl••p,oT$txl ing Anioizili Iout fill. IJ, .G, lam)-,t7cantrmolsirw t7aa,t ap]AY or IM Cast, 2nn atward of SM<dM or anon] nnais4 frays ilia rarrit€ mrl ¢]as ,Mflcatlon., Rich Liar a;; rldita; to fie merr atov� tlarab at w11 not acid. ;.lays steal; 11"Wd J."gurtal apapampttri,rawd funds to Tay Any swa or wgraWgatlexi for arr aL t:EjnptJr,, to lufluatic:e an of ;car or tmipalo,voia of ratty ago]]oy, a rna n1bar of l,origmm,,�, riff a:aar Or azrnlalor -&o at' Congom, Or at wnp€Ea taast aaF :s nt ornbev of Clongj,AA,>a In s.4dria potlor with ob- taluing eels` ,l wlarrafl wiutraacsL tnraii& or airy 195 Pt, 200, App. flf o4bor wavl covemd by al 13.&C, IM52, Butch war mast idso disolosa aky lobbying mth non'Fadoml Aluls 01at 1ARM plwa m uan- n;X.—Mon With Otallilng smy Vodora4 awarlt. Suoh (1136=1aa xre foriiidod Mill UOT, to Uor up to the non-Podaral samrll. (k) sow mui PiwuromouL or rocoverod Matortals, A,FpmN.Dix I . U TO PAM' 2GR,-4NnTR.ECT (PS,A) COLMS IDEMETRICAMN ANTI A.ASI0NMFNT_AN1J RATEC DIVVERMINA- THIN Volt 1wilmwillons or Hicitunt 1j"D13k'AvoR (IRBS) AGmNictwa, Tldi appandtz pmvldm cri-WrIft for Idantl- f,vin,:r and wwPuMny MdM(% (ur Md1rauk (VKI)) TWO! M, IMUNCt (P&A I CoKlz .1ro Mvw 1,11A oA,o Inc urlqxl for ool:nmon or )awt objaohvor� anti tLh0j,Rfcrj cannot ba ldontlfiwi rNI4111Y a,1144 RPD(Jft*al Y wn,h a Immowu spowgriml Projoet, an I. - stnumonal xotmty, or ally oular lusuLu- I UOMI UWM-y We suhwatqa 13J., MOM- Ittan of FWA116� ut AdMMIatlAb[an., for a dwuusAun (9 the a cazlipssnssali a of I-Akhroat {F&A) CIDSCM, 1. 'Wafor ruAaar.ts of aft Invalution 11ofsars, to uIstraction, omantyAd romftruh, othoy t-,ptalsmd wtivituis and olhov Ituibita- tional aotultuw aa Mawd Ili Qu vocMjn� a, Instrig1ron invann t1in tAuiblug, and trMnling RamVittea or an Inst'itutaon,. MIXOOPL for roswgrct. trallaliag aq piuvidol. In spb- 4.00MOT1 1), Ulm WMI 1;11v131dNql1l taaahrng fuld tratuinr aotivlOna, wbotbor thevaro ciftomd for malt-, toward a iWxao ar cartlfleatQ or oli a 11011-01,0am 1IMN, and wtwthor thAv are affured. URVIlgh MgWaT AWAdGM10 ftag't- montz or supwate u is stun - guar w1loul dwlxoi� or an oxUwifflou divioWn, Also conyWood jwt of thli nwjur hin(Man nt_31 WJjfa]N.l ag grfKql to, unt'rozity rjw.arub, (1) gp2aw.rul k4strucoon and.oul"fry ilwimu; 4p(milo Iwuuotkml or trioning &Alwty oi., labfirlINJ by grout, vontz"t., or wwporatwo wMeinglit. Pot, jwpowfl ar th.g. cost lInn, elptg% WIN aevnvy mazy ba oonsiaer6a a .major Amptlan ov�m though an InstKutItWa &0C4)URU11g trealanmit Knay uoludo Ji III the LIMtraCA1071 fuuLfton, t'X) Dqnrfw.. otal raster rP. nwarip rm,,aamli, d'aw4opirwit "Ail Mchobuly actIVILI(w, lluit xrks nat; orgaul-W. rk&urth and, vxn- Ay, an not wpai%tol.v bigigotad maid arvowit(ul star, MpwUuunb%l reseawh, for Purposss of thu doallmMA, I's noj= ConAdma &s a major fiAnotion, but wi a part of tha lm- Fft":MtIon funGtion Or 0-A InsdUtioll. h, Orma4wd wpuyeh IlImm, all rowarcA wd rtatarslarlsratonl "ftvMQ,4 of all 11WAL.010a Ma-t are wpavatiily budg%Gwa salltt acwunted rorWIFICluilm, 57 2 CFR Ck 11 fl-1-14 Edition) (1) Vppnsfrvwl rwarch twxnq aff ivwartli wad diwclopmnl, utIvjPAGR tlixt aro gwn- newwS lky Rixlual xiA nan-Vadorat atmow aad 'I'liz lArm jxiclud(m� wtvvt- Uw, InvWring Wo UviiInV o.f andlvldalin s in riwfwch toohniqwN ((,,rkmnvulv called v(- amr4lf tralwilv) w1wro'sach aetIvItIoNaWlIze the "Mo fuAll tdmq " othill, momh mid de- volol)mout PoWvMvs, wid wMra tuoh "M-vi- tim ara not vlutudwl In 1d10 InstTuctual ft=- tioll, 703tur6i flienus 41 rMutrok and. &voluprwnt sires :mjia- rately twdge4d aiid avuounted Fu 5,v thotn- M;!Itutivoi undor rani Lnkwnal at#4imtlau of In- OU0,1011al ftil%. UDUAM14 IMVRIV11, M- purjxw; art` iPlllni dl!)Camont, Must be Kzm- Waed w1Q isponiored rv",zoh urdu bb,a function Uorr&n4wl i%soardh. v_ 00wr ipviat )rod wiv1dPA mikmii pooVaraq "d PvoJwL4 ftimuod by Fedora) and rwa. Podoral agvwl w find orgaiMatlour, w4lchln- Volvo tho lrerLciEznxoar or wrk othor tMu In- strw,uou 2wd oil'anl%ed n�WaTiIll, FA1MnjilvG of wuh prv_,nam.- and projerAs xro bmith wn'prajouts And Cornalunity Ewv1w Pva- grains, However, lvh�u aky 01 those wtivMu grat unguUken by the InstttuUIou wlGljovat out=.s11a rupporl" IhGV ITLRV be OwulfINI as Gthcr 1Y1EUtW'1#.Rl2j XVIJ VitU'l6L it, Ofh.,x hlWua lonat w1fl4flas III Uanis M I w- U71 GIes <)I an 117 sd l hlfla�i ou'apt ft InArtlo- ttin, fimparbraniLW rouwob, oLymMA r4v,- Maxh, aTo 011tr aponlors")d MtyWylt1w, al do- flued ill tht', soovow lltfllmt (V&,A) amt av, tvfl;iula Idantirwil W tWr APPRndix Mr?_ lrap 14, XuptIfIoatwl znd weagawAnt of in- xtt (MA) ca=i and sWWdI7,ed smtwa fau'llMos dooerflmd III V=Mg wipwlaftwd gai'vino razIUMN of 61gr Va lt UaawjAus a. other hnsuW610=1 witIvItIod 11101111(,a upwation of rewdom WIR, QUalulr IM11"NMg)1IMg and t1jnk_,, Alldolli, unlou, I nkeruol Wgilata atMatiles, booR Karats, llacull;r h0U,W112', W160114, gU*A LOLRAM, ('brLIMis, tbapUrs, puhjhi rAwetwil, anal othav stral [ar itux0jary darillitauft alio 1wjildol ally ntbi�r of tWAIVI- Me,a, noiNt of wlijali An "wWlowabla" to Foderal awards, tiliJe S Aluirw1% jindWatad In an wud. 8. <Mwu fq)T MvIbIWon a, Rup TwrAyl, A 1=INa*A for clistrIW- Wiv or lntbroTZ (P&A) owts I& tbrr poriod dazIng, wb1PA Qxi wain aro inewma. TIia Wo p-4rlod mov=R�, abotild wtuldo wIlli the JTWal yoAv owablishnd by rhe uAltil I'son, keels Eli aily eymir t, w baw paricd allgxild bA Ro 8PJP("Vw1 n"I to avoid m&JUIUAg In OP t,Mutloll or b, Napit foy ws6 oriyugnge. Tbu ov?jm;l ot- Jvetiva of tho lodfrout 0WA) cart Wlotatlon prom's U3 to OlArMto Mu M411mi, (P&A) (MUM d6SCrIb0d In 20CA1011 B, and 2t0gimignt of IrIffirout (P&A) vaMs, ho 196 DIVISION OF E Ron DeSantis Governor STATE OF FLORIDA MERGENCY July 22, 2020 Mr. Gerald Kurtz Principal Project Manager Collier County 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 MANAGEMENT Jared Moskowitz Director Re: Project # 4337-361-R, Collier County BOCC, Pine Ridge Estates Subdivision, Drainage Project, Phase I Dear Mr. Kurtz: Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract number H0469 between Collier County and the Division of Emergency Management. Please email all Requests for Reimbursement (Attachment D) to the project manager at Alicia.Trawick@em.myflorida.com. The Project Manager for this contract is: Alicia Trawick, Project Manager Florida Division of Emergency Management 2702 Directors Row Orlando, Florida 32809-5631 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Ms. Alicia Trawick at 850 815-4540. Respectfully, Digitally signed by Miles E. Anderson son DN: cn=Miles E. Anderson, o=DEM, ou=Mitigation, Miles E. Ander email=Miles.anderson@em.myflorida.com, c=US Date: 2020.07.22 16:06:22-04'00' Miles E. Anderson Bureau Chief, Mitigation State Hazard Mitigation Officer Enclosure MEA/mya DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631