Backup Documents 07/13/2021 Item #16A26 •
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 2 6
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1. County Attorney Office CAO
2. Board of County Commissioners Office BOCC '6.%10 � �)
3. Minutes and Records Clerk of Court's Office Q�]� 1 171412/1
4. Send to for signature: qt3o1 9 °7 \
** Please call Lisa Abatemarco (5188)
for pick up of signed copies**
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Lisa Abatemarco 252-5188
Contact/ Department GMD/Operations Support
Agenda Date Item was July 13,2021 Agenda Item Number 16A26
Approved by the BCC
Type of Document Amendments Number of Original of
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature SDK(Blue Ink) LA
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be LA
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the LA
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LA
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip LA
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 7/13/2021 and all changes made LA
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the LA
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
MEMORANDUM 16 A 2 6
Date: July 30, 2021
To: Lisa Abatemarco, Senior Operations Analyst
Road Maintenance
From: Teresa Cannon, Senior Deputy Clerk
Minutes & Records Department
Re: Modification to Subrecipient Agreement #H0452, #H0459 and
#H0469
Attached are two (2) originals of each document referenced above, (Item #16A26)
approved by the Board of County Commissioners on Tuesday, July 13, 2021.
Please return a fully executed original back to Minutes & Records
Department to be held in the Board's Official Records.
If you have any questions, please feel free to contact me at 252-8411.
Thank you
Attachment
16A26
SUB-RECIPIENT AGREEMENT CHECKLIST
DIVISION OF EMERGENCY MANAGEMENT
MITIGATION BUREAU
REQUEST FOR REVIEW AND APPROVAL
SUB-RECIPIENT: Collier County
PROJECT#: 4337-378-R
PROJECT TITLE: Collier County BOCC, Freedom Park, Drainage
CONTRACT#: H0452
MODIFICATION#: 1
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
[J Signed and Dated by Official Representative(blue ink)
Copy of the organization's resolution or charter that specifically identifies the
dA person or position that is authorized to sign, if not Chairman, Mayor, Chief
Attachment I- Federal Funding AccQu ability and Transparency Act(FFATA)
completed, signed, and dated ( N/A for Modifications)
0 Two Signed and dated Originals mailedjo 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�ern.myflorida.corn.
. t
r'.
16A26
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 1st 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.
16► A26
IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the
dates set out below.
SUB-RECIPIENT: Collier County
By: da47 .,.._Jeff4...
Name and Title:24rrtt 1 .rChg.'
Date: 1 -13^ Di
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Jared Moskowitz, Director
Date:
:r -, P
l ♦
A f l h51 _ = Approved as to tbrm and 1.g:dlity
rRYcTAI•K. KINzEL CLERK /
lb .- ._.0,4A,I'w�4 q tart Cuunty Atunncy - S\Th\
Attest as to Chairman's
*nature only.
1 6 A 2 6
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-Recipients 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.
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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
6 A 2 6
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:
16 A 6
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.
16 A4 6
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 USAGE 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
16A26
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.
16426
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 Project Cost Federal Cost Non-Federal Cost
Materials: $0.00 $0.00 $0.00
Labor: S0.00 $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: S0.00 $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 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
Funding Summary Totals
Federal Share: $72,000.00 (75.00%)
Non-Federal Share: $24,000.00 (25.00%)
Total Project Cost: $96,000.00 (100.00%)
16A26
SUB-RECIPIENT AGREEMENT CHECKLIST
DIVISION OF EMERGENCY MANAGEMENT
MITIGATION BUREAU
REQUEST FOR REVIEW AND APPROVAL
SUB-RECIPIENT: Collier County BOCC
PROJECT#: 4337-379-R
PROJECT TITLE: Collier County BOCC, Upper Gordon River Channel, Drainage- Phase I
CONTRACT#: H0459
MODIFICATION#: 1
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 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 Ac ou ability and Transparency Act (FFATA)
completed, signed, and dated •_4 N/A for Modifications)
111 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@em.myflorida.com.
16A26
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 1st 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.
16A26
IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the
dates set out below.
SUB-REC PIENT: Collier County BOCC
By: 4754
Name and Title: 1C1u) tlr
Date: T ' /3- Or tJ
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Jared Moskowitz, Director
Date:
vITl'S1 Approved ac,to form and legality
t'RYSTAL K.KINZEL,CLERK
e-42-.‘'&11"-k-
- • Assistant County Attorney
, est as to Chairman's \3) a
signature only.
16A26
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 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 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.
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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.
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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.
1 6 A 6
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.
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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
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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.
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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 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
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%)
1 6 A Z 6
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 County BOCC, Pine Ridge Estates Subdivision, Drainage-Phase
CONTRACT#: H0469
MODIFICATION#: 1
SUB-RECIPIENT REPRESENTATIVE(POINT OF CONTACT)
Lisa Abatemarcou
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
Ili
.. -
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
0send 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 Accoun bility and Transparency Act(FFATA)
completed, signed, and dated /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( em.mvflorida.com.
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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 1 s' 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.
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IN WITNESS WHEREOF,the parties hereto have executed this Modification as of the
dates set out below.
SUB-RE P NT: Collier County BOCC
By: �l
Penny aylor.Chairperson
Name and Title:
Date: - 13 -al
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Jared Moskowitz, Director
Date:
•
A I'l'Es 1 Approv0 us to form and legality
CRY,S FAL K.KLNZFJ.,l'I.F.RK
- &AA-Stk._
As. ant County Attorney 5`
Attest as to Chairman's �
signature only.
1 6 A 6
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.
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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.
1 6 A 2 6
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.
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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:
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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.
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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.
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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: S150,000.00 S112,500.00 $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
Funding Summary Totals
Federal Share: $112,500.00 (75.00%)
Non-Federal Share: $37,500.00 (25.00%)
Total Project Cost: _ $150,000.00 (100.00%)