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Agenda 09/14/2021 Item #16D12 (Agreement Modification of Grant #H0311 extending the agreement deadline)09/14/2021 EXECUTIVE SUMMARY Recommendation to approve the agreement modification for the Florida Department of Emergency Management Hazard Mitigation Grant #H0311 accepting $14,999.93 and extending the agreement deadline to January 31, 2022, for hardening of the University Extension Services’ Institute of Food and Agricultural Services building. OBJECTIVE: To carry out mitigation measures to reduce the risk of loss of life and property damage in future disasters. CONSIDERATIONS: On September 10, 2017, Hurricane Irma made landfall on Collier County, severely impacting not only Collier County but the entire State of Florida. In the wake of the hurricane, Collier County experienced damage to multiple facilities and equipment including buildings, stormwater, and generators. On February 2, 2018, the Hazard Mitigation Grant Program notice of funding was published in response to the disaster recovery efforts due to Hurricane Irma. At the September 11, 2018, Board of County Commissioners (Board) meeting (Agenda Item #16E3), the application submission was ratified “After- the-Fact”. The Institute of Food and Agricultural Services (IFAS) Building is in central Collier County and is part of the Collier County Fairground Complex. The 13,000 square foot building suffered significant damage during Hurricane Irma. The facility was anticipated to withstand impacts of a category three storm but main elements of the structure such as windows and roof failed leading to further damage to the interior, causing the building to be inoperable. Damage to the structure included the roof, fire suppression system, ceiling, insulation, drywall, flooring, equipment, and furniture. The IFAS building project intends to protect the integrity of the building envelope and reduce potential damage from future wind events by retrofitting the University Extension Services’ IFAS Building with new hurricane-rated windows and storm front doors. The notice of award and grant contract was received on October 15, 2019, from the Florida Department of Emergency Management (FDEM). The $225,000 grant award provided funding to support the installation of wind-resistant windows and doors to the IFAS building to prevent loss of life and property damage in future disasters. The grant required a twenty-five percent (25%) match commitment from the County, for a total project cost of $300,000. The grant agreement was fully executed at the November 11, 2019, Board meeting (Agenda Item #16D14). On July 14, 2021, FDEM provided an agreement modification to approve Sub-Recipient Management Costs (SRMC) in the amount of $14,999.93. SRMC comes one hundred percent (100%) from the Federal share and does not have a match requirement. The modification also provides for a six (6) month administrative extension to January 31, 2022. FISCAL IMPACT: A Budget Amendment is required to recognize Sub-recipient Management Costs funds in the amount of $ 14,999.93 in Public Services Fund (709) Project 33656. The funds do not have a match requirement. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. - JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this 16.D.12 Packet Pg. 2500 09/14/2021 request. RECOMMENDATION: To approve the agreement modification for the Florida Department of Emergency Management Hazard Mitigation Grant #H0311 accepting $14,999.93 and extending the agreement deadline to January 31, 2022, for hardening of the University Extension Services’ Institute of Food and Agricultural Services building. Prepared By: Rachel Hansen, Grants Coordinator, Community & Human Services Division ATTACHMENT(S) 1. [Linked] 4337-194-R - Contract FULLY EXECUTED (PDF) 2. 4337-194-R Mod #1 Collier County stamped (PDF) 16.D.12 Packet Pg. 2501 09/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.12 Doc ID: 17684 Item Summary: Recommendation to approve the agreement modification for the Florida Department of Emergency Management Hazard Mitigation Grant #H0311 accepting $14,999.93 and extending the agreement deadline to January 31, 2022, for hardening of the University Extension Services’ Institute of Food and Agricultural Services building. Meeting Date: 09/14/2021 Prepared by: Title: – Community & Human Services Name: Rachel Hansen 08/06/2021 1:56 PM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 08/06/2021 1:56 PM Approved By: Review: Community & Human Services Jose Alvarado Additional Reviewer Completed 08/09/2021 3:25 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 08/11/2021 3:08 PM Community & Human Services Tami Bailey Additional Reviewer Completed 08/12/2021 4:54 PM Community & Human Services Kristi Sonntag CHS Review Completed 08/12/2021 4:58 PM Operations & Veteran Services Kimberley Grant Additional Reviewer Completed 08/16/2021 11:13 AM Public Services Department Todd Henry Public Services Department Completed 08/17/2021 12:41 PM Grants Erica Robinson Level 2 Grants Review Completed 08/20/2021 9:51 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/24/2021 1:26 PM Public Services Department Dan Rodriguez PSD Department Head Completed 08/26/2021 10:46 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/26/2021 12:16 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/26/2021 1:28 PM Grants Therese Stanley Additional Reviewer Completed 09/01/2021 12:55 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 09/01/2021 2:21 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/07/2021 9:35 AM Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM 16.D.12 Packet Pg. 2502 16.D.12.c Packet Pg. 2503 Attachment: 4337-194-R Mod #1 Collier County stamped (17684 : University Extension HMGP Agreement Modification) 16.D.12.c Packet Pg. 2504 Attachment: 4337-194-R Mod #1 Collier County stamped (17684 : University Extension HMGP Agreement Modification) 16.D.12.c Packet Pg. 2505 Attachment: 4337-194-R Mod #1 Collier County stamped (17684 : University Extension HMGP Agreement Modification) 16.D.12.c Packet Pg. 2506 Attachment: 4337-194-R Mod #1 Collier County stamped (17684 : University Extension HMGP Agreement Modification) 16.D.12.c Packet Pg. 2507 Attachment: 4337-194-R Mod #1 Collier County stamped (17684 : University Extension HMGP Agreement Modification) 16.D.12.c Packet Pg. 2508 Attachment: 4337-194-R Mod #1 Collier County stamped (17684 : University Extension HMGP Agreement Modification) 16.D.12.c Packet Pg. 2509 Attachment: 4337-194-R Mod #1 Collier County stamped (17684 : University Extension HMGP Agreement Modification) 16.D.12.c Packet Pg. 2510 Attachment: 4337-194-R Mod #1 Collier County stamped (17684 : University Extension HMGP Agreement Modification) 16.D.12.c Packet Pg. 2511 Attachment: 4337-194-R Mod #1 Collier County stamped (17684 : University Extension HMGP Agreement Modification) 16.D.12.c Packet Pg. 2512 Attachment: 4337-194-R Mod #1 Collier County stamped (17684 : University Extension HMGP Agreement Modification) 16.D.12.c Packet Pg. 2513 Attachment: 4337-194-R Mod #1 Collier County stamped (17684 : University Extension HMGP Agreement Modification) 16.D.12.c Packet Pg. 2514 Attachment: 4337-194-R Mod #1 Collier County stamped (17684 : University Extension HMGP Agreement Modification) 16.D.12.c Packet Pg. 2515 Attachment: 4337-194-R Mod #1 Collier County stamped (17684 : University Extension HMGP Agreement Modification) DIVISION OF Ron DeSantis Governor �sss 5 •~BOO SIY ,� . STATE OF FLORIDA EMERGENCY February 25, 2020 Twyla Leigh Director, University Extension Service Division 14700 Immokalee Road Naples, FL 34120 MANAGEMENT Jared Moskowitz Director Re: Project #: 4337-194-R, Collier County, IFAS Building, Wind Retrofit Dear Twyla Leigh: Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract number H0311 between Collier County and the Division of Emergency Management. Please forward all Requests for Reimbursement (Attachment D) to the Division of Emergency Management at the following address: Mike Lalbachan, Project Manager Florida Division of Emergency Management 2702 Directors Row Orlando, Florida 32809 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Mike Laibachan at (850) 815-4571. Respectfully, Miles E. Anderson Bureau Chief, Mitigation State Hazard Mitigation Officer MEA: kmla Enclosure DIVISION HEADQUAR T E R S Tel: 850-413-9969 -Fax: 850-488-1016 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www-FloridaQlsaster.gLq 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Agreement Number: Project Number: H0311 4337-1194-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 Gomm€tted 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: 59-6000558 FEMA-DR-4337-FL July 26, 2019 -Upon execution through July 31, 2021 $2253000.00 $225,000.00 $226,000.00 Wind Retrofit Project Federal Emergency Management Agency FL Division of Emergency Management Mike.Lalbachan@em.myflorida.com 97.039 Hazard Mitigation Grant Program NIA Indirect cost rate for the Federal award: NIA If 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-Reciplent"). 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-Reclpient'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. Ill, 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. VL 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. o. 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: Mike Lalbachan Bureau of Mitigation FL Division of Emergency Management 2702 Directors Row Orlando, Florida 32809 Telephone: 85 0-815-4571 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: Twyla Leigh University Extension Service Division Collier County 14700 Immokalee Road Naples, Florida 34120 Telephone: 239-252.4800 Email: twyla.leigh@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 a (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 July 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. (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 $225,000.00. 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 locrally bind the Sub-Reci len , 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 C< 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-Reciplent against a performance measure, outlined in Attachment A, that clearly delineates: L 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 ("Compen satlon—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, fa ilure 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 l~xpenditures, 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), 5 c� 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 S ub-Recipient's written travel policy; and, ii. Participation of the individual in the travel Is necessary to the Federal award. 1. 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. §200,63, the term "improper payment" means or includes: 1. 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)RFGORDS 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) fiscal years from the date of completion of grant cycle or project. 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 fatten. 11. 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. 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, 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 copses 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, 7 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 atone, 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. t. The Sub-Recipkent 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. (I I)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 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_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: htip:flharvester.census.gov/fac/oolleot/ddeindex.htmi h. The Sub -Recipient shall send any management letter Issued by the auditor to the Division at the following address: DEMS€ngle_Audit@em.niyflorida.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 16 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c, The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, 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-Reclpient 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 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. 10 3 (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; 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-Reclpient 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)DEFAU LT 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-Reclpient fails to cure this adverse change within thirty 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)REM EDI ES If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a, Terminate thls Agreement, provided that the Sub -Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address In paragraph (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, il. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, !I!. 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 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 Ghapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of fu nds, by providing the Sub -Recipient with thirty 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 12 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 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 - 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 D€vision's review, the Sub-Recip€ent 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: 13 t paragraph (17) above; and, solicitation. Terminate this Agreement in accordance with the provisions outlined in ii. Refuse to reimburse the Sub-Reclpient 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 11 to 2 C.F.R. fart 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 11, 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, (ii) the subcontractor Is bound by all applicable state and federal laws and regulations, and (Ili) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. 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: 14 business; companies; contracts; equivalent; i. Place unreasonable requirements on firms in order for them to qualify to do H. Require unnecessary experience or excessive bonding; €ii. 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; viil. 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 G.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 (Le. 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 ("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 sot 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 ili, 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 N — 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 days of receiving notice from the Division. 16 (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 ill this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference, The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the 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 sea•), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. 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 17 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 Total) 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; iti. 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-Rocipient shall send to the Division (by email or by facsimile transmission) the comploted "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. 1. 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 -Recipient of the employment provisions 18 f� 10 -i contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. t. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless It would not be in the public interest or unreasonable In cost. (23)L©BBYING 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." III, The Sub-Reciplent 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. 19 # Y- 1. j (24)COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED EELOW, 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 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 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, 20 (;;.. (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 tabor 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: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, 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, 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. i€. 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, or national origin. iii. The contractor will send to each labor union or representative of workers with wNch 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. V. 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. vi. 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 21 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. vii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) 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 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. e. 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 wil I 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 11, 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 22 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-Reclpient 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. i€. Subcontracts. The contractor or subcontractor shall Insert In any subcontracts the clause above and such other clauses as the FE;MA 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. (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.G. 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 wook. The requirements of 40 U.&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. 7401-7671 q) 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). 23 �r�i (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: €. 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 G.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. Ill. 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 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-Reclpient, 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 24 t a= affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: I, 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; ill. 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 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 clown 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 The Sub -Recipient shall comply wlth any Statement of Assurances incorporated as Attachment C. 25 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB -RECIPIENT: By: Name an( Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: tleSi y E. Anderson, for Name and Title: .fared Moskowitz, Director Date: 2-- %-7 —j'VVV Approved 118 to form Alin Icgality nnifer A. Belp Assistant County At army �� ATTES'C CRYSTAI Y,,' C1N#L, CLERi�C'• BY Abe Wo I r signatur6 only....... r9�11r 26 I 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: R25,000,00 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 103-326 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-Reciplent Is to use funding to perform the following eligible activities: • Retrofitting of existing buildings and facilities 2. 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, 27 Attachment A Budget and Scope of Work STATEMENT of PURPOSE: The purpose of this Scope of Work is to protect the University Extension Services` IFAS Building in Naples, Collier County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337- 194-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub-Reciplent, Collier County, agrees to administer and complete (he project per scope of work as submitted by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub - Recipient shall complete the 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 retrofit Collier County, University Extension Services' IFAS Building, located at 14700 Immokalee Road, Naples, Florida, 34120. Coordinates: 26.305736,-81.593431. The proposed project consists of protecting the building by replacing the existing windows and doors with hurricane rated windows and storm front doors. The project intends to protect the integrity of the building envelope and reduce potential damage from future wind events. Wind protections shall be provided on any other opening such as vents, louvers and exhaust fans. All Installations shall be In strict compliance with the Florida Building Code or Miami Dade Specifications and all materials shall be eertified to meet wind and impact standards. The local municipal or county building department will inspect and certify Installation according to the manufacturer specifications. The project shall provide protection against 169 MPH winds or the wind speed protection and impact requirements indicated by the effective Florida Building Code at the time permits are issued. 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 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 sufflclent source documentation and be in accordance with all applicable regulations. The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per sealed engineering designs and construction plans presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA, The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksile for the duration of the work. The contractor shall maintain all work staging 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. 28 i �v•}� ;C: i 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 procurement and installation of all opening protection products in accordance with the HMGP application and associated documentation as presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient shall ensure that all applicable State, Local and Federal Laws and Regulations are followed and documented, as appropriate. The project shall protect the structure from windblown debris resulting from high wind storms which shall allow the function of the structures to continue following a severe wind event. The Sub -Recipient shall fully perform the approved project, as described in the application, in accordance with the approved scope of work Indicated herein, the estimate of costs indicated herein, the allocation of funds indicated herein, and all applicable terms and conditions. The Sub -Recipient shall not deviate from the approved project terms and conditions. Upon completion of the work, the Sub -Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county building department (official), or other approving official, as applicable. The official shall Inspect and certify that all installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub -Recipient prior to Sub -Recipient's submittal of the final Inspection request to the Division. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation shall include: a) Copy of permit(s), notice of commencement. b) Local Building Official Inspection Report and Final Approval. c) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. d) Pursuant to subsection 553.896(2), Florida Statutes, projects Including the construction of new or retrofitted window or door coverings must conform to design drawings that are signed, sealed, and inspected by a structural engineer who is registered in this state. The Sub - Recipient shall provide an inspection report and attestation or a copy of the signed and sealed plans to the Division before payment will be made. e) Proof of compliance with Project Conditions and Requirements contained 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 focal 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. 29 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. Construction Expense: 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-Roolpient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as Identified in the project application, and plans. The requests for reimbursement 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 final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables; Mitigation Activities consist of providing protection to Collier County, university Extension Services' WAS Building, located at 14700 lmmokalee Road, Naples, Florida 34120, by replacing the existing windows and doors with hurricane rated windows and storm front doors. Protection shall be provided on all exterior openings, such as doors, windows, skylights, vents, louvers and exhaust fans on the structures. 30 __ The project shall provide protection against 169 MPH winds or the wind speed protection and Impact requirements indicated by the effective Florida Building Code at the time permits are issued. Pursuant to subsection 553.896(2), Florida Statutes, projects including the construction of new or retrofitted window or door coverings must conform to design drawings that are signed, sealed, and inspected by a structural engineer who is registered in this state. The Sub -Recipient shall provide an inspection report and attestation or a copy of the signed and sealed plans to the Division before payment will be made. 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 to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub -Recipient shall provide a copy of the Notice of Commencement, and any local official Inspection Report and/or Final Approval, as applicable. 3) The Sub-Reclp[ent shall submit all Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. 4) All installations shall be done in strict compliance with the Florida Building Code or Miami Dade Specifications. All materials shal[ be certified to meet or exceed the wind and impact standards of the current local codes. 5) Product Specifications documentation satisfying protection requirements forali products utilized shall be provided to the Division for closeout. 6) The Sub -Recipient shall follow all applicable State, Local and Federal Laws, Regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. Glazing In structures shall be Impact resistant or protected with an impact resistant covering meeting the requirements of SSTD 12, ASTM E 1886 and ASTM E 1996, ANSIIDASMA 115 (for garage doors and rolling doors) or Miami -Dade TAS 201, 202 and 203 or AAMA 506 referenced therein as follows: a) Glazed openings located within 30 feet (9.1 m) of grade shall meet the requirements of the Large Missile Test. b) Glazed openings located more than 30 feet (9.1 m) above grade shall meet the provisions of the Small Missile Test, c) Louvers protecting intake and exhaust ventilation ducts not assumed to be open that are located within 30 feet (9144 mm) of grade shall meet requirements of the Large Missile Test. Impact -resistant coverings shall be tested at 1.5 times the design pressure (Positive or Negative) expressed in pounds per square feet as determined by the Florida Building Code, Building Section 1609, for which the specimen is to be tested. 7) The local municipal or county building department shall inspect the Installation according to the manufacturer specifications and ensure that the above referenced standards have been met; documentation shall be provided to the Division for closeout. 31 r'ti= 8) The materials and work funded pursuant to this Sub -grant Agreement are intended to decrease the vulnerability of the structure to property losses and are specifically not intended to provide for the safety of inhabitants before, during or after a natural or manmade disaster. 9) The funding provided by the Div€sion under this subaward shall compensate for the materials, tabor and fees for the hardening activities as a retrofit measure for the Sub -Recipient's structures to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. The funding of this project by the Division does not confer or Imply any warranty of use or suitability for the work performed pursuant to this agreement. The State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including, but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a particular purpose, merchantability, or merchantable quality. 10) This project has not been evaluated by the criteria contained in the standards of the Department of Homeland Security, Federal Emergency Management Agency guidance manual FEMA 361-Resign and Construction for Community Shelter, and thus does not provide "near absolute protection". It Is understood and agreed by the Division and the Sub -Recipient that the structure may have vulnerabilities due to age, design and location that may result in damage to the structure from wind events even after the installation of the mitigation measures funded under this Sub -grant Agreement. It is further understood and agreed by the Division and the Sub -Recipient that the level of wind protection provided by the mitigation action, although meeting State standards and codes and enhancing the structural integrity of the structure, does not ensure the safety or survival of occupants. D) Environmental: 1) The Sub -Recipient shall follow all applicable state, local and federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals, Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. If project is delayed for a year or more after the date of the categorical exclusion (CATEX), then coordination with and project review by regulatory agencies must be redone. 2) Any change, addition or supplement to the approved mitigation measure or scope of work that alters the project (including other work not funded by FEMA, but done substantially at the same time) shall require resubmission to the Division and FEMA for revaluation of compliance with the National Environmental Protection Act (NEPA) and Section 106 of the National Historic Preservation Act (NHPA) prior to -initiation of any work. Non-compliance with these requirements may jeopardize FEMA's ability to fund this project. A change in the scope of work shall be approved by the Division and FEMA in advance regardless of the budget implications. 3) If any ground disturbance activities occur during construction, the Sub -Recipient shall monitor ground disturbance during construction, and if any potential archeological resources are discovered, shall immediately cease construction In that area and notify the Division and FEMA, 4) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. 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. 32 4) Project Is approved with the condition that the enclosed fist 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 for closeout. 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) 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. 7) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. This is FEMA project number 4337-194-R. It is funded under HMGP, FEMA-Irma-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 July 26, 2019; this Agreement shall begin upon execution by both parties, and the Period of Performance for this project shall end on July 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 6) Take other remedies that may be legally available. SCHEDULE OF WORK State/Local Contracting Process: 3 Months Permitting: 3 Months Bidding and Contracting: 3 Months Construction / Installation: 12 Months State/Local Inspections: 2 Months Closeout: 1 Month Total Period of Performance: 24 Months 33 f :; BU13GFT Line Item Budget* Project Cost Federal Share Non -Federal Share Materials: $210,000.10 $167,500.07 $52,500.03 Labor: $89,999.90 $67,499.93 $22,499.97 Fees: $0.00 $0.00 $0.00 Initial Agreement Amount: $300,000.00 $225,000.00 $75,000.00 *"Contingency Funds: $0.00 $0.00 $0.00 Project Total: $300,000.00 $225,000.00 $75,000.00 *Any line item amount in this Budget may be increased or decreased 10% or less without an amondment to this Agreement being required, so long as the overall amount of the funds obllgatod under this Agreement Is not Increased. *** This project has an estimated $0.00 In contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part Ul, D.3.4 -- Contingency funds are not automatically available for (Ise. 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 (F1)EM). 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 Federal Share: $225,000.00 (75%) Non -Federal Share: $75,000.00 (25%) Total Project Cost: $300,000.00 100% 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 FFMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Assistance Guidance- February 27, 20115 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-reclplent 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-reclplent 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 I I, 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, 35 y (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 meat 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 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 36 fs (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 37 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 small 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 tabor 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. (0 It will comply with 0) 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 38 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 1976, 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 11376 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.tema.govlgoverninenta/granUsfha_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.G. 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 act€v€ty; and 39 F j (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, fart 800 (2)(e), the Federal Emergency Management Agency (FEMA) may require the Sub-reclpient 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 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 properly 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 40 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-reolpient 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 2040c and 42 U.S.C, 3601- 3619), as amended, rolating 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. 1631-1544; (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; 41 r� - tt�i`', �1t (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 facilitles); 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.G. 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). 42 ..j {11) Comply with all applicable standards, orders, or requirements Issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1867h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Decutive 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. 43 `, SUB -RECIPIENT: REMIT ADDRESS: Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS Collier Cou CITY: STATE: ZIP CODE: PROJECT TYPE: Wind Retrofit PfZOJECT M 4337-194-R PROGRAM: Hazard Mitigation Grant Program CONTRACT #: H0311 APPROVED BUDGET: FEDERAL SHARE: MATCH: ADVANCED RECEIVED: N/A AMOUNT: SETTLED7 Invoice Period: To Payment#: Eligible Amount 100% (Current Request) Obligated Federal Amount 75% Obligated Non- Federal 26% 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. SUS -RECIPIENT SIGNATURE: NAME / TITLE: DATE: TO BE COMPLETED BY THE DIVISION APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT $ DATE 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: Wind Retrofit PROJECT #r:: 4337-194-R PROGRAM: Hazard Mitigation Grant Pro ram CONTRACT M H0311 REF NO2 DATE DOCUMENTATION 4 (Check) AMOUNT ELIGIBLE COSTS 100% 1 2 3 4 5 7 8 This payrnent represents % coinpletton of file project. rorat_ 2 Reclplent`s intemal mferencrg number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, Or Schedule It) Date of dalivery of articles, completion of work or performence services. (per document) ° List Documentation (Recipient's payroll, materiof out of recipient's stock, recipient owned equipment and name of vendor or contractor) by oalogory (Materials, Labor, Fees) and tine item in the approved project line item budget Provide a brief description of the articles or services. Ust service dates per each invoice. 45 i F/ 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 90 days. Submit Attachment D with the cost share breakdown along with Attachment E and at I supporting documentation, ESTIMATED EXPENSES BUDGET CATEGORYILIN E 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 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, 2665 Shumard Oak Boulevard, Tallahassee, Florida 32399, withln thirty (30) days of receipt, along with any interest earned on the advance. 46 o Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM Instructions: Com late and submit This form to the a ropriate Project Manager within 75 days of each quarters end data. SUB -RECIPIENT: Collier County PROJECT#t: 4337-194•R PROJECT TYPE: Wind Retrofit CONTRACT It: H0311 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: Contract Expiration Date; Estimated Project Completion Date: Project Proceeding on Schedulo? ❑ Yes ❑ No (if No, please describe tinder 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: (VOTE: Division of Emorgonoy Management (OEM) staff may perform interim inspections andlor audits at any time. Events may occur halween quarterly reports, which have significant impact upon your profect(s), such as anticipated overruns, changes in scope of work, etc, Please contact the Division as soon as these conditions bocome 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: 47 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 applicable. Licensing and Permitlin 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. 48 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 Gate 49 Collier County Sub -Recipient's Name H0311 nEM Contract Number 4337-194-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 httpa/www.usaspending.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 #: 4337-194-R FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $ 225,000.00 OBLIGATION/ACTION DATE: July 26, 2019 SUSAWARD DATE (if applicable): DUNSM 076997790 DUNS# +4: *If your company or organization does not have a DUNS number, you will need to obtain one from Dun & Bradstreet at 866-706-5711 or use the web form(littp://fedgov.dnb.com/webform). The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: Collier County Board of County Commissioners DBA NAME (IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: 3299 Tamiami Trail East ADDRESS LINE 2: Suite 303 ADDRESS LINE 3: CITY Naples STATE FL ZIP CODE+4** 34112 PARENT COMPANY DUNS# (if applicable): NIA CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): DESCRIPTION OF PROJECT (Up to 4000 Characters) 97,039 As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to retrofit Collier County, University Extension Services' IFAS Building, located at 14700 Immokalee Road, Naples, Florida, 34120. Coordinates: 26.305736,-81.593431. The proposed project consists of protecting the building by replacing the existing windows and doors with hurricane rated windows and storm front doors. The project intends to protect the integrity of the building envelope and reduce potential damage from future wind events. Wind protections shall be provided on any other opening such as vents, louvers and exhaust fans. All installations shall be in strict compliance with the Florida Building Code or Miami Dade Specifications and all materials shall be certified to meet wind and impact standards. The local municipal or county building department will inspect and certify installation according to the manufacturer specifications. The project shall provide protection against 169 MPH winds or the wind speed protection and impact requirements indicated by the effective Florida Building Code at the time permits are issued. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): UFIIFAS Collier Extension Building ADDRESS LINE 1: 14700 Immokalee Road ADDRESS LINE 2: ADDRESS LINE 3: CITY Naples STATE FL ZIP CODE+4** 34120 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 51 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 ❑x If the answer to Question ? is "Yes," continue to Question 2. If the answer to Question 9 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/answerstexecomp.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: 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. 52 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: k DATE: 52 //,3 Z��:o 53 Attachment J Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined In Appendix H 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: 54 OMO Guldanco (M Pavis-flacon Act, as anientlod NO U.S.C. 34i1-214Q), Whan required by Yoilcrol pra rats loglslatton, all prink ConxirUCEtun cantlaeLB lit oxtusa of 3-2,M awmled -by non-1'odernl outitlas nn13t lnultlsia a ptovision for ronipll- mos wit-h the I)aV14-I1.1.con ALL (40 U.S.O. 3141-2114. nail St tC-h10.) as tupplelmli€a:l by I)epartrne U of i,abor reirulatttons 120 (11-]I- Part s, "l.nhor Staadiadki 11ravinlons Ar,sU- tiabia to Cnnliaols Covering Vvilarally Pl- nanead and Aoolatea ConrItt'tlatlon"). In ac;- Onlmwo wall the statute, Wiltmelom muaL be required to pity %mgos to faboom and MO- olmnlca at s rtto noti lez Ulan the pirtenllillg wager raptlUM in a wagii tlotormhra(lon maile by tha Efem tarn of labor, In ndd[tloa, collinw1ot's must ba rotinited to pay ,VggQ;i nab 1€vs tbalt oncU a WCOk-'1.110 nag -Federal omits trust Plaea a copy of 010 curront• pro- vatling walfa dettnminAtlert IssItUJ tap 1-111' Do- {{ I Mont. or Libor 11) oach Sol 101tat4on. TO daalatots to am;trd a conlraol at- subcontrant must to (ondlFlonod Spin tho accaptalice of the w39Q S DWM n11IMMI)n- The ran-Pallprvl 09- t1t;v must Mport nil su.,pected or reported violations to the Federvil awarding agency. Tim, contiv[ta most also Itntluile a proVJ SUM for campilane4E vfith the Copeiand "Atlu- Klokblak" Act (40 U.S.C. 314a1, ns supplo- mente-3 by Nliartmont of lAtint mgM.-Alitolvi (^) OPR Part :1. " Wrikraotori and Snb- contractolx on Puhlle Building or I'gbilu %Vnrk Phtaneod in Whole at, in Past by Loans or antnts from No United 17to Aot, Ploviles that 031211 contractor of ;sub- ta:iplent trust isa prolstbtted irnirl ln3uaing. by any mocuss, any lsn:con omployed In rho aonfitm;MOU, camplohoa, or rolialir of Public JYiyrt:, to glva Up ant' psrL OF 1,110 rutillausa- ilon to whlolt he of stsa Js other wins onOtled- T110 non-Pod0141 Olstdty imlL't t-_Ixsrt all snc- rysated ar roportod vlalattaim I* tha Podaral awoldnL, a,�,E•nCY. (X) t'onttaoi Work Maur, and sxitty Standar•Els Ut (14 U.S•C. ar01-•:aUd)- Whux, applicaalo, all coutracts awarded by t1w non- Fodaml 4111.1ty In excem, of 4100.0w tbat its- volvo thn amplayment or ntoell;tilles or Jalwr- am must Include a provllllon for compiianev w(tit •10 U•S.C. 37n an413701. as sapplamenwd by I)epartmorit of Labor r alatianp (20 MR. Part s). Under 40 U X.C. g102 of the Act,. each canlntctur must bo retltlire 1 kn cnmlIll ilia wxms of overy moeb3nto and laWial• Q11 llto Ltxslls of a standard %park aUelc of 40 hours. %York I i oxcos; of ilia standawl. work tveolf la patintmlblo provide;( plat• the Worker is tom - at a t:da or gat less than ono and a 11:11f ttnlo3 filo h.^tole rato of pay for all Routs worked in "Osss of 40 houre 1n the work weak. 'l'ho mqutromools of 40 U.SG- 3701 am applleablo to nonKtructton tvark and provide that. no lahoror or m"barila Inuit bo Io- ilutrod to %park In ruvro uldingil ar Under worklrg eondittous which aro to sani(-xry, hasrdoo : or dorgaroink. These requlremenls do not apply to the parclumes of supplies or 55 Pt. 200, App. 11 nialormis or artteles aWliiai9ly avatlablo on Lim o.twn markoL, at* contreots for ta•anepor- t 4tlau or tran'enasion of tntolllgonlrk. qq Alvhta to Invontlorrs hlaila Under a ConhAotOrAgreement, If tiro YoiloraI award lAOottt the doFinition of "IMEhlr? agroomonb" Under 37 CFR �401.2 (a) and lbo reelplent oP subreetpiont •+ilslws to ontar into a eontiact with it small business fit III or nonprofit arga- alr3tion rKuLldmg Idle ;SR14 tutlon or WI.- U(m, afisiglimPnl. at, perfornialh.a or expeti- mruial. dovolormenta), or reimrult Work under that "funding aRroomint," Ilia roclld- onL Orsubrealpient mUnl comply with the ro- qulrenientsofil; GBII. 11ari.40t, "Rights to In- voniions Jlade by longroitt Orgart a"On, and Small Iluslitass PltTis Un4vr Givern- mMtt Grants, ContmoLs and CnopalAttvo AmLomonts:" and any implom.ntinli "Vola- tin1r91ssawl by tha awarding t,anoy, (0) Uluan Air Act 142 U.S.C. T40170T1q.) and the IkkIanl R'ntcr Pollution Control Aat, (33 125143t17). its :snsanded—C-0it[a acts avid kiubgran s of amounts in oxcass of SlfAr.040 must, trontain a provision (-list, torp imi; i•be non-}'oderal award to ;jgroo to comply with all applIMIJIe stgndnl•dn. U111010 or trgula• bons lmimtt pursuant to the Clean Air Act (¢2 U,B.G. 1401--7G11(1) and (ho Podotal [Ystrl- Pollution Colitrol Aatas amenEl;d (33 U.S.U. t251-1237). 1'iulattons n %ant, bo roportod Io the I'edelal asr,ivilnl agency and tbo _I10i*I01i;E! offico of ilia hrivhotunontsl ]'rotoction Agoncc (Y,PA). ill) Muidatory standatds and pollcies ra• lating to onorffy �fflcloncy which nto coit- taln^_ct in IN) ot.tta enetsty con.=arvamon !halt Issued in compliance witu the LnelV,v I ui1Cv and Cau:atvotion Act 142 U.S.G, fi261 J. th l3abatltlont and .WSPGR91an (Mocut40 Ordtos 1961D and SDlh3)—A contract award (tali 3 CPR MUM) rnunl• not tm mado to 1Ktr• min )Isted on Elio govotlinientsvliln l;.icludrxl Particv List, Sa5tom Ill tha Systont for Award 11SanaealnaRt t5AM). in Rmorilanca with Elio Mill �U1da11ne5 at 2 OPR 120 that• implPinprit blx0autiva 011ters MMB Gl f1[•'li. PTri 7t1Ht: Comp.. P, Will ittxl t M (3 evil part 19 ) Camp., It. 231i), -I)obalfnalti•and BUEPensmn:' 'Vila Flxalnded I:srtlos List S SUlli ni $AM enniams Ilia names of part"(1e1siirml, mr_s- ponded, or otllorivlso oxotudo4by iRanomm-as well Eta p3r(los doe)arett inellobla ilndersLjt- utory or rognlatart• antliorlts• othor than 1•Ix. eanttvo Orator MID, (J) li.srd Antl-Lobbying Amendnimnt (31. U.S.U. 1332)mContractOm that spills or tsld for an Atvalel or$400,t)'34 or more niiist file tho ritgU0.bd COKIIICatlall. (:ash Mar Ceetlfiea to the leer alcove th-AL Ei. Will not and has not Uaad >:edet:tl aPpropriated funds to pay any pperaan or organlrAition for Influonoing or At- totnpttng to influence, in offlUerat• ompfoyoc or nit<• agency a me im, or eormner;s, orfirm- at• smployoo 4 Coligress, or an emplocon of a mvnibar of Corlgriv In eonnoctlon with ob- t.4111tng ani' lfetlrrll canitaet, grant Or any 195 Pt. 200, App. ill atlinr award covered by 31 tf, S.f , €'153. Mich t4or must else dlsetwe ells lubbylrw with non-padomi fonds that t,skes lllae4 in coll- licet.lon ivith ohtamfn4 alit/ kodnral award. Suob discle:summ it-, forwarded from tier to tier up to Who non-Padoral award. (t+l Ran UV.372 Procnremmnt of tovowrod. mat. rlala. Amwnmm Ht To YAR,r 200—tnninr: iT (F,14N t,'Gwrq IDERVIVICNIFION AND ASSICIVNI 91', AND BATH 1)).t'fiftAlltfA- TION FOR N&PITUTIr]UR ov H1t31ut11- Idlmo,LTIo2;• (UM, 9) A. (Ir•UNKRAN Thls appondix provides cr[tarla ror• Idrntl- fylnif ilia annillutintr fntllract (or Indlawt (1%-A)) Vim ill, HIP4 (tn5titutinus). Indlrant (FICA) cost•e aro those that are Inrrr-ml for common or joint. abjaatmmii And tharerova cannot be I4ent11INI ro:aMY and spnl=IfIc"II y with % p�rtivulal' zp nsorad project, an In• strucllonAl Activity, Or any other Instttu- t)onal act IV Soo wbseotaon BA, I)efllll- lion it vicnitlos and Administr:ttton, for a dlsumlon of the :•ompononts of inihrw L- (M-A) ua,ta- 1. Major Faucilons ofoa bistffrdfon Itelorx to Instruction. argaillwNt ivsoarch- other spini:W'd aativltrM AIMI ether' Inotltu- tlinxl activttlas an4lalinN In thll; soetlon: a. Imiracdon Ionians €Bc teachme and lraining Activities of all 111:1110i161on, jsxcolit for rasviruh ta:Untrot as provlilchl In sub- 1. —ton ly. this term includes all toaehluu mid tralmng aetivltdas. whottier they aro offered for OrOdltS insvalA a B,VrDa ar WrtlAcate or on A non-credit basis, cud whether that' aic orfera+l throuvh rovigat• acadamle dofart.- 11101tS or snlralalo e11vtSIcnt:, such as a sum- mor, e;t:hool divulon ar an oxt islati durfmon. Also couutllered part: of Uds ninjor funutfou arc tie"�v,t ansonuil rosoarnh, and, whom agrno:l to. unsvermy resin ua. Ilj gponrored horivertlob nlld 1ra1NN'o ill mllu slvolflc instritattonal or triining activity o_r- tablinhM by grant, rontt set. or voopor:ttivo &TItilpnrCrkt: For purposc>,3 0( idle cost prin- clples, sills activity mac be coauldared a major flmatdon ovan though an Institution's acvoun-lily (t-oximalit may Inuludo It lit 1-11 Instruction Rrnotloll. l2) Ilep urfuumfol mearreh nleana research, davelopment and Feholarly activiilos that are net organl2ed resvalvll and, con- sfInantly. aro not , tKarately budgeted and :teaalllil-0d fur- UaparLlnenhl rasaarch, for purposes of hits donumont, I not considerod as a major function, but as a ixitt or the m- sttuauon tunoWan of ilia Instltrit•Ian, b. 0roaxfxed resrurch momis all remumit and dow0opmeal, Aetivltdos of An institution tint- aro wp:sratety bud,atod slid kewmitmi Air- it lncludw. 56 2 CfR Ch. 11 (1-i-14 Edlllon) (L) .51lDe;aorcd WR..+trch. rncana All rtlirear 011 and development activities that, aro apon- sored by Pedelal and non-vaderal ngonvies and asl vntrak•3uns. 91ilr Larm moludoa acLivl- t€es rnYDIVITIV the Iratllllr;,+' of Indlvldaals In rczealvh tacbntgnpx je mmilly calhia va- zoarch training) ivllnru sueb avtlyl(Im utilize ilia Sarno Mullitles aS ol:lsor researoh and de- valopinout• actfiltdos and where such nctivi- Ues, are not Included lit the tmtttrroLlon rutic- Lion, 12) UplIvaralttr research moans all nimoarnh and davolopmont; aolitltlus that ar.I salui- I:3telyY t:ndtet)4 And 1QCOUIlU1l for bg t11R In- st(ttrldnn under an Internal Ap)lt,attoh of In- stitutionaf filndS, l)nlvorsl�v rPZi0ar4jh, for ppurposes of thug document. tnnyt be Com- llhrad with iipoil rod rosearah under ilia function of organized rosentLh. D, 0e11s:r . rrsored ocfftlifel mainD programs xnd psn)nala fvtancod by Perlertl and non- 1'adoral agencleS and orgAnlrrt.lens whic:b In- volve ilia perfermance of ivovk mien- tiler In- struction and oMmilized tweatch. i}xamplels Of such plvelflrn5 and prejeD{S don )IM101 lm,viva projacft and commurrik4 service pro- gl;rinm. lfusvoyor, iviiDn arse of thoaa uoilvitles as r ander(sltdn by tits, Institution ivltliout aut.ldo support. they rmty bo olavirted as Dialer lnstitutronal A(Mvttlos. d. 00mr ietrriturl000t ae:Ifulfies means all ;sir tfv1L16 of an Institution oxcmt for In->Vtlt- tion. (tapxltnli'ntrl I'march, arRohl.'lnd 110- aouvCh, :snd other sponxired nctivittes, nx 44, f innd in this Soutran; indiroct IYkAl CDSF, ae- tivillm [llattflflod in th$% Appendix tarn- grallb 11, Idantlfluation and as lIguniinit of In. (threat 117hAJ cos(s: and =1% mlallxed Sal'Sr 09 facilities daaarlbod In S200.ir1) SpOclalaad ul vica PLOJItloy or tills fart, F xamples of other InutiCntlenal avltvlLlcu Inuludo upor•atton of mslclonm, lralis, dining darts. hospitals And ohnlvs, attldenf• unlons, Intel colicnlateathlotsas, riaakstorm. farulty housing. student aplrlmnilts, guest hausoa. alialmla. thoxters, publtc munoumS. And other similar auxhllary cmlorpi lies. Thra defluf tion ,O'A Includes any other categos•itvs of aabtvt- ties, coats or M1104 aro "unallowable" to Pettural awards, illfl x,% othetwiso Indic-ited In an Award. 1. Uruwa for Illsfrfbnrlon n. here pmod, A llasa period for AlAtrilm- laon or indirect (FS.A) aids is the p:rlod daring which tho costar also rnuarred- The baso period normsilyy should coincide wlth the fiscal year estailflsltas[ by the Instflntlon, cut In an} ovant the baeo pemed lbutild be so solerted Au to avoid InequI M In rho din- trlhutlan of Owls. b, Nord for cesf urnayings. The overall all- )eett5e of taro lnthreat (F`4 L) seta allot-atfon ptaaecs l0 to dlatrlhlda the fndimot. cost, desrrlt-rd In Section B, Identification tad as si„nmaut of In.rlrt-lt (MAl costs, to 196 RESOLUTION NO, 2019- 2 2 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING ITS COUNTY MANAGER OR DESIGNEE TO EXECUTE THE FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT CONTRACT FROM THE FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT. WHEREAS, the Florida Department of Emergency Management (FDEM) is the State pass -through entity for FEMA .funding; and WHEREAS, the Collier County is a Sub -Recipient of the FEMA Hazard Mitigation Grant Program; and WHREAS, Collier County Board of County Commissioners has the authority to apply for and accept grants and make purchases and/or expend funds pursuant to grant awards made by the Florida Department of Emergency Management using FEMA Hazard Mitigation Grant Program funds. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT; 1. The County Manager, or his designee, is hereby authorized to revise and execute any and all documents necessary to apply for and/or receive the Florida Department of Emergency Management Hazard Mitigation Grant. This authorization includes authority to approve any budget amendments necessary to receive these funds, and to accept these funds on behalf of the County. 2. Any decision to terminate or otherwise not accept the Florida Department of Emergency Management Hazard Mitigation Grant shall first require approval by the Collier County Board of County Commissioners at a publicly noticed meeting. 3. This Resolution shall be effective immediately upon signature by the Chairman. This Resolution adopted after motion, second and majority vote favoring same, this day of `-i LLk_ 2019. 1 ATTEST: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 41 By. ,G By. t:;.a, -; eputy Cleric as to Approved as to form. and legality: � CkZ 9 _- Jennifer AChelpedio Assistant County Attorney `o