Agenda 05/24/2022 Item #16C 4 (Modification #2 updating of 53 generators of higher capacity unit)05/24/2022
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign Florida Department of
Emergency Management Hazard Mitigation Grant Program (Contract #H0419) contract
modification number two updating the capacity of 53 generators reflecting the purchase of higher
capacity units at some locations.
OBJECTIVE: To maintain compliance with local, state, and federal regulations and to improve
hurricane resiliency and operational reliability in the wastewater collection system
CONSIDERATIONS: On September 10, 2017, Hurricane Irma made landfall in Collier County and
severely impacted the entire State of Florida. In the wake of the hurricane, Collier County experienced
damage to multiple facilities and equipment. As a result of the widespread devastation, on February 2,
2018, the Hazard Mitigation Grant Program (“HMGP”) notice of funding availability was published to
assist Counties in developing greater long-term resiliency.
The Florida Department of Emergency Management (“FDEM”) awarded the County the 4337-114-R
HMGP grant on November 13, 2019. The Board approved and signed the grant agreement at its February
25, 2020 meeting (Agenda Item 11.B). FDEM countersigned the $3,351,708 grant agreement on March
18, 2020.
Scope Modification #1 was approved by the Board on July 13, 2021. This modification consisted of
amending the scope of work from permanent generators to portable generators, to request a 395 -day
extension from the original Period of Performance, and to accept budgetary changes made by FEMA.
FDEM countersigned Modification #1 on August 12, 2021.
On January 5, 2022, The County submitted a modification request (Scope Modification #2) to FDEM to
update the Generator Capacity associated with each Station in the Project Locations table located in
Attachment A of the executed contract to match those provided by the winning bidder. The County
received the approved Scope Modification #2 from FDEM on May 5, 2022.
FISCAL IMPACT: There is no Fiscal impact associated with this modification. Funding has been
previously appropriated within Public Utilities Grant Fund (416) and Public Utilities Match fund (417)
under project 33667.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
item.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval.-SRT
RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of
the Collier County Water-Sewer District, approves the attached Florida Department of Emergency
Management Hazard Mitigation Grant Program (Contract #H0419) contract modification, and authorize
the Chairman to sign the attached modified grant agreement.
Prepared By: Damian Cuadrado, P.E., Senior Project Manager, Engineering and Project Management
16.C.4
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05/24/2022
ATTACHMENT(S)
1. [Linked] Attachment 1 - 4337-114-R - Executed Contract (03-18-2020) (PDF)
2. Attachment 2 - 4337-114-R Mod #1 - Executed Contract (08-12-2021) (PDF)
3. Attachment 3 - 4337-114-R Mod #2 (4-29-22) (PDF)
16.C.4
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05/24/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.4
Doc ID: 22184
Item Summary: Recommendation to approve and authorize the Chairman to sign Florida
Department of Emergency Management Hazard Mitigation Grant Program (Contract #H0419) contract
modification number two updating the capacity of 53 generators reflecting the purchase of higher capacity
units at some locations. (Project No. 33667)
Meeting Date: 05/24/2022
Prepared by:
Title: – Public Utilities Planning and Project Management
Name: Damian Cuadrado
05/06/2022 11:19 AM
Submitted by:
Title: Director – Public Utilities Planning and Project Management
Name: Matthew McLean
05/06/2022 11:19 AM
Approved By:
Review:
Public Utilities Planning and Project Management Daniel Roman Additional Reviewer Completed 05/06/2022 2:42 PM
Public Utilities Planning and Project Management Matthew McLean Additional Reviewer Completed 05/06/2022 2:56 PM
Wastewater Robert Von VanHolle Additional Reviewer Completed 05/06/2022 3:10 PM
Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 05/06/2022 4:28 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 05/06/2022 4:48 PM
Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 05/09/2022 1:40 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 05/09/2022 2:37 PM
Grants Valerie Fleming Level 2 Grants Review Completed 05/09/2022 3:51 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 05/12/2022 3:22 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 05/16/2022 9:47 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/16/2022 10:00 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/16/2022 11:50 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/17/2022 3:05 PM
Grants Therese Stanley Additional Reviewer Completed 05/18/2022 10:14 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/18/2022 12:34 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/24/2022 9:00 AM
16.C.4
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Miles E. Anderson
Digitally signed by Miles E. Anderson
DN: cn=Miles E. Anderson, o=DEM, ou=Mitigation,
email=Miles.anderson@em.myflorida.com, c=US
Date: 2021.08.12 09:35:28 -04'00'
16.C.4.b
Packet Pg. 1053 Attachment: Attachment 2 - 4337-114-R Mod #1 - Executed Contract (08-12-2021) (22184 : 53 Generators)
16.C.4.b
Packet Pg. 1054 Attachment: Attachment 2 - 4337-114-R Mod #1 - Executed Contract (08-12-2021) (22184 : 53 Generators)
08/12/2021
Miles E. Anderson
Digitally signed by Miles E. Anderson
DN: cn=Miles E. Anderson, o=DEM, ou=Mitigation,
email=Miles.anderson@em.myflorida.com, c=US
Date: 2021.08.12 09:35:53 -04'00'
16.C.4.b
Packet Pg. 1055 Attachment: Attachment 2 - 4337-114-R Mod #1 - Executed Contract (08-12-2021) (22184 : 53 Generators)
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• .
STATE OF FLORIDA
D IV ISI ON OF EMERG E N C Y M A N A GEME NT
Ron Desantis
Governor
Michael Stevens
Senior Project Manager
Collier County
3299 Tamiami Trail East, Suite 303
Naples, Florida 34112
March 17, 2020
Jared Moskowitz
Directo r
Re: Project#: 4337-114-R, Collier County, 53 Collie r County Pump Stat ions,
Generators
Dear Michael Stevens:
Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract
number H0419 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
2720 Directors Row
Orlando , Florida 32809
If you have any specific questions regarding the contract or the Request for
Reimbursement form , please contact Mike Lalbachan at (850) 815-4571 .
Respectfully~
/2. Mile~~derson ?;;;;?~ BC--
/' Bureau Chief, Mitigation
State Hazard Mitigation Officer
MEA : km /a
Enclosure
DIVISI O N HEADQUARTE R S Tel: 850-413-9969 • Fax: 850-488-1016
2 55 5 Shum a rd Oak Bou I eva rd www.FloridaDisaster.org
T allahassee, FL 32399 -2100
STATE LOGISTIC S RESPO NSE CENTER
2702 Directors Row
O r lando , F L 32809-5631
Agreement Number: H0419
------------Project Number: 4337-114-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:
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:
Tota l Amount of Federal Funds Obligated to the Sub-Recipient
by the pass-through entity to include this Agreement:
Total Amount of the Federal Award committed to the Sub -
Recipient by the pass-through entity
Federal award project description (see FFATA):
Name of Federal awarding agency:
Name of pass-through entity:
Contact information for the pass-through e ntity:
Catalog of Federal Domesti c Assistance (CFDA) Number and
Name:
Whether the award is R&D :
Indirect cost rate for the Federal award :
Collier County
596000558
FEMA-DR-4337-FL
November 13, 2019
Upon execution through November 30 ,
2021
$3,351 ,708.00
$ 3,382 ,500.00
$ 3,382 ,500.00
Generators
Federal Emergency Management Agency
FL Division of Emergency Management
M ike .Lalbachan@em .myflo rida .com
97.039 Hazard Mitigation Grant Program
N/A
N/A
THIS AGREEMENT is entered into by the State of Florida , Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Collier County,
(hereinafter referred to as the "Sub-Recipient").
For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal
award , and the Sub-Recipient serves as the recipient of a subaward .
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Sub-Recipient represents that it is fully qualified and eligible to receive these gra nt 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 condi t ions
outlined below; and ,
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE , the Div is ion 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 t he 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 federa l or state
assistance", applies to this Agreement.
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F .R. Part
200, entitled "Uniform Administrative Requirements, Cost Princ iples, and Audit Requirements for Federal
Awards."
b. As required by Section 215.971 (1 ), Florida Statutes, th is Agreement includes :
i. A provision specifying a scope of work that clearly establishes the tasks that
the Sub-Recipient is required to perform .
ii. A provision dividing t he agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
di rectly related to the scope of work and specify the required minimum level of service to be performed
and th e criteria for evaluating the successful completion of each de liverable.
iii. A provision specifying the financial consequences that apply if the Sub-
Recipient fails to perform the minimum level of service require d by the agreement.
iv . A provision specifying that the Sub-Recip ient may expend funds on ly for
allowable costs result ing from obligations incurred during the specified agreement period .
v. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Di v ision .
2
vi. A provision specifying that any funds paid in excess of the amount to which
the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by
fill 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 th is 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:
i. Monitor and document Sub-Recipient performance ; and ,
ii. Review and document all deliverables for which the Sub-Recipient requests
payment.
b. The Division's Grant Manager for this Agreement is:
Mike Lalbachan
Project Manager
Bureau of Mitigation
Florida Division of Emergency Management
2702 Directors Row
Orlando , FL 32809
Telephone: 850-815-4571
Email: Mike . Lalbachan@em .myflorida.com
c . The name and address of the Representative of the Sub-Recipient responsible for
the administration of this Agreement is :
Michael Stevens
Senior Project Manager
Collier County BOCC
3299 Tamiami Trail East, Suite 303
Naples, FL 34112
Telephone : 239-252-2589
Email : Michael. Stevens@colliercountyfl.gov
d. In the event that different representatives or addresses are designated by eithe r party
after execution of this Agreement, notice of the name , title and address of the new re presentative will be
provided to the other party .
3
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts , any one of which may
be taken as an original.
(6) MODIFICATION
Either party may request modification of the provisions of this Agreemen t. 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 November
30, 2021, unless terminated earlier in accordance with the provisions of Paragraph (17) of this
Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77 , the
term "period of agreement" refers to the time during which the Sub-Recipient "may incur new obligations
to carry out the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309 , the Sub-
Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the
period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub-Recipient
may expend funds authorized by this Agreement "only for allowable costs resulting from obligations
incurred during " the period of agreement.
(9) FUNDING
a . This is a cost-reimbursement Agreement, subject to th e availabi lity 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 subj ect 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 re imbursement amount
for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"). T he
maximum reimbursement amount for the entirety of this Agreement is$ 3,351,708.00.
d. As required by 2 C.F.R. §200.415(a), any request for payment under th is Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub-Recipien t,
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 recei pts are for the
purposes and objectives set forth in the terms and conditions of the Federal award . I am awa re that any
4
false , fictitious, or fraudule nt information, or the omission of any material fact, may subject me to c riminal,
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 comp arin g the
documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment A ,
that clearly delineates:
i. The requ ired 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 rema ins consistent with the requirement, contained in 2 C.F.R.
§200 .301 , that the Division and the Sub-Recipient "relate financial data to performance accomp lishments
of the Federal award ."
g. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for overtime expenses in accordance with 2 C. F.R. §200.430 ("Compensation-personal
services") and 2 C.F .R. §200.431 ("Compensation-fringe benefits"). If the Sub-Recipient seeks
reimbursement for overtime expenses for periods when no work is performed due to vacation , holiday,
illness , failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C.
§207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C .F .R. §200.431(a) defines
fringe benefits as "allowances and services provided by employers to their employees as compensation in
addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as lo ng 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 fo r 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:
i. They are provided under established written leave pol ic ies ;
ii . The costs are equitably allocated to all related activities , including Federal
awards ; and,
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 w il l reimbu rse the
Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061 ,
Florida Statutes , which includes submission of the claim on th e approved state travel voucher. If the Sub-
Recipient seeks reimbursement for travel costs that exceed the amounts stated in sect ion 112.061 (6)(b),
5
Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide
documentation that:
i. The costs are reasonable and do not exceed charges no rmall y allowed by
the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and ,
ii . Participation of the individual in the travel is necessary to the Federal award.
i . The Division's grant manager, as required by section 215.971 (2)(c), Flo rida 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 o f the
expenditures incurred by the Sub-Recipient.
j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or incl udes:
i. Any payment that should not have been made or that was made in an
incorrect amount (including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and ,
ii. Any payment to an ineligible party, any payment for an ineligib le good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper.
(10) RECORDS
a. As required by 2 C.F .R. §200.336, the Federal awarding agency , Inspectors General,
the Comptroller General of the United States, and the Division, or any of their authorized representatives ,
shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are
pertinent to the Federal award , in order to make audits, examinations, excerpts , and transcripts. The right
of access also includes timely and reasonable access to the_ Sub-Recipient's personnel for the purpose of
interview and discussion related to such documents. Finally, the right of access is not limited to t he
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 In spector General of
the State of Florida, the Flori da 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 t he
purpose of interview and discussion related to such documents.
c. As requi red by Florida Department of State's record retention requi rements (Chapter
119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub-Recipie nt shall retain sufficient records to show
its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement, for a period of five (5 ) years from the date of
6
submission of the final expenditure repo rt The following are the on ly exceptions to the five (5) year
requirement:
i. If any litigation , claim, or audit is started before the expiration of the 5-year
period, then the records must be retained until all litigation , claims , or audit findings involving the records
have been resolved and final action taken.
ii . When the Division or the Sub-Recipient is notified in writing by the Federal
awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect
costs , or pass-through entity to extend the retention period.
i ii. 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 ra te 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 f ringe
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 reco rds possess long-term retention value.
e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept
paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies
are submitted , then the Division must not require more than an original and two copies. When original
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic qua li ty control reviews , prov ide
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 Fed eral, state, local , and tribal laws regard ing privacy and obligations of confidentiality.
g. Florida's Government in the Sunshine Law (Section 286.0 11 , Florida Statutes)
provides the citizens of Florida with a rig ht 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 alone, is insufficient to
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then, to t he extent t hat private entity is
performing that public purpose, the Government in the Sunshine Law applies. Fo r 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 requ irements These meetings shall be pub l icly
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 specifica lly 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 del egates a public
function to a private entity, the records generated by the private enti ty'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 pub lic agency and is therefore subject to the requirements of Florida's
Public Records Law.
i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all
subcontractors o r consu ltants to be paid from funds prov ided under this Agreement, in clu ding
documentation of all program costs , in a form sufficient to determine compliance with the requ irements
and objectives of the Budget and Sco pe o f Work -Attachment A -and all other applicable laws and
regulations.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATI NG
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
8
RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555
Shumard Oak Boulevard, Tallahassee, FL 32399.
(11) AUDITS
a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement, the
Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.
§200.49 , GAAP "has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the F inancial 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, "a lso known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty (30) days after the Division has notified the Sub-Recipient of such non-
compliance .
e. The Sub-Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed
under chapter 473." The independent auditor shall state that t he audit complied with t he applicable
provisions noted above. The audit must be received by t h e Division no later than nine months from th e
end of the Sub-Recipient's fiscal year.
f. The Sub-Recipient shall send copies of reporting packages for aud its conducted in
accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following
address:
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee , Florida 32399 -2100
g . The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC
to the Federal Audit Clearinghouse by submission on line at:
http://harveste r.census.gov/fac/collect/ddei ndex. html
9
h. The Sub-Recipient shall send any management letter issued by the auditor to the
Division at the following address:
(12) REPORTS
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
a. Consistent with 2 C .F.R. §200.328, the Sub-Recipient shall provide the D iv is ion 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 th is Agreement, in addition to any other information requested by t he Divis ion .
b. Quarterly reports are due to the Division no later than fifteen (15) days after the end
of each quarter of the program year and shall be sent each quarter until submission of the administrative
close-out report. The ending dates for each quarter of the program year are March 31 , June 30 ,
September 30 and December 31.
c . The close-out report is due sixty (60) days after termination of this Agreement or sixty
(60) days after completion of the activities contained in this Ag reement, 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 repo rts and information identified in
Attachment F.
(13) MONITORING
a. The Sub-Recipient shall monitor its performance under this Agreement, as well as
that of its subcontractors and/or consultants who are paid from funds provided under th is Agreement, to
ensure that time schedu les 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.
10
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 approp riate by t he
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 Div is ion
to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate
with any inspections , reviews , investigations or audits deemed necessary by the Florida Chief Financial
Officer or Auditor General. In addition , the Division will monitor the performance and financial
management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks.
(14) LIABILITY
a. Unless Sub-Recipient is a State agency or subdivision , as defined in section
768 .28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement and , as authorized by section 768.28(19), Florida St atutes, 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 Divis ion, but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes , any Sub-Recipient which is a
state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or su its 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 w aiver of
sovereign immunity by any Sub-Recipient to wh ich sovereign immunity applies. Noth ing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
(15) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph (16); however, the Divis ion 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 represen tation made by the Sub-Recipient in this Agreement or any
previous agreement with the Division is or becomes false or mislead in g 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 unwil li ng t o
meet its obligations under this Agreement;
11
b. Material adverse changes occur in the financial condition of the Sub-Recipient at any
time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within
thirty (30) days from the date written notice is sent by the Division;
c. Any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information; or,
d. The Sub-Recipient has failed to perform and complete on t ime any of its obligations
under this Agreement.
(16) REMEDIES
If an Event of Default occurs, then the Division shall, after thirty (30) calendar days
written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty (30)
days, exercise any one or more of the following remedies, either concurrently or consecutively:
a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty (30)
days prior written notice of the termination. The notice shall be effective when p laced in the United
States, first class mail, postage prepaid, by registered or certified mail-return receipt requested , to the
address in paragraph (3) herein ;
b. Begin an appropriate legal or equitablthire action to enforce performance of t his
Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Sub-Recipient refund to the Division any monies used for ineligible
purposes under the laws, ru les and regulations governing the use of these funds.
e . Exercise any corrective or remedial actions, to include but not be limited to:
i. Request additional information from the Sub-Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
ii. Issue a written warning to advise that more serious measures may be taken
if the situation is not corrected ,
iii. Advise the Sub-Recipient to suspend , discontinue or refrain from incurring
costs for any activities in question or
iv. Require the Sub-Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
f. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fa ils to insist on strict performance by th e 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
12
a. The Division may terminate this Agreement for cause after thirty (30) days written
notice. Cause can include misuse of funds , fraud, lack of compliance with applicable rules , laws and
regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any
document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as
amended .
b. The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds , by providing the Sub-Recipient with thirty (30) calendar day's prior written
notice .
c. The parties may agree to terminate this Agreement for their mu t ual convenience
through a written amendment of th is Agreement. The amendment wi ll 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 w ill not incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has received the
notification of termination. The Sub-Recipient will cancel as ma ny outstandi ng obligations as possible.
Costs incurred after receipt of the termination notice w ill 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 requ ired by 2 C.F.R. §200.318(i), the Sub-Recip ient shall "mainta in rec ords
sufficient to detail the history of procurement. These rec ords will include , but are no t necessarily limited
to the following: rationale for the method of procurement, selecti on of contract type, con tractor selection
or reje ction , and the basis for the contra ct price ."
c . As required by 2 C.F.R. §200 .318(b), the Su b-Rec ipient shall "maintain oversight to
ensu re that contractors perform in ac cordance with the te rms , conditions, and specifications of their
contracts or purchase orders." In order to demonstrate compliance with this requ irement, 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) o r
procurements by small purchase procedures pursuant to 2 C.F.R. §200 .320(b), if the Sub-Rec ipient
chooses to subcontract any of the wo rk requ ired under this Agreement, th en the Sub-Rec ipient sh all
forward to the Division a copy of any solic itation (wh eth er competitive or no n-competitive) at least fifteen
13
(15) days prior to the publication or communication of the solicitation. The Division shall rev iew 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 Division 's review , the Sub-Recipient remai ns
bound by all applicable laws, regulations, and agreement te rms. If during its review the Division identifi es
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 defic ient, then
the Division may:
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph (17) above; and ,
ii. Refuse to reimburse the Sub-Recipient for any costs associated with that
solicitation.
e. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a) or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
review the unexecuted contract and provide comments, if any, to the Sub-Recipient within three (3)
business days. Consistent with 2 C.F .R. §200.324 , the Division will review the unexecuted contract for
compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as
Appendix II to 2 C .F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its
judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the
Div ision in order to execute a subcontract, this review may allow the Divis ion to iden t ify defici e ncies 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 D ivision identifies any deficiencies, then the Divisio n shall
communicate those deficiencies to the Sub-Recipient as quickly as possible within t he three (3) business
day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communi cati on
from the Division that the subcontract is non -compliant, then the Division may:
i. Terminate this Agreement in accordance with the provisions o utlined in
paragraph (17) above; and,
14
ii. Refuse to reimburse the Sub-Recipient for any costs associated with that
subcontract.
f. The Sub-Recipient agrees to include in the subcontract that (i) the subcontractor is
bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicab le state and federal
laws and regulations, and (iii) 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 "mainta in written
standards of conduct covering conflicts of interest and governing the actions of its emp loyees 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 competitio n." Accordingly, the
Sub-Recipient shall not:
i. Place unreasonable requirements on firms in order for them to qualify to do
business;
ii. Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated
companies;
iv. Execute noncompetitive contracts to consultants that are on retainer
contracts;
v. Authorize, condone , or ignore organizational conflicts of in terest;
vi. Specify only a brand name product without allowing vendors to offer an
equivalent;
vii. Specify a brand name product instead of describing the performance,
specifications, or other relevant requi rements that pertain to the commodity or service solic ited by the
procurement;
viii. Engage in any arbitrary action during the procurement process; or,
ix . Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements , statement of wo r k , invitation to bid , or request fo r
proposals.
i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or
encourage" otherwise, the Sub-Recipient, as required by 2 C.F.R. §200.319(b), shall not use a
geographic preference when procuring commodities or services under this Agreement.
j. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e .
sealed bids) in accordance with 2 C. F.R. §200.320(c) as well as sect ion 287.057(1 )(a), Florida Statutes.
15
k. The Sub-Recipient sha ll 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 th e 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 incorpora ted as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but on ly to the extent of
the conflict or inconsistency.
c. This Agreement has the following attach ments:
i. Exhibit 1 -Funding Sources
ii. Attachment A -Budget and Scope of Work
ii i. Attachment B -Program Statutes and Regulations
iv. Attachment C -Statement of Assurances
v. Attachment D -Request for Advance or Reim bursemen t
vi. Attachment E -Justification of Advance Payment
vi i. Attachment F -Quarterly Report Form
viii. Attachment G -Warranties and Representations
ix. Attachment H -Certification Regard ing Deb armen t
x. Attachment I -Federal Funding Accountability and Transparency Act
xi. Attachment J -Mandatory Contract Provis ions
(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 he ld 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 expla nation of the necessity fo r and proposed
use of these funds . No advance shall be accepted for processing if a re imbursement has been pa id pr ior
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.
16
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 tlJe
submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub-
Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement.
c. If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress, the federal Office of Management and Budgeting , the State Chief
Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division
to make any further payment of funds shall terminate , and the Sub-Recipient shall submit its closeout
report within thirty (30) days of receiving notice from the Division.
(21) REPAYMENTS
a. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of "Division of Emergency Management", and mailed directly to the following
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
b. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Division for collection , Sub-Recipient shall pay the Division a service fee of $15.00 or 5%
of the face amount of the returned check or draft, whichever is greater.
(22) MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub-Recipient in this Ag reement,
in any later submission or response to a Division request, or in any submission or response to fulfill t he
requirements of this Agreement. All of said information, representations , a nd materials are incorporated
by reference . The inaccuracy of the submissions or any material changes shall , at the option of the
Division and with thirty (30) days written notice to the Sub-Recipient, cause the termination of this
Agreement and the release of the Division from all its obligations to the Sub-Recipient.
b. This Agreement shall be construed under the laws of the State of Flor ida , and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any prov ision
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 ex tent of the conflict, and shall be severab le, but shall not invalidate any other
provision of this Agreement.
c . Any power of approval or disapproval granted to the Division under the terms o f th is
Agreement shall survive the te rm of this Agreement.
17
d . The Sub-Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private
entities on the basis of disabil ity 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, su pplier, subcontractor, or
consultant under a contract with a public entity, and may not t ra nsact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
f . Any Sub-Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its k nowledge
and belief, that it and its principals:
i. 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 perform in g a public (federal , state or local ) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements , or receiving stolen property;
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal , state or local) with commission of any offenses enumerated in paragraph
(22) f. ii. of this certification ; and ,
iv. Have not within a five-year period preceding th is 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 th is certification ,
then the Sub-Recipient shall attach an explanation to this Agreement.
h. In addition, the Sub-Recipient shall send to the Division (by email or by
facsimile transmission) the completed "Certification Regarding Debarment, Suspension ,
Ineligibility And Voluntary Exclusion" (Attachment H) for each intended subcontractor which Sub-
Recipient plans to fund under this Agreement. The form must be received by the Division before
the Sub-Recipient enters into a contract with any subcontractor.
i. The Division reserves the right to unilaterally cancel this Agreement if the Sub-
Recipie nt refuses to allow public access to all documents, papers , letters or other material subj ect to the
18
provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or rece ived under this
Agreement.
j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division 's obligation to pay the contract amount.
k. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U .S.C Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. 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
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
I. Section 287.05805, Florida Statutes, requires that any state funds provided for the
purchase of or improvements to real property are contingent upon the contractor or political subdivision
granting to the state a security interest in the property at least to the amount of state funds provided for at
least 5 years from the date of purchase or the completion of the improvements or as further required by
law.
m. The Division may, at its option , terminate the Contract if the Contractor is found to
have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have
been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boy cott of Israel.
(23) LOBBYING PROHIBITION
a. 2 C .F.R. §200.450 prohibits reimbursement for costs associated with certain lobby ing
activities.
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 thi s Agreement may be
used directly or indirectly to influence legislation or any othe r official action by the Florida Legis latu re 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:
i. No Federal appropriated fu nds 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
19
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 agreeme nt, 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 Activ ities."
iii. The Sub-Recipient shall require that this certification be included in the
award documents for all subawards (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose.
iv. This certification is a material representation of fact upon which reliance was
placed when th is transaction was made or entered into. Submiss ion of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100 ,000 for each such failure .
(24) COPYRIGHT, PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA.
a . If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall
retain a l l rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwise.
b. If any d iscovery or invention is developed in the course of or as a resu lt 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 whethe r the State of Flo rida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of th is
Agreement are reserved to the State of Florida . If any books, manuals , films , or other copyrightable
material are produced, the Sub-Recipient shal l notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub-Recipient to the State
of Florida.
c. Within thirty (30) days of execution of this Agreement, the Sub-Recipie nt shall
disclose all intellectual properties relating to the performance of this Agreement which he or she knows or
20
should know could give rise to a patent or copyrig ht. The Sub-Recipient sha ll retain all rights and
entitlements to any pre-existing intellectual property which is disclosed . Failure to disclose will indi cate
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 univers ity 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 inve ntions, 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 pate nted , copyrighted
or trademarked work products, developed solely by the Sub-Recipient, under th is Agreement, for Florida
government purposes .
(25) LEGAL AUTHORIZATION
The Sub-Recipient certifies that it has the legal authority to receive the fun ds 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 lega lly execute and bi nd Sub-
Recipient to the terms of this Agreement.
(26) EQUAL OPPORTUNITY EMPLOYMENT
a . In accordance with 41 C .F.R . §60-1.4(b), the Sub-Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insura nce, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance , or guarantee , the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, sexual
orientation , gender identity, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race ,
color, religion , sex, sexual orientation , gender identity, or national orig in.
Such action shall in c lude , but not be l im ited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising ; layoff or te rmination; rates of pay or other forms of
compensation ; and selection for train ing , 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 .
21
ii. The contractor will, in all sol ici tations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment without
regard to race , color, religion, sex , sexual orientation , gender identity, or
national origin.
iii. The contractor will not discharge or in any other manner
discriminate against any employee or applicant for employment because
such employee or applicant has inquired about, discussed, or disclosed
the compensation of the employee or applicant or another emp loyee or
applicant. Th is provision shall not apply to instances in w hi ch an
employee who has access to the compensation information of other
employees or applicants as a part of such employee's essentia l job
functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal compla i nt
or charge , in furtherance of an investigation, proceeding , hearing, or
action, including an investigation conducted by the employer, or is
consistent with the contractor's legal duty to furnish information.
iv. The contractor will send t o each labor union or representat iv e of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the co ntractor's commitments under
this section, and sha ll post copies of the notice in conspicuous places
available to employees and applicants for employment.
v. Th e contractor will comply with all provisions of Executive Order
11246 of September 24 , 1965, and of the rules , regulations, and relevant
orders of the Secretary of Labor.
vi. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
re gulations, and orders of the Secreta ry of Labor, or pursuant thereto ,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules , regulations , and
orders .
vii. In the event of the contractor 's noncompliance with the
nondiscrimination clauses of this con tract or with any of t he said rules ,
regulations, or orders, this contra ct may be canceled, terminated, or
suspended in whole or in part and the contra ctor may be declared
ineligible for further Government contracts or federa lly 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 Execu tive Order
11246 of September 24, 1965, or by rule , regulation, or order of the
Secretary of Lab or, or as otherwise provided by law.
viii . The con tractor will in cl ude the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraph s
(1) through (8) in every subcontract or purchase order unl e ss exe mpted
by rule s, regulations, or orders of the Secre tary of Labor issued pursuant
22
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 resu lt 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 loca l government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subd ivisio n of such government
which does not participate in work on or under the contract.
c. The Sub-Recipient agrees that it w il l 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 re levant orders of t he
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing compliance .
d. The Sub-Recipient further agrees that it will refrain from entering i nto any contract or
contract modification subject to Executive Order 11246 of September 24 , 1965, with a contractor
debarred from , or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II , Subpart D of the Execu tive order. In
addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings , the
administering agency may take any or all of the following actions: cancel , terminate , or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from s uch Sub-Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(27) COPELAND ANTI-KICKBACK ACT
The Sub-Rec ipient hereby agrees that, unless exempt under Federal law, it w ill
incorporate or cause to be in corporated into any contract for construction work, or modification thereof,
the following clause:
23
i. Contractor. The contractor shall comply with 18 U.S.C § 874,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts .
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
iii. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C .F .R. § 5.12.
(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 contr act
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations (29 CFR Part 5). Under 40 U .S.C 3702 of the Act, each contractor must be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C . 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working conditions which
are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contracts for transportation.
(29) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub-Recipient, with the funds authorized by this Agreement, ent ers 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 C lean Air Act (42 U.S .C . 7401-7671q)
and the Federal Water Pollution Contro l Act as amended (33 U .S .C .
1251-1387), and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency (EPA).
(30) SUSPENSION AND DEBARMENT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions:
i. Th is 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
24
(defined at 2 C.F.R. § 180.940) or disqualified (d efined at 2 C.F.R . §
180.935).
ii. The contractor must co mply with 2 C.F .R. pt. 180, subpart C and
2 C .F.R. pt. 3000, subpart C and must include a requirement to comply
with the se regulations in any lower t ier covered transaction it enters into.
ii i. 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-LOBBY ING AMENDMENT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must in c lude 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 Federa l
award. Such disclosures are forwarded from tier to tier up to the
recipient.
(32) CONTRACTIN G W ITH SMALL AND MINORITY BUSINESSES WOMEN 'S BUSINESS
ENTERPRISES. AND LABOR SURPLUS AREA FIRMS
a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure
goods or services, then , in accordance with 2 C.F.R. §200.321 , the Sub-Recipient shall take the following
affirmative steps to assure that minority businesses , women's business enterprises , and labor surplus
area firms are used whenever possible:
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
ii. Assuring that small and minority bus inesses, and women's business
enterprises are solicited whenever they are potential sources;
25
iii. Dividing total requirements, when econom ically feasible , into smaller tas ks 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 organ izations 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 sol icitation or award of
a contract to these types of firms. Rather, the requirement only imposes an obligation to ca rry 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 mi nority businesses , and
women 's business enterprises, does not authorize the Sub-Recipient to break a single project down into
smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures (e .g . "project spl itting ").
(33) ASSURANCES
The Sub-Recipient shall comply with any Statement of Assu rances incorporated as
Attachment C
26
IN W ITNESS WHEREOF, the parties hereto ha ve executed this Agreement.
::.B&:#'~
Name and title: Burt L. Saunders Chairman
Date: 02/25/2020
FID# CooooS:S~
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
~:~, and 'i}!fare~.~~ g'c.,
I
Date : ~ &@~ L u~
Approved us to form and h:g:.ility
Jennife r A. Belped~
Assistant County Attorney <), ~'u-O
\riJ)
""" l9
2 7
· ~•,\"; f\•1 . f,.
AtfE§f .--(•_'.'.•:,:•"••. r, l .
cll¥stA-L· ki •INZEL, cLERK,,,
'· i ,. r • ~ ..
BY;;;:.:·· ==-~'"'---~~~..r-::.1---t-
.Attest a~ ;~·c~ai~c1l s> · .-
signatu re only. ' · · '--'
EXHIBIT-1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER TH IS
AGREEMENT:
Federal Program
Federal agency: Federal Emergency Management Agency: Haza rd Mitigation Grant
Catalog of Federal Domestic Assistance title and number: 97 .039
Award amount: $3,351,708.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
• 2 CFR Part 200 Un iform Admin istrative Requ irement s, Cost Principles, and Audit Requiremen ts
for Federal Awards
• The Robert T. Stafford Disaster Re lief and Emergency Assistance Act, Public Law 93-288, as
amended , 42 U.S.C. 5121 et seq ., and Related Authorities
• Sections 1361 (A) of the National Flood Insurance Act of 1968, 42 U .S.C. 4104c, as amended by
the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter-
Blumenauer Flood Insurance Reform Act of 2004, Publ ic Law 108-264
• 31 CFR Part 205 Rules and Procedures for Funds Transfers
Federal P rogra m :
1. Sub-Recipient is to use funding to perform the following el igible activities:
• Generators for Critical Facilities
2 . Sub-Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in vio lation of the term s of the Agreement.
28
STATEMENT OF PURPOSE:
Attachment A
Budget and Scope of Work
The purpose of this Scope of Work is to provide protection to pump stations in Collier County, Florida,
funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-114-R, as approved by the
Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency
(FEMA). The project is for the purchase and installation of an emergency system to reduce and/or
mitigate the damage that might otherwise occur from severe weather or other hazards.
The Sub-Recipient, Collier County, agrees to administer and complete the 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 w ith all applicab le Federal , State and Local Laws,
Regulations, and Codes.
PROJECT OVERVIEW:
As a Hazard Mitigation Grant Program (HMGP) project, the Sub-Recipient shall pu rc hase and install 53
permanent generators , in Collier County, Florida .
The HMGP project shall provide protection to pump stations by the installation of 53 permanent
emergency generators with automatic transfers, to supply uninterrupted power at critica l wastewater
pump stations , and to mitigate the risk of sanitary sewer overflows that can occur during severe weather
events causing extended power outages, flooding and storm surge condi t ions.
The generator(s) shall be protected against a 500-year flood event by implementing specific activities or
by locating the generator(s) outside the Special Flood Hazard Area (SFHA) and shall be protected
against wind with a rated enclosure based on their location requirements. Activities shall be completed
in strict compliance with Federal, State and Local Rules and Regulatio ns .
Project Locations:
ID# i PS Coordinates
1) I 101.02 26 .274823 , -81.825054
2) , 101.04 26.266610 , -81 .825325
3) 101 .05 26 .256750 , -81 .823200
4) : 101 .15 26.252941 , -81 .802540
5) 101 .17 26.274049, -81.810456
6) 103.11 26.277559, -81.750373
7) 103.12 26.283734, -81.751392
8) 103.13 26.302750 , -81.767796
9) 104.01 26.235115, -81 . 782443
10) 104.22 26.186329 , -8 1.697913
11) 105 .05 26.255387, -81 .775802
12) I 107.07 26.279709, -81 .729128
13) 108.05 26.216600, -81 .7250 07
14) 111.00 26.271277 , -81 .794274
15) 119 .00 26.312904, -81 .818454
16) I 119.06 26.313156, -81 .822192
17) I 121.02 26.329913, -81.827258
18) i 133.00 26.274600, -81.763746
19) I 138.00 26.201884, -8 1. 763785
20) 144.00 26.191377, -81.763497
1 21) l 144.04 26.183849, -81. 764673
29
22) 145.00 26.239191, -81.765910
23) I 149.00 26.312016, -81.802456
24) 171 .00 26.269385, -81.694825
25) I 180.00 26 .244466, -81.714953
26) I 300.06 26.096522, -81.731092
27) 300.07 26.096933, -8 1.736295
28) 300 .12 26.101982, -81 .728258
29) 302.28 26.124105, -81.741754
30) 302.57 26.108361, -81.690512
31) 302.60 26.089023, -81 .686262
32) 305.07 26.135352, -81. 760275
33) 305.10 26.138090, -81.754281
34) 308.01 26.136668, -81.770546
35) I 308.03 26.135937, -81.778086
36) ! 308.04 26.132150, -81.768669
37) i 308.07 26.142048, -81.768372
38) I 309.02 26 .142203, -81.757236
39) , 309.04 26.142084, -81. 764659
40) : 309.09 26.164156, -81. 758892
41) 309.10 26.164092, -81.778 198
42) 309.12 26.164023, -8 1. 773495
43) 309.13 26.161928, -81.771464
44) 309.23 26.157040 , -81. 758838
45) 309.29 26.153514 , -81 .763472
46) 312.07 26.141041 , -81 .727545
47) 313.10 26.155566 , -81.722546
48) I 316.01 26.028599 , -81.687995
49) I 316.02 26 .019941 , -81.68720 1
50) ! 316.04 26.030326 , -81 .685000
51) 318.03 26.044868 , -81.671162
52) 318.09 26 .051495 , -8 1.704230
53) 404.0 1 26 .289723 , -8 1.590772
TASKS & DELIVERABLES:
A) Tasks:
1) The Sub-Recipient shall procure the services of a qualified and li censed 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 i n accordance
with the Sub-Recipient's procurement policy as well as all Federal and State Laws and Regulations .
All procurement activities shall contain sufficient source documentation and be in accordance with
all applicable regulations.
Th e 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 maintai ning a safe and secure worksite
for the duration of the work . The contractor shall maintain all work staging areas in a neat a nd
presentable condition .
The Sub-Recipient sh all ensure that no contractors or subcontractors are debarred or suspended
from participating in federally funded projects .
30
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, Ine ligibility , Voluntary
Exclusion Form" for each contractor and/or subcontractor performing services under th is agreement.
Executed contracts with contractors and/or subcontractors shall be provided to the Division by the
Sub-Recipient within 10 days of execution.
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 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 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 Su b-Recip ient
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), o r 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) A copy of electrical designs , specifications and/or drawings elaborated to complete the scope.
d) Signed and Sealed copy of the As-built plans, as applicable .
e) Certified Letter of Completion, as applicable:
1. Affirming that the project has been completed in conformance with the approved project
drawings, specifications, and scope.
2. Certifying Compliance with all applicable codes.
f) All Product Specifications / Data Sheet(s) (technical standards) satisfying protectio n
requirements on all products utilized .
g) Verification letter or documentation showing the generators are protected to the 500-year
(0.2% annual chance) flood elevation , excluding the following 10 sites that are located outs ide
thefloodplainorwetland: PS#103.11 , 103.12, 104.01 , 107.07 , 119.00, 138.0 0, 144.04 ,
145.00, 316.02 , 404.01.
h) Proof of compliance with Project Conditions and Requirements contained herein .
31
3) During the course of this agreement, the Sub-Recipient shall submit requests for reimbursement.
Adequate and complete source documentation shall be submitted to support all costs (federal share
and local share) related to the project. In some cases, all project activities may not be fully complete
prior to requesting reimbursement of costs incurred in completion of this scope of work ; however, a
partial reimbursement may be requested.
The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project personnel with
each reimbursement request attesting to the completion of the work, that disbursements or payments
were made in accordance with all agreement and regulatory conditions, and that reimbursement is
due and has not been previously requested .
The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices
are accurate and any contracted services were rendered within the terms and timelines of this
agreement. All supporting documentation shall agree with the requested billing period. All costs
submitted for reimbursement shall contain adequate source documentation which may i nclude 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 sub mitted
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 bei ng 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 s hall be detailed
information describing tasks performed , hours devoted to each task, and the hourly rate charged for
each hour including enough information to calculate the hourly rates based on payroll records.
Employee benefits shall be clearly shown.
The Division shall review all submitted requests for reimbursement for basic accuracy of information.
Further, the Division shall ensure that no unauthorized work was completed prior to the approved
project start date by verifying vendor and contractor invoices. The Division shall verify that reported
costs were incurred in the performance of eligible work, that the approved work was completed , and
that the mitigation measures are in compliance with the approved scope of work prior to processing
any requests for reimbursement.
Review and approval of any third-party in-kind services , if applicable, shall be conducted by the
Division in coordination with the Sub-Recipient. Quarterly Reports shall be submitted by the Sub-
Recipient and received by the Division at the times provided in this agreement prior to the processing
of any reimbursement.
The Sub-Recipient shall submit to the Division requests for reimburseme nt of actual construction and
managerial costs related to the project as identified in the project application, and plans. T he
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 we ll as costs being
applied against the local match amount.
The Sub-Recipient's final request for reimbursem en t shall include the final construction project cost.
Supporting documentation shall show that all contractors and subcontractors have been paid.
32
B) Deliverables:
Mitigation Activities consist of providing protection to pump stations in Collier County , Florida , by
installing 53 permanent generators.
The generator(s) shall be protected against a 500-year flood event by implementing specific activities
or by locating the generator(s) outside the SFHA and shall be protected against wind with a rated
enclosure based on their location requirements. Activities shall be completed in strict compliance
with Federal , State and Local Rules and Regulations .
Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in t h is
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 proj ect 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-Recipient shall submit a final copy of the completed project's As-bu ilt drawings and all
necessary supporting documentation and provide a summary of all contract scope of work changes,
as applicable.
4) The Sub-Recipient shall submit a final copy of any electrical designs, specifications and/or drawings
elaborated to complete the job.
5) The Sub-Recipient shall submit a certif ied letter of completion from Engineer of Record, as
applicable. The Sub-Recipient's Engineer of Record shall provide a formal certificate or letter
affirming that the project has been completed in confor mance with the approved project drawings,
specifications, scope, and applicable codes.
6) The Sub-Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards)
satisfying protection requirements on all products utilized.
7) All installations shall be done in strict compliance with the Florida Building Code or Miami Dade
Specifications. All materials shall be certified to exceed the wind and impact standards of the current
local codes.
8) 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.
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. Fai lure 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 th e date of
the categorical exclusion (CA TEX), then coordination with and project review by regulatory agencies
must be redone.
2) Any c h ange, addition or supplement to the approved mitigation measure o r scope of work that alters
the project (in cluding other work not funded by FEMA, but done substantially at the same time) shall
require resubmission to the Division and FEMA for revaluation of complianc e with the National
Environmental Protection Act (NEPA) and Section 106 of th e National Hi storic Preservation Act
33
(NHPA) prior to initiation of any work. Non-compliance with these requ irements 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-Recip ient 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) The generator is supporting a critical action and must be protected to the 500-year (0 .2% annual
chance) flood elevation. The Sub-Recipient must submit documentation to the State documenting
which protective option they selected. The following 10 sites are located outside the floodplain or
wetland and the condition does not apply: PS# 103.11 , 103 .12, 104.01, 107.07, 119.00 , 138.00,
144.04, 145.00, 316.02, 404.01.
5) Construction vehicles and equipment used for this project shall be maintained in good working order
to minimize pollutant emissions.
E) Programmatic:
1) 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.
2) The Division and FEMA shall approve a change in the scope of work in advance, regardless of the
budget implementations.
3) The Sub-Recipient must "obtain prior written approval for any budget revision which would result in
a need for additional funds" [44 CFR 13(c)]. from the Division and FEMA.
4) 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.
5) 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 .
6) A copy of the executed subcontract agreement must be forwarded to the Division with in 1 O days of
execution.
7) Project approval is with the condition that the tasks, deliverables, and conditions be accomplished
and submitted 30 days prior to the Period of Performance date , for review and approval by the
Division , for submittal to FEMA for Closeout.
8) Per FEMA Hazard Mitigation Assistance Guidance Part VI , D.3.4 -Contingency funds are not
automatically available for use. Prior to their release , contingency funds must be re-budgeted to
another direct cost category and identified. Post-award changes to the budget require prior written
approval from the Division (FDEM). The written request should demonstrate what unforeseen
condition related to the project arose that required the use of contingency funds.
9) Special Conditions required on implementation of Projects:
The generator is supporting a critical action and must be protected to the 500-year (0 .2% annual
chance) flood elevation . Sub-recipient must submit documentation to the State and FEMA
documenting which protective option they have selected.
The following 10 sites are located outside the floodplain or wetland and condition does not apply to
PS# 103.11 , 103 .12, 104.01 , 10 7.07, 119.00, 138.00, 144.04, 145.00, 316 .02, 404 .01
Source of condition : Executive Order 11988 -Floodplains Monitoring Requ ired: No
34
This is FEMA project number 4337-114-R. It is funded under HMGP, FEMA-IRMA-DR-FL and must
adhere to all program guidelines established for the HMGP in accordance w ith the PAS Operatio nal
Agreement for Disaster 4337.
FEMA awarded this project on November 13, 2019; this Agreement shall begin upon execution by both
parties , and the Period of Performance for this project shall end on November 30, 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 appropri ate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-Rec ipient;
2) Disallow all or part of the cost of the activity or acti o n not in compliance ;
3) Who ll y o r partly suspend or terminate the current award for the Sub-Recipient's program ;
4) Withhold further awards for the program; or
5) Take other remedies that may be legally available .
SCHEDULE OF WORK
State and Local Contracting : 3 Months
Design / Permitting: 3 Months
Bidding and Contracting : 3 Months
Construction/ Installation: 12 Months
State and Local Inspection: 2 Months
Closeout: 1 Month
Total Period of Performance: 24 Months
35
BUDGET
Line Item Budget*
Proj ect Cost Federal Share Non -Federal Sh are
Materials: $2,514,108.00 $1,885,58 1.00 $628 ,527.00
Labor: $918,510.00 $688,882.50 $229 ,627.50
Fees: $1,036,326.00 $777,244.50 $259,08 1.50
Initia l Ag reement Amount: $4,4 68,944.00 $3 ,351 ,708.00 $1,117,236.00
***Contingency Funds: $41 ,056.00 $30,792.00 $10,264.00
P roject Total: $4,5 10,000.00 $3 ,382 ,500 .00 $1 ,127,500.00
*Any line item amount in this Budget may be increased or decreased 10% or less, with the Division's
approval, without an amendment to this Agreement being required, so long as the overall amount of the
funds obligated under this Agreement is not increased.
*** This p roject has an estimated $41 ,056.00 in contingency funds. Per FEMA Hazard Mitigation
Assistance Guidance Part VI, 0.3.4 -Contingency funds are not automatically available for use . Prior to
their release, contingency funds must be re-budgeted to another direct cost category and identified. Post-
a ward changes to the budget require prior written approval from the Division (FDEM). The written request
should demonst rate wha t un foreseen 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 $41,056.00
Funding Summary
Fed era l Share:
Non-Federa l S hare :
Total Proj ect Cost:
$3,382 ,500.00
$1 ,127,5 00.00
$4,510 ,000.00
36
(75.00%)
(25.00%)
(100%)
Attachment B
Program Statutes and Regulations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are genera lly
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 appl icable
FEMA policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program ;
(4) Hazard Mitigation Assistance Guidance-February 27, 2015 Update; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement.
In addition to the above statutes and regulations, the Sub-recipient must comply with the
following:
The Sub-recipient shall fully perform the approved hazard mitigation project, as described in the
Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance
with approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of
funds indicated therein, and the terms and conditions of this Agreement. The Sub-recipient shall not
deviate from the approved proj ect 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-recipien t and
any land use permitted by or engaged in by the Sub-recipient, shall be consistent wit h the local
comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163,
Part II , Florida Statutes. Funds shall be expended for, and development activities and land uses
authorized for, only those uses which are permitted under the comp rehensive plan and land development
regulations. The Sub-reci pient 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 perm itting authority, where required . The Sub-recipient agrees that any re pa ir 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 ensu re 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 requ ired.
If the hazard mitigation project described in Attachment A includes an acquisition or reloca t io n
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;
37
(2) No new structure will be erected on property other than :
a. a public facility that is open on all sides and functionally re lated to a desig ne d open
space;
b. a restroom ; or
(3) A structure that the Director of the Federal Emergency Management Agency app roves 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 t he 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 wi ll eva lu ate requests for cost overruns and submit to the reg ional
Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set
forth in 44 CFR 206.438(b).
The National Environmental Policy Act (NEPA) stipu lates that additions or amendments to a
HMGP Sub-Recipient Scope of Work (SOW) shall be reviewed by all State and Fede ra l 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 cond it io ns 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 s ixty (60) days pri or 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 3 1 .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 2 16.181(6), Florida Statutes
(9) Cash Management Improvement Act of 1990
(10) American with Disabilities Act
( 11 ) Section 112. 061 , Florida Statutes
(12) Immigration and Nati onality Act
(13) Section 286. 011 , Florida Statutes
38
(14) 2 CFR, Part 200 -Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
(15) Uniform Relocation Assistance and Real Property Acquis itions Act of 1970
(16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
( 18) Omnibus Crime Control and Safe Streets Act of 1968, as amended
(19) Victims of Crime Act (as appropriate)
(20) Section 504 of the Rehabilitation Act of 1973 , as amended
(21) Subtitle A, Title II of the Americans with Disab ilities Act (ADA) (1990)
(22) Department of Justice regulations on disability discrimination , 28 CFR, Part 35 and
Part 39
(23) 42 U.S.C . 5154a
39
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 resolu tion, motion or simi lar
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 loca lity in which this program is situated, and no other public official of t he locality or localities
who exercises any functions or responsibilities with respect to the program during his ten ure or
for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds , for work be performed in connection with the program assisted under this Agreement.
The Sub-recipient shall incorporate , in all contracts or subcontracts a provision prohibiting any
interest pursuant to the purpose stated above;
(d) All Sub-recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Sub-recipient
for eligible contract work completed prior to the date the notice of suspension of funding was
received by the Sub-recipient. Any cost incurred after a notice of suspension or termination is
received by the Sub-recipient may not be funded with funds provided under t his Agreement
unless previously approved in writing by the Divisi on . All Sub-recipient contracts shall con tain
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 ., requ iri ng
that mechanics and laborers (including watchmen and guards) emp loyed on federally
assisted contracts be paid wages of not less than one and one-half times their basic
wage rates for all hours worked in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least minimum prescribed wage, and also that th ey be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work-week.
(f) It will comply with
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant
thereto , which provides that no person in the United States shall on t he grounds of race ,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to dis crimi nation under any program or activity for which the Sub-
recipient received Federal financial assistance and will immed iate ly ta ke any measures
necessary to effectuate this assurance. If any real property or structure thereon is
provided or improved with the aid of Federal finan c ial assistance extend ed to the Sub-
recipient, this assurance shall obligate the Sub-recip ient, or in the case of any transfer of
such property, any transferee, for the period during which the real property or structure is
40
used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C . 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualifies handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973 ;
(3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion , sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts ; affirmative action to insure fair treatment in employment, upgrading , demotion ,
or transfer; recruitment or recruitment advertising; layoff/termination , rates of pay or other
forms of compensation; and election for training and apprent icesh i p;
(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;
U) It will comply with the flood insurance purchase and other requirements of the Flood Disaste r
Protection Act of 1973, as amended, 42 U.S.C . 4002-4107 , including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty , insurance payment, rebate , subsidy , disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
For sites located within Special Flood Hazard Areas (SFHA), the Sub-recipient must include a
FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard
Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that
certain SFHA requirements were satisfied on each of the properties. The Model
Acknowledgement can be found at www.fema.gov/governmenta/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;
(I) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation
Act of 1966 (U .S.C. 470), Executive Order 11593, 24 CFR, Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C . 469a-1 , et seq .) by :
(1) Consulting with the State Historic Preservation Office to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 CFR, Section 800.8) by the proposed activity; and
41
(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 Preservatio n Act
(NHPA), 16 U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800.
(4) When any of the Sub-recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR , Part 800 (2)(e), the Federal Emergency
Management Agency (FEMA) may require the Sub-recipient to review the eligible scope
of work in consultation with the State Historic Preservation Office (SHPO) and suggest
methods of repair or construction that will conform with the recommended approaches
set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's
Guidelines for Archeological Documentation (Guidelines) (48 Federal Reg ister
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 previous ly
disturbed by the installation , replacement or maintenance of such utilities. FEMA wi ll
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 consultati on
with SHPO, a treatment plan consistent with the Guidelines and take into account the
Advisory Council on Historic Preservation (Council) publication "Treatment of
Archeological Properties". The Sub-recipient shall forward information regarding the
treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the
Council do not object within fifteen (15) calendar days of rece ipt of the treatment plan ,
FEMA may direct the Sub-recipient to implement the treatment plan. If either t he Cou ncil
or the SHPO object, Sub-recipient shall not proceed with the project until the objection is
resolved .
(6) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a) of any
changes in the approved scope of work for a National Register eligible or listed property;
(b) of all changes to a project that may result in a supplemental DSR or modify a HMGP
project for a National Register eligible or listed property; (c) if it appears that a project
funded under this Agreement will affect a previously unidentified property that may be
eligible for inclusion in the National Register or affect a known historic property in an
unanticipated manner. The Sub-recipient acknowledges that FEMA may require the S ub-
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 S ub-
recipient further acknowledges that FEMA may require the Sub-recipient to take all
42
reasonable measures to avoid or minimize harm to such property until FEMA concludes
consultation with the SHPO . The Sub-recipient also acknowledges that FEMA will
require, and the Sub-recipient shall comply w ith , 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 alco hol and drug abuse patient records ;
(p) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S C. 4821 et seq.) which
prohibits the use of lead based paint in construction of rehabilitation or residential structures ;
(q) It will comply with the Energy Policy and Conservation Act (P.L 94-163; 42 U.S.C . 6201-6422),
and the provisions of the State Energy Conservation Plan adopted pursuant thereto;
(r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S .C . 2131-2159), pertaining to
the care, handling, and treatment of warm blooded animals held for research , teaching , or other
activities supported by an award of assistance under this Agreement;
(s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.C 2000c and 42 U.S .C. 3601-
3619), as amended, relating to non-discrimination in the sale, re ntal, 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 19 55, as amended, 42 U.S.C . 7401-7642 ;
(u) It will comply with the Clean Water Act of 1977, as amended , 42 U.S.C . 7419-7626
(v) It will comply with the endangered Species Act of 1973 , 16 U.S .C. 1531-1544;
(w) It will comply with the Intergovernmental Person nel Act of 1970, 42 U.S .C. 4728-4763;
(x) It will assist the awarding agency in assuring compliance with the National Historic Preservat ion
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 th e awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservati on 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 , regardi ng non-
discrimination;
43
(bb) It will comply with the environmental standards which may be prescribed pursuant to t he 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 Ill of t he Uniform Re location 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 res ult of Fede ral or
Federally assisted programs ;
(dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U .S.C . 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system;
(ee) It will comply with the following Executive Orders : EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice);
(ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C . 3510 ;
(gg) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. 1451-1464; and
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will :
( 1) Create and make available documentation sufficient to demonstrate that the Sub-
recipient and its demolition contractor have sufficient manpower and equipme nt 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 jurisd iction to detect the presence of
asbestos and lead in accordance with requi rements 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 sept ic 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 a re
contained in the State Energy Conservation Plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94 -163).
44
(11) Comply with all applicable standards, orders, or requirements issued unde r Section 112
and 306 of the Clean Air Act (42 U.S .C. 1857h), Section 508 of the Clean Wa ter Act (33
U.S .C. 1368), Executive Order 11738 , and the U.S. Environmental Protection Agency
regulations (40 CFR, Part 15 and 61 ). This clause shall be added to any subcontracts .
(12) Provide documentation of public notices for demolition activities.
45
SUB-RECIPIENT:
REMIT ADDRESS:
CITY: Naples
PROJECT TYPE :
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS
Collier County
Generators
STATE: FL
PROJECT#:
ZIP CODE:
4337-114-R
PROGRAM : Hazard Mitigation Grant Program CONTRACT#: H0419
APPROVED BUDGET: FEDERAL SHARE: -------MATCH: ------
34112
ADVANCED RECEIVED: N/A AMOUNT: _______ SETTLED? _____ _
Invoice Period: To ------Payment#:
Eligible Amount Obligated Federal Obligated Non-Division Use Only 100% Amount Federal
(Current Request) 75% 25% Approved Comments
TOTAL CURRENT REQUEST: ___c_$ ____ _
By signing this report , I certify to the best of my knowledge and belief that the report is true, complete, and accurate,
and the ex penditures , disbursements and cash receipts are for the purposes and objectives set forth in the terms and
conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any
material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or
otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812.
SUB-RECIPIENT SIGNATURE:
NAME / TITLE: ________________________ D ATE:
TO BE COMPLETED BY THE DIVISION
APPROVED PROJECT TOTAL _$.c.._ ____ _
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT _$-'--------
DATE
46
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MTIGATION ASSISTANCE PROGRAM
SUB-RECIPIENT: Collier County PAYMENT#:
PROJECT TYPE: Generators PROJECT #: 43 37-114-R
PROGRAM: __ H_az_a_r_d _M_it~ig"-a_ti_o_n_G_r_an_t_P_r_og.,_r_a_m____ CONTRACT #: H0419
REF NO2 DATE3 DOCUMENTATION 4 (Check) ELIGIBLE
AMOUNT COSTS
(100%1
1
2
3
4
5
6
7
8
9
This payment represents %. completion of the project. TOTAL
2 Recipient's internal reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule#)
3 Date of delivery of articles, completion of work or performance services. (per document)
4 List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and
name of vendor or contractor) by category (Materials, Labor, Fees) and line item in the approved project line
item budget. Provide a brief description of the articles or services. List service dates per each invoice.
47
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
SUB-RECIPIENT: Collier County
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of$ ______ is requested. Balance of payments
will be made on a reimbursement basis. These funds are needed to pay
staff, award benefits to clients, duplicate forms and purchase start-up
supplies and equipment. We would not be able to operate the program
without this advance.
If you are requesting an advance, complete the following chart and line item justification below.
PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for ninety
(90) days. Submit Attachment D with the cost share breakdown along with Attachment E and all
supporting documentation.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20_-20_ 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, 2555 Shumard Oak
Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest
earned on the advance.
48
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
Instructions: Complete and submit this form to the appropriate Project Manager within fifteen (15) days
of each quarter's end date.
SUB-RECIPIENT: Collier County PROJECT#: _4...:.c3=..:3:...:.7_-1:...:1c...:4-...:·R~ ______ _
PROJECT TYPE: _G=en~e~r=at~o~rs:.._ _________ CONTRACT#: ----=-..:H~04~1~9:_ ________ _
PROGRAM: Hazard Mitigation Grant Program QUARTER ENDING: __________ _
Advance Payment Information:
Advance Received D N/A D Amount:__,_$ ______ _ Advance Settled? Yes D No D
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: Co ntract Expiration Date:
Estimated Project Completion Date:
Project Proceeding on Schedule? D Yes D No (If No, please describe under Issues below)
Percentage of Work Completed (may be confirmed by state inspectors): __ 0=1/o
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 co mpletion date, milestones, scope of work, and/or cost:
Cost Status: D Cost Unchanged D Under Budget D Over Budget
Additional Comments/Elaboration :
NOTE: Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at any time.
Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated
overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions become known,
otherwise you may be found non-compliant with your sub grant award.
Person Completing Form: Phone :
Date Reviewed:
Actions:
~ To be completed bv Division staff~
_______ Reviewer:
49
Financial Management
Attachment G
Warranties and Representations
The Sub-Recipient's financial management system must comp ly 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-Proc urement Standards (2
C.F.R . §§200.317 through 200.326).
Business Hours
The Sub-Recipient shall have its offices open for business, with the entrance door open to the
public, and at least one employee on site, from : 8:00 AM -5:00 PM, Monday Thru Friday, as
applicable.
Licensing and Permitting
All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and
permits required for all of the particu lar work for which they are h ired by the Sub-Recipient.
50
1:
Attachment H
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor, _______________________ _
of the Sub-Recipient certifies, by submission of this document, that neither it nor its principals is
presently debarred, suspended , proposed for debarment, declared ine ligible, or volu ntarily 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, t he prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR
By :
Signature
Name and Title
Street Address
City, State , Zip
Date
51
Collier County
Sub-Recipient's Name
H0419
DEM Contract Number
4337-114-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 t his legislation is to empower every American with the ability to ho ld
the government accountable for each spending decision . The FFATA legislation requi res information on
federal awards (federal assistance and expenditures) be made available to the public via a sing le ,
searchable website , which is http://www.usaspending.gov/.
The FFATA Sub-award Reporting System (FSRS) is the reporting tool the Flo r ida Di vision of Em ergency
Management ("FDEM" or "Division") must use to capture and report sub-award and executive
compensation data regarding first-tier sub-awards that obl igate $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 completio n . 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#: 4337-114-R --------------------
FUNDING AGENCY: Federal Emergency Management Agency
AWARD AMOUNT: --"--=-$3,=3-=-51-'--'-,_ 70=--=8--'-'.0:...:0 _________ _
OBLIGATION/ACTION DATE: November 13 , 2019
SUBAWARD DATE (if appli cable):
DUNS#: 076997790
DUNS# +4:
52
*If your company or organization does not have a DUNS number, you will need to obtain one from Dun &
Bradstreet at 866-705-5711 or use the web form (http://fedgov.dnb.com/webform). The process to
request a DUNS number takes about ten minutes and is free of charge.
BUSINESS NAME:
OBA NAME (IF APPLICABLE):
PRINCIPAL PLACE OF BUSINESS ADDRESS:
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY ____________ STATE ___ ZIP CODE+4**
PARENT COMPANY DUNS# (if applicable):
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#):
DESCRIPTION OF PROJECT (Up to 4000 Characters)
As a Hazard Mitigation Grant Program (HMGP) project, the Sub-Recipient shall purchase and install 53
permanent generators, in Collier County , Florida.
The HMGP project shall provide protection to pump stations by the installati on of 53 perma nent
emergency generators with automatic transfers , to supply uninterrupted power at critical wastewater pump
stations, and to mitigate the risk of sanitary sewer overflows that can occur du ring severe weather events
causing extended power outages , flooding and storm surge cond itions.
The generator(s) shall be protected against a 500-year flood event by implementing specific activi t ies or
by locating the generator(s) outside the Spec ial Flood Hazard Area (SFHA) and shall be protected
against wind with a rated enclosure based on their location requirements. Activities shall be completed
in strict compliance with Federal, State and Local Rules and Regulations .
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF
BUSINESS):
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY STATE -------------ZIP CODE+4** ----
CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE:
**Providing the Z ip+4 ensures that the correct Congressional District is reported.
53
EXECUTIVE COMPENSATION INFORMATION:
1. In your business or organization's previous fiscal year, did your business or organization (including
parent organization , all branches, and all affiliates worldwide) receive (a) 80 percent or more of your
annual gross revenues from Federal procurement contracts (and subcontracts) and Federal
financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to
the Transparency Act, as defined at 2 CFR 170.320; , (b) $25 ,000 ,000 or more in annual gross
revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial
assistance (e.g . loans, grants, subgra nts , and/or cooperative agreements , etc.) subject to the
Transparency A~
Yes D No ~
If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 1 is "No",
move to the signature block below to complete the certification and submittal process.
2. Does the public have access to information about the compensation of the executives in your
business or organization (including parent organization , all branches, and all affiliates worldwide)
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 u.s_;::;. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986?
Yes g-No D
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 http//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service
(IRS) information should be directed to the local IRS for further assistance.]
If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required
in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
appearing below to report the "Total Compensation" for the five (5) most highly compensated
"Executives", in rank order, in your organization. For purposes of this request, the following terms
apply as defined in 2 CFR Ch . 1 Part 170 Appendix A:
"Executive" is defined as "officers, managing partners, or other employees in management positions".
"Total Compensation" is defined as the cash and noncash dollar va lue earned by the executive during the
most recently completed fiscal year and includes the following :
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financia l 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 li fe ,
health , hospitalization or medical reimbursement plans that do not d isc riminate 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 th e employee, pe rquisites o r
property) for the executive exceeds $10,000 .
54
TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR
(Date of Fiscal Year Completion ______ _
Rank Total Compensation
(Highest to Name for Most Recently
Lowest)_ (Last, First, Mil Title Completed Fiscal Year
1
2
3
4
5
THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION
PROVIDED HEREIN IS ACCURATE.
SIGNATURE: ttVf~
NAME AND TITLE: 111«.HAEl-STEJ/t;;/115
DATE:
1 I
55
Provisions:
Attachment J
Mandatory Contract Provisions
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 C.F.R. Part 200. It is the responsib ility of the sub-recipient to include t he required
provisions . The Division provides the following list of sample provisions that may be required :
56
0MB Guidance
(D) Da\1s-Bacon Act. a s a.m e nded (10 U.S.O.
3141 -3148\ W1rn n required by Fode ra! progra m
le ins l auon. a ll pri me c onstruc tion cont r acts
ln e xc ess of S2.000 awarded by non-F.:,deral
e n tltH!s m ust 1nclud9 a pro,1s1on for compli-
ance wtth t he Davis -Bacon A ct (40 U.S.C.
3141-3144. and 31'16-3148 ) as ,upple me n ted b.v
Depart me n t of Labor regulations (29 CPR
Pare 5 . '"Labor Standards Provis ions Appli-
cable to C-Ontracts CoverlD.!! F ederally Fi-
nanced and A.ssts te d Constructton··1. In a c-
c o r dance wtth the statute. c ontrac t-ors must oo rGqu!rod to pay wa ges to l abor.irs and m e-
c hanics .1t a rate n ot, less than t-h e prevatllng
wage s spoclfled !n a. wage determtna t ton
made by the Secretary o f Labor. In addition.
c ontractor s must be reqlllred to pay wa.1;es
not less tha.n once a week. The non-Fe deral
e n tity mus t p lace a copy of the c unent pre-
va.lllD!?' wage determJna.tlon Issue d by the Dil-
partment of L:ibor In e ach s oltc tLaUon. The
deci s ion to award a contrac t or s u bcontrac t
must be condlt l one d upon the a.cce prance of
c,he wa!!e detormJna.t 1on. The non-Pedoral en-
t.tty mu s t r epol't all suspec t,ed or report-ed
vtolattons t.o the Pederal awardln!! a_genc y.
The c ont racts m ust, :i.lso incl ude a. provtst on
fo r complla.nc:e w:t t b the Cope land "Antt-
Kl ckba.ck '" Ac t <40 U.S.C. 3145). a s s uppl e-
m ente d b:, Department of L'..bor regulations
(29 CFR P:i.r t 3. ·'Cont,ract.ors a nd Sub-
contrac tors on l'ubltc Bu!ldln!! or Publ!c
Work Ftnanced tn Whol e o r In Part by Loans
or Gr:i.n ts from the UnH,e d Stat.es"), The Ac t
pr o\'l des that each c ontract-O r or s ub-
r ecipi ent m ust, be prohtblt,ed from tnd uc m!!.
b." any m eans. an.,v person emplo:;-0d tn t he
c onstrucU on. c ompletion . o r repair o f public
wo rk , to gtve up any P3rt of the c ompensa-
t.ton to which he o r sh e Is other wise e ntitle d.
The non-Fed;ira.! ;inttty must rnpor t all sm;-
p.;cted or repor ted violations to Llw F odera.I
a warding a gen c ~--
sg1Jda~ft·~\t <1~·0J'.~l 0 ~cri_:.ig)_ Z~!~
applicable . all cont-racts awa rdt>d by the non-
FMe ral entlt:v m excess of Sl00.000 that In-
vo lve l he e mpl oyment of m echanic s or labor-
er.; must tnclude a provisi o n for compllan ce
wlth 40 U.S.C. 3702 an d 370-1 . as su pplemente d
by Depart,rn ent of L abor reg-ulatlou s (29 CFR
P art 5). Under ,10 U.S.C . 3702 o f the Ac t,. each
c ontractor mus e. bo r equi red t-o compu te tha
wa!!ilS of exe r.\' mechanic a nd labore r or. t.he
lnsls of a s ..andard work week of !O hours .
Work In excess of t ile s.an dard work we ek ts
f>-JrnUSSlb le provided that. th.-worker Is com -
peIE-at.ed a t a rate of not less than one lnd a
half tt!I!l?s t h £> baste rate of pay fo r all hours
worke d 1n e xcess of 40 how·s tn the work
week. The reqmr emen ts of 40 U.S.C. 3704 aro
<1.pp ltcable to construc tion work and provide
t hat no laboror or m ec hanic must be r-e-
q utrod t.o work In s urroundlnJ?s or unde r
working cond1t1oru; whic h are UllsaD1L:l.r :','.
hazardous or dan!?'e ro u.s . These r equtrerne n ts
do not. apply t,o the pu r chases o f s uppli es or
Pf. 200, App. II
mate,rt:ils or art.tc les or(lln:ir1ly ava i lable o n
the open mark;i t. or con tracts for transpor-
t:it 1on o r transmtsslon of 1ntell1gence.
IF) R te:h ts t o Im·e n t lons !'\fad e Under a
Con t ract-or A_gree ment. If the Federal award
meet& the de fl nltlon of "fund!n.!! rumieme n t "
unde r 37 CPR §401 .2 (a ) and I.he r ecipient or
s ubrec1p1ont wishes t o ent.ir tnt.o a contract-
with a small business firm or nonprofit Ol'ga.-
n11.at1on re!!ardln!?' the s ubs ~t tutlon of _par-
ties. asstgnm,mt or periormance o f e xperi -
mental. deve lopmental. or r esearch work
unde r t hat "funding ag-r.:iement," t-he r ectpl-
a n t or subrec1p1 ent mu.st comply wi t h tho r o-
qutreme nts of 37 CFR Part 40 1. "Rt!?'h ts to I n-
rnnuo ns )fa.d e by Nonprofit OrJ?an tzattons
a.n d Small Bustnsss Ftrms Under Crllve rn-
ment Grants. Con tracts and CooJX!ra ti ve
Ag reeme.n ts." and any lmplem;inttng r eri ula-
t-lon.s Issu ed by t he a wa!'dtng agenc:,.
(G) Cl e an Al r Act (42 U.S.C. i401-7G7l q .J and
the Federal Water Po!lut!o n Control Act 133
U.S.C. 1251-1387 ;. a.s ame nded-Cont.racts and
sub!l"r ants of :imotmts In e xc ess oi $150.0,::0
mu.s t c.ontatn a provision that requires t he
non-P.aderal award to ag'Ne to comply Wlt,b
all applicable s t:.ndards. ord1J1'.; or r e g-ula-
t1on.s 1ssoed pursuant t o t he Clean Atr Act.
<42 U.S.C. 7401-i&,l q) and t h e Pederal Water
Pollu Uc,n C-Ontrnl Act as amen ded (33 U.S.C.
1251-138,i. Vlo latlons must be reported t-0 t h e
P ecle ral a warding a!?e ncy and t h e Re gtona.l
Offl c-e of the ·Envtronm e nu J ProtecUon
Af!e n cy (]-:PA ).
tH ) Mandatory st.andards and policies ro-
l atlng to ,mergy e ffi c ie nc y which :ire con-
t.:i.l n ed m the state en ergy co nservation plan
I ssue d tn c ompliance l't1 t h t he Ener.!!y P olley
a.nd Con .sen·atton Ac t (42 U.S.C. 6201 )_
i IJ Debarme nt and Suspenston (Exocuttve
Orders 1254!1 and 12689}-A contm ct :i.ward
(se;i 2 CPR 180.2'20) m us t not be mad.i t.o p:i r-
t les l!sted on t he !?'OYernme n t W1 de Excluded
P a r t t as Ltst Sys tem tn t he Sy:;t;em for Award
Ma nage me n t \SA)!)_ tn accor dance with t he
0 1',ffi e:uldelln;is at 2 CPR 180 t,ha.t Impleme n t
Exec utive Orders 1.2549 13 CPR Part 1006
Comp .. p . 1891 and 12G89 13 C.FR Part i989
Comp __ p. 235}. ·'Debarment :ind Suspens io n."
The Excl uded Parties Li st Syst..im In SAM
con t.mis t he names o f p artle5 debarred. s us-
pended. or othe rwise e xc luded by :3.?e n c les. as
well a;; ]n'.rt 1es declared 1n eJ1gtbl e under s tat-
uto r.v or regula t-0 ry a u t h ori ty o ther thln Ex-
ecuUve Ord er 1.2549_
(J J Byrd Ant1-LobbY1m? Ame ndment (31
U.S.C . 1352}-Cont ractor s that a pply o r btd
for an a.1vard of S1 00 .000 or more must m e t h e
r equlrnd certtflc:itton. Each tler c;irttfles to
the tier :i.bove th:it t t will not and has not
used Pe deral a pproprtaLed itmds to pa:.~ an.,·
person or org<1.nlza.t1 on fo r lnfl u enc l ll!!' or a t-
tem ptln!? to Influe n ce an offt c m· or empl oy e.e
oi any a inmc_;-. a m e m ber of Coni_'1-ess. offi cer
or ;implo:;ee of Congr ess. or an e mploy;ie of a.
m ember of Cor:urr;iss ln connection wi t h ob-
t:i.tlllmr an..v Fedor3.l contracL. grant or any
195
57
Pf. 200, App. Ill
other award covered b~· 31 U.S.C. 1352. Each
tier must also dlsclose a.n_;, lobb~·Jn!? With
non.Federal funds that takes pl:J.c e m con.
nect1on with obtalnln\! 3.I!Y F e daral aw.:ird.
Suc h d!scl osures a.re forwarded from t,l er to
tter up t-0 t h!l non.Fede ral award.
\K ) S ee f200.322 Procuromim t o f rilc ow,red
mate11als.
APPE..>mrx III TO PART 200-IKDIRECT
(F&A) COS'TS lDENTl P lCAT!ON AND
ASSIGNME NT. AKO RATE DETER.MDIA-
TJO:-l FOR J.NSTJTuTIO:-lS OF H JG H£R
EDUCATIOl\ (IRES)
A . GF.NERAL
This appendix pro,1des crlt,erta fol' ldmtt-
(vtng and computtni:r Indir e c t. (or tndtrec t
<F&A)l r at.cs :it UIEs (lnst!tu!olons). ln<llre c t
(F&A ) costs are those thJ.L a.re mc urre-d for
c ommon or jotnt obiectt nis a.lJ d tber.?fo r.i
c annot be 1dene10ed readJly Md speclftcall:;-
Wl t h a pa.rtt cuhr sponsored project. :in 1n.
struc tlonal actl\•l t ~·. or any ot-her lnstJt,u.
ttonal a c tmty. See subsection B .l. Deftn1.
tton of Factllt.tes and Admlnl strat.lon. for a
dis cussion of th-. c omponent-s o : Indirect
< F&A) costs.
1. Miljor Fu11ctrn,1.1 of an lnst1tutto11
Refers to mstructton. organized r o~a reh.
other spon sored actlvl ttes and other t nstH,u-
ttonal a cttvtttas a s defined 1n t his section:
a. l nstruct1on means t he t.Jacbrng and
tra.lntnz a.ctlv1t1es o f an 1nst1tu t1o n. Exc e pt
fo r research tralntng as provided tn s u lJ.
s.ecuon b . this t erm Includes a.II teaching and
c.ra1n1n g actl vt tlcs. wbe.ther they are offered
for c redlts toward a degree or cer t 1£lc at.a or
on a non.c redit ba.Sls. and whether the~-ar e
offerad through re!!'ular academic depart-
ments or separa to riJ\'l ~lo ns. s uch as a su m-
mer school d1v1 s1on or a n oxt-?n s1on dJ \·J S!on.
A]so considered part of thls m ajo r fu n cti on
are depa.rtn1ent.a.l res:Ja rch . and. where
agreed to . unlvm•sJty rnsea.rcb.
(1 ) Srxmsv red il:stru ctum u11d tramwp m oans
specific 1nstrnc tlona.l o r tra1nln!? act1nt v es•
tabltshed by grant. co ntr:ict. or cooperat1v ;i
a,in·eem ent. Por purposes of t,he cost prtn-
dp!es. t,hls a c t1•,1ty ma)· be constd~red a
major fllnc tton even U1ou!!"h an 1nst.1 t ucion ·s
ar.countlng troa t m,mt may lnclud0 1t In tho
Instruct ion fun c tion.
121 Derxrrt-me1:tal research mea.ns r asea rch .
d,i •,e lopriumt and scholarly acttv1t1es that
are not or~anlzed research and. con•
s<.Jq u en tly. ar.:. no t separa oo l;· budge too. and
acc ounted fo r . Departme n tal r e search. for
purposes of this do,:un1on t. ls n ot ,;onstdered
as a majo r function . but, as a part of tbe 1n.
s tructton function of t h e 1nst 1tut to n.
b. OrpcrnlZed •~search mea n s all resoarcb
and developmont ac ttvttt;is of an 1ns tit.ut 1on
that are separat.11:, budlret,ed a nd accounted
for. It In c ludes:
2 CFR Ch. II (1-1-14 Edition)
\I > Sponsored rewarch means all rese.arch
a nd development act!Yltles that ar~ spon-
sor ed b y Federal a nd non.F'ederal ag'-lncrns
a.nd or!?aD!Za tion s. This term m c ludes act 1,1.
ties ln·\·oh1ng-t.h e t raining oi inc1J·v1du als 1n
r esea rc h technlqu;is 1commonly call;id re.
search tTaintng) wher e such acttvltte s ut11lze
t,be sam-. fa c iliti es a.s other r esearch and de.
velo;ime nt a cttvlttes a nd where such act1n .
t.les ara not Included In the lns.tructton rune.
tlon.
\2 > liriwers1t11 research means all research
and de,·elopment a c t t\'ltles that are sepa.
rat e ly bud)?e too and accounted fo r by th e In-
s ti tution unde r a n mt..ernal appllcauon of J.n.
st,1t.ut1on a l fllnds. Untrnrstty r-esearch. for
purpos8s oi this d oc ument. must be com-
bined Wlth sponsor.Jd rese arch under t he
fun ct ion of or~:itzed resear·ch.
c .. Otl1er sw,isored ac twtt1es m e-:ins pro~ra ms
a.nd projects finan ced by Fe deral :ind non.
F!ldera.l age n cies and org-anlza tl ons which 10.
volvll t h ~ performance or work other than In•
s t ruci:.ton and organized research. Examples
of su ch pro\!rams and projects a.re hea.lt.h
ser.1 ce projects and comrnunt t ,• servi ce pro.
grams . Howeve r. wben a ny of tbesa act1v1t-tes
are undertake n by t.he tnstlt,utton Without
outside suppor t . t h ey may be classlf.led as
ot her 1n st1tu t1on..'\l a c tlY tt ies .
d. Otl<er 111sutu1101u11 octtt:U!es m eans a ll a c-
Uvtltes of an Instit u t ion Bxc ept for lnstr uc-
tlon. departnwntal J'csear ch. o rgani zed re.
se:1 r ch. a nd other sponsored a ct l \1tles. a.s de•
fined 10 t his s ec tto n: tncll rect (F&.A) cost ac.
t1vtttes tde11t1fled tn this Appendix para.
graph B. l d entl ftcatlon a.nd assll."Ilment of ID•
dlr ect l F&A ) costs: and special tzed ser..-i ces
facllt t tes descr1 1J,1d In §200.468 Spoctaltzed
ser.·1ce facilities of Lh ts Part.
~xamples of other tnstltut.t onal acttv1 t te~
Inc lude operation of r esid.?n c.; h,'\Jl s . dJnlll!!
halls. ho~-pt ta.l s and c lirucs. s t u d.inr, tmlons.
tnterc olle!?late at,blett.c s. bookstor es . facu l tY
h ousing. st uden t :i.p,l!'tment,s. guest houses .
c h:i.pals. t-heaters. public museum.s. a nd o the r
similar a ux tllar;· ent0rp11ses . Tbls de f'l n ltton
a lso Includes any ot her cate!!ories of act1v1.
t.t •w. costs of which aro .. unallowabh:i"' to
Fede1·al awards. unless ot h arwlse Indic a t ed
tn an a wa rd.
2. OrHena for Distrtl.>utwr.
a . llase p;n-l od. A base ~rtod fo r dlstrtbu.
tton oi mdlroct (F&A 1 costs ts t.ba period
dunng whi ch the cos ts are !ncurr.:ld. The
b3SB period n orma.11 .v shou ld CCllO Ctde With
tbe fl sca.l year established b~· the 1nst1tutJon.
but tn any even t the b:.se perlod should be so
,;eloc ced as to J\·oid tnegu1 t.1 .. s tn t.be dts-
t r 1but1 on of c osts.
b .. Veed io r cos! urouplnri.i. The ove ra.ll ob-
j ect ! Vil of the 1nd1rec l ( F'&A > c os t, a ll oca tton
process ts to dlstrtbnte th e lndtrect, 1 F&A J
c osts descnbcd tn &!c tlon B. ldanttftcat.1on
and ass1gnme n l of tndl!,act 1F&A 1 co sts. t o
196
58