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Agenda 11/08/2022 Item #16C 1 (Florida Department of Emergency Management Hazard Mitigation Grant Program Modification #3 for 53 portable generators adding 1 year to the contract)11/08/2022 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a Florida Department of Emergency Management Hazard Mitigation Grant Program contract modification number three for fifty-three (53) portable generators (Contract #110419), adding one year to the contract. 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 Inna 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 11.13). FDEM countersigned the $3,351,708 grant agreement on March 18, 2020 (see Attachment 1). 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 (see Attachment 2). 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 fully executed contract for Scope Modification #2 from FDEM on June 16, 2022 (see Attachment 3). Due to the fact that the generators are scheduled by the vendor to be delivered beginning in March 2023 and ending in May 2023, the County submitted a modification request (Scope Modification #3) to FDEM on September 8, 2022, to extend the period of performance from December 31, 2022, to December 31, 2023. The County received the approved Scope Modification #3 for County signature from FDEM on October 7, 2022, and seeks the Board's approval (see Attachment 4). 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 authorizes the Chairman to sign the attached modified grant agreement. Prepared By: Damian Cuadrado, P.E., Senior Project Manager, Engineering and Project Management ATTACHMENT(S) 1. [Linked] Attachment I - 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 - Executed Contract (6-16-22) (PDF) 4. Attachment 4 - 4337-114-R Mod #3 - For Subrecipient Signature (10-7-22) (PDF) I Packet Pg. 718 11/08/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1 Doe ID: 23591 Item Summary: Recommendation to approve and authorize the Chairman to sign a Florida Department of Emergency Management Hazard Mitigation Grant Program (Contract #H0419) contract modification number three for fifty-three (53) portable generators, adding one year to the contract. Meeting Date: 11/08/2022 Prepared by: Title: — Public Utilities Planning and Project Management Name: Damian Cuadrado 10/ 11/2022 12:09 PM Submitted by: Title: Director — Public Utilities Planning and Project Management Name: Matthew McLean 10/ 11/2022 12:09 PM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Procurement Services Sandra Herrera Additional Reviewer Wastewater Robert Von VanHolle Additional Reviewer Public Utilities Planning and Project Management Matthew McLean Public Utilities Operations Support Public Utilities Department Grants Public Utilities Department County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget Grants County Manager's Office Board of County Commissioners AmiaMarie Curry Additional Reviewer Drew Cody Level 1 Division Reviewer Erica Robinson Level 2 Grants Review George Yilmaz Level 2 Division Administrator Review Scott Teach Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Therese Stanley Additional Reviewer Dan Rodriguez Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 10/11/2022 1:16 PM Completed 10/11/2022 2:30 PM Completed 10/13/2022 10:29 AM Additional Reviewer Completed 10/17/2022 11:10 AM Completed 10/17/2022 5:15 PM Completed 10/20/2022 10:15 AM Completed 10/21/2022 8:16 AM Completed 10/21/2022 3:46 PM Completed 10/24/2022 9:40 AM Completed 10/24/2022 9:48 AM Completed 10/26/2022 9:09 AM Completed 10/26/2022 2:27 PM Completed 10/31/2022 11:18 AM Completed 11 /0 1 /2022 9:38 AM 11 /08/2022 9: 00 AM I Packet Pg. 719 1 F1 6.C.11,b]) DIVISION OF E Ron DeSantis Governor Mr. Daniel Roman Professional Engineer 3339 Tamiami Trail E Suite 303 Naples, FL 34112 STATE OF FLORIDA MERGENCY August 9, 2021 MANAGEMENT Kevin Guthrie Director Re: Project #4337-114-R; Collier County, 53 Collier County Pump Stations, Generators Dear Mr. Roman: Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract modification number (1) (Contract #H0419) between Collier County and the Division of Emergency Management. Please email all Requests for Reimbursement (Attachment D) to the project manager at Carmen.Acosta@em.myflorida.com. The Project Manager for this contract is: Carmen Acosta, Project Manager Florida Division of Emergency Management 2702 Director's Row Orlando, FIL 32809 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Carmen Acosta at (850) 692-9458. Respectfully, Digitall,,i,ned b, Mile, E. Ande,,on S DN- cn—Miles E Anderson, o=DEM, ou�Mitigation, Miles E. Ander on c=US Date: 2021.08.12 09:35:28 -04'00' Miles E. Anderson Bureau Chief, Mitigation State Hazard Mitigation Officer Enclosure DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shurnard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee , FL 32399-2100 Orlando, FL 32809-1 Packet Pg. 7207 Contract Number:F10419 Project Number: 4337-114-R MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND COLLIER COUNTY This Modification Number i is made and entered into by and between the State of Florida, Division of Emergency Management ("the Divisfon"), and Collier County (Ahe Sub - Recipient') to modify Contract Number H0419, dated March 18, 2020 ("the Agreement"). WHEREAS, the Division and the Sub.Recipient desire to modify the Agreement; and WHEREAS, the Division and the Sub -Recipient have entered Into the Agreement, pursuant to which the Division has provided a subgrant to the Sub -Recipient under the Hazard Mitigation Grant Program of $3,351,708.00, in Federal Funds; and VVH EREAS, the Agreement shall expire on November 30, 202 1; and WHEREAS, the Divisionand the Sub -Recipient desire to extend the terms of the Agreement, modify the Scope of Work, and increase the Federal Funding under the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the paffies contained herein, the parties agree as follows: 1. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin March 18, 2020 and shall end December 30, 2022, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 2. The Agreement is amended to increase the Federal Funding by $43,690.40, for the maximum a mount payable u nder the Agreem ent to $3,395,398.40, (Three IM illion Three Hundred Ninety -Five Thousand Three Hundred Ninety- Eight Dollars and Forty Cents). 3. The Budget and Scope of Work, Attachment A to this Agreement, are hereby modified as set forth in I st Revised Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 4� All provisions of the Agreement being modified and any attachments thereto in conflict with Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the last execution of this Modification by both parties. 5. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 6. Quarterly Reports are due to the Division no later than 16 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative closeout report. The ending dates of each quarter of the program year are March 31, June 30, September 30, and December 31. CCA0 LO LO M F11, I Packet Pg. 721 1 IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB-RECIPIEN Collier Cogan 4 Name and Tit'e: ca Date: AL, 121-) 1%j � 0 Ln LO M N. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Digitally signed 1, Mile, 1, Anderson DN: n=Miles E. Anderson, o=DEM, ou=Mitigation, Miles E. Anderson email=Miles.anderson@em.myflorida.com, c=US By: Date� 2021.08.12 0935:53 -04'00' Name and Title: —Kevin Guthrie, Director - Date: 08/12/2021 ATTEST* CRY§TALA� I�Etq,CLERK --tc t as taChairman's t ' I �:%' , .. - I APPIUVS4A leplity Scot, Teach,D-ep-uty County Attorney Packet Pg. 722 Attachment A (11" Revision) Budget and Scope of Work ST&TEMEN'r OF PURPOSE: 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 �Divlsion� and the Federal Emergency Management Agency (FEMA). The project is for the purchase and setup of an ernergency generator system to reduce and/or rnitigate the damage that might otherwise occur from severe weather or other hazards. The SLO-Recipient, Collier County, agrees to administer, and complete the project per scope of WOI'k 8$ Submitted by the Sub -Recipient and Subsequently approved by the Division and FEMA, The SLO-Reciplent shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations, and Codes. PROJECT OVERVIEW: As a Hazard Mitigation G 3rant Program (HIVIGP) project, the Sulb-Recipient shall purchase porta bl a g a n erators t h at s h all be Liti lized to provi de backup powe r to fifty-th ree (5 3) p U m p stations located within Collier County, Florida. The HMGP scope of work for the proposed project is to purchase fifty-three (53) portable generators, with the capacity specified below for each site, or the adequate size determined by the vendor arid/or an electrical engineer during the bid process to appropriately support the critical infrastructure. Implementing the project will SUPPIY Uninterrupted power at the critical wastewater, purip stations to mitigate the risk of sanitary oveftws that can occur during severe weather events. The g eneratur(s) sh a li be store d at a I ocatic n protected aga i n st a 500-yea r fio a d eve nt or I ocated 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 Regulations, Proleel Locations-, 4. 6. 7. Station 101.02 16-1._64- 1011.05 101.15 101.17 309.27 107.07 `100 kW 45 M 100 kW..... 45 WW Coordinates i6.��4823, -81.826054 26,266610 .............. 26,252941, -81.802540 26.274049, 2e.277559, -81.750373 1 .- 7 5, 1, � 9"'_2 . ........ 778, -81-76184,9 26.236115, -81.782443 ------------------ 26.186329, -81.697913 �&-'255387. -81,775802 26.279709, -81.729128 LO M N� F Packet Pg. 723� 13. 14. 108.05 109. 05 45 kW 70 M 26,216600,-B 1.725007 -81.812170 16. 119.00 100 M 26,312904,-81.818454 16. 119.06 kW 26.313156, -8-1.822192 17. 121.02 45 M 26,329913,- 8gL2§8 18. 133.00 145 kW 26.27460 26.201864 -81.763785 138.00 1 2o. 144.00 125 M 26.191377,-81,763497 144.04 2 838.49j_:§.j. ?§46Z�___. 22. 146.00 100 kW 26.239191.,_:..��jj�!� 149.00 45 M 26.312016 181.802456 24. 171-00 100 28.269385,-81.694826 - ---- ------ 25. 180.00 - 126 M -4-5--k- 26,24446§,-@L1.7jjKj 26.-- 26.1608?3 .81.758865 27. 45 kW 26.096933, -�IJ3 "2� 28._.....I.___ 300.12 45 M 26. 101 gq�, -�1.728258 29. 302.28 45 M 26.124106, -81-741754 30. 302.57 60 M 26.108361, -81,690512 302.60 45 M 26.089023,,-81.686262 '-'-6 -1. _6 32. 305-07 2 6 � 13 5 3 5 2, 7-6 0-2 7 34, 36. 308.01 308.03 308.04 45 kW 26.138090,-81.754281 26,136668,-81.770546 137. 308.07 309.02 45 M 45 W 26..142048, -81.768372 26.14 031-81.757236 39.- 45 M 26.142084,-81.764659 40. 309.09 60 kW 26-1641§§,&jj§§892 309.10 45 kW 26.164092 -81778198 42. __.__._.309.12 60 kW 26.164023 -81.773495 43, 309.13 309.23 45 kW kW 26.161928, 81.771161 26j_t§ZO40,-8i.758838 45. 309.29 45 M 26.1535j4,.-§_jj63472 312.07 45 kW 47. 313.10 60 kW 26.155566,-81.722646 1316.01 49. 316.02 60 kW 60 M 26.028599, -81-687995 26.019941, -81,687201 50. 316.04 26,030326.-81.685000 52, &03 318.09 60 M V 26 0448§j..Ajt§ UL�__ 26.0611495..1-81.7042,*C:�_ 404. 01 45 kW TAsKs & DELIVERABUs: A) Tasks: 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all Federal 0 -W M C LO Cn F-Packet Pg. 724 and State Laws and Regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work, design, and construction plans presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksirte for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects, The selected contractor shall have a current and valid occupational licenselbusiness tax receipt Issued for the type of services being performed. The Sub -Recipient shall provide documentation demonstrating the resuits 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 Su b-Recipient shall provide an executed " Debarment, Suspension, I nelig ibility, Voluntary Exclusion rorm' for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub -Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt Issued for the type of services to be performed by the selected contractor. 2) The Sub -Recipient shall monitor and manage the procurement and setup 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 terrns and conditions. The Sub-Reripient shall not deviate from the approved project terms and conditions. Upon completion of the work, the Sub -Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county building department (official), or other approving official, as applicable. The official shall inspect and certify that all Installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub -Recipient prior to Sub - Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation shall include: W 0 M LO LO M F11, P-0 F Packet Pg. 725 a) A letter affirming the purchase has been completed and requesting Final Inspection indicating the exact storage location of the generators, b) All Product Specifications I Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. c) Verification letter or documentation showing that the generators Will be stored and used in an un-shaded X zone or must be protected to the 500 year (0.2% annual chance) flood elevation if placed In a Special Flood Hazard Area (SFHA) or shaded X zone. d) Proof of compliance with Project Conditions and Requirements contained herein, 3) During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and 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 we re made in accordance with a] I ag reement and reg u latory condit! ons, and that reimbursement is due and has not been previously requested. The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. SUb-Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Sub -Recipient Management Costs (SRMC): The Sub -Recipient shall pre -audit source documentation — personnel, fringe benefits, travel, equipment, supplies, contractual, and Indirect costs, A brief narrative is required to identify what the funds will be used for. Documentation shall be detailed and clearly describe each approved task performed, hours devoted to each task, and the hourly rate charged Including enough information to calculate the hourly rates based on payroll records. Employee benefits and tasks shall be clearly shown on the Personnel Activity Form. Project Management Expenses., The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough Information to calculate the hourly rates based on payroll records, Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information, Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were Incurred In the performance of eligible work, that the W 0 M LO LO M F11, I Packet Pg. 726 1 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 reirnbursement of actual construction and managerial costs related to the project as identified in the pToject application, and plans. The reqUeStS for r6mbursement 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; LO M b) Proof of payment frorn the Sub -Recipient to the contractor, subcontractor, and/or vendor for Invoiced services; c) Clear Identification of annount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub -Recipient's final request for reimbursement shall include the final construction project cost, Supporting documentation shall show that all contractors and subcontractors have been paid, B) Deliverables: Mitigation Activities consi-3t of providing backup power to fifty-three (53) pump stations, located within Collier County, Florida, by purchasing portable generators. The generator(s) shall be stored at a location protected against a 500-year flood event or located outside the SFFIA and shall be protected against wind with a rated enclosure based on Its 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 this Agreement, the Division shall reimbUrse the Sub -Recipient based on the percentage of overall project completion, PROJECT CONDITIONS AND REQUiREMENT,9: C) Engineering-. 1) The Sub-Reciplent shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project, 2) The SUb-Recipient shall provide a letter and documentation affirming the purchase has been completed and requesting Final Inspection indicating the exact storage location of the generator(s). 3) The Sub.-Recip[ent shall submit all Product Specifications I Data Sheet(,q) (technical standards) satisfying protection requirements on all products utilized. 4) The Sub -Recipient shall follow all applicable State, Local and Federal Laws, Regulations and requirements, and obtain (before starting project worlo and comply with all required permits Packet Pg. 7277 and approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. D) gnvironmentall. 1) The Sub-Reciplent shall follow all applicable state, local and federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate federal, state, and local environmental perrniW and clearances may jeopardize federal funding. If project Is de[ayed for a year or more after the date of the catogorical exclusion (GATEX), then coordination with and project review by regulatory agencies must be redone. 2) Any change, addition or supplement to the approved mitigation measure or scope of work that alters the project (including other work not funded by FEMA, but done substantially at the sarne time) shall require resubmission to the Division and FEMA for revaluation of compliance LO with the National Environmental Protection Act (NEPA) and Section 106 of the National Historic Preservation Act (NFIPA) prior to initiation of any work. Non-compliance with these C14 requirements tray jeopardize FEMA's ability to fund this project, A change in the scope of Q Work shall be approved by the Division and FEMA In advance regardless of the budget C� C*4 implications. T.- 0& a 3) If any ground disturbance activities occur during construction, the SUb-Reciplent 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 C 0 FEMA. r% 4) The generators are supporting a critical action and must be stored and used in an un-shaded X zone or must be protected to the 500 year (0.2% annual chance) flood elevation if placed in a Specia[ Flood Hazard Area (SFHA) or shaded X zone. The sub recipient must submit documentation to the State and FEMA documenting which protective option they have selected, The Sub -Recipient must submit documentation UpOn Closeout documenting compliance with this condition. 6) Construction vehicles and eqUiprnetlt used for this project shalf f�e maintained in good working order to minimize pollutant emissions. E) Programmatic: 1) The Sub -Recipient must notify the Division as soon as significant developments becorne 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 worklin 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" 144 CFR 13(c)], frorn 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 rninimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. FPacket 5) The Sub -Recipient =stavo[d duplication of benefits between the HMGP and any otherforrn 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(s) must be forwarded to the Division within 10 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) Executive Order 11988 — Floodplains: The generators are supporting a critical action and rnust be stared and used in an unshaded X zone or must be protected to the 500-year (0.2% annual' chance) flood elevation if placed in a Special Flood Hazard Area (SFHA) or shaded X zone. The Sub -Recipient must submit documentation to the State and FEMA documenting LO which protective option they have selected, Monitoring is not required, 9) Per FEW Hazard Mitigation Assistance Guidance Part VI, D.3.4 -, Contingency funds are not automatically available for use, I'dor to their release, contingency funds Must be re - budgeted to another direct cost category and identified. Post -award changes to tile 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. 10) Sub-Reclpient Management Costs (SIRMC), Implemented under the Disaster Relief and Recovery Act of 2018 (DIRRA), amended Section 324 of the Stafford Act, and the Hazard Mitigation Grant Program Mariagernent Costs (Interim) FEMA Poli(;y 104-11-1, provides 100% federal funding under HMGP to Sub -Recipients to efficiently manage the grant and complete activities In a timely manner. a) SRMC must conform to 2 CFR Part 200, Subpart E, applicable program regulations, and Hazard Mitigation Assistance (HMA) Guidance (20-15), ensuring costs are reasonable, allowable, allocable and necessary to the overall project. b) Funding Is for approved Indirect costs, direct administrative costs, and adrniNstrative expenses associated with this specific project and shall have adequate documentation. c) SRMC cannot exceed 5% of the total project costs awarded. d) SRMC is 100% federally fUnded and will be reimbursed based on actual costs incurred for each individual Request for Reimbursement (RFR) submitted with the required documentation. e) SRIVIC shall be reconciled against actual costs on a quarterly basis and annual basis, If the Final Project Reconciliation results In a reduction of total project costs, any resulting SRIVIC overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout. This is FEMA project number 4337-114-R, It is funded under HMGP, FEMA-4337-DR-FL and must adhere to all program guidelines established for the FIM 0- P In accordance with the PA' S Operational Agreement for Disaster 43a'7. FEMA awarded this project on November 13, 2019; this Agreement was executed oil March 18, 2020� and the Period of Performance for this project shall end on December 30, 2022. Packet Pg. 729 F) FINANCIAL CONSEQUENCES, If the Sub -Recipient falls to comply With any term of the -award, the Division shall take, one or more of the following actions, as appropriate In the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub- Recip�ent; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or termin ate 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, SOHEDULE OF WORK State Contracting: 4 Months Construction Plan/Teohnical Specifications: 3 Months Bidding / Local Procuremeft 3 Months Permitting: 3 Months Construction / Installation: 15 Months I-ocai Inspections / Compliance: 3 Months State Final lnspect�on I Compliance: 3 Months Closeout Comoliance: 3 Months Total Period of Performance, 37 Months Packet Pg. 730 BU DGET Line Item Budget* Project Cost Federal Cost Non -Federal Cost Materials: $2,514,108.00 $1,885,581,00 $628,527.00 Labor $918,510.00 $688,882.50 $229,627.60 —2 Fees: $995,270.00 $746.452.50 $ L48 817,50 0 -W Initial Agreement Arno u nt: $4�427,888.00 $3,320,916.00 $1,106,972-00 ***Contingency Funds: $41 ,056-00 $30�792.00 $10264.00 -P!9jectTotal, $4114681944.00 $3,351,708.00 $JJ 17 236-00 Cn ****SRMC SRMC: $74,482.40 $74,482.40 SRMC Total: ____J74 $74,482.40 C4 Q C14 *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 S overall amount of the funds obligated under this Agreement is not Increased, *** This project has an estimated $41,056.00 In contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part V1, D.3.4 - Contingency funds are not automatically available fbr use. Prior to their release, contingency funds must be re -budgeted to another direct cost category and identified. Post -award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of $0. 00. **** Sub -Recipient Management Costs (SRMC) are included for this project In the amount of $74,,48Z40 in Federal funding. Per the Hazard Mitigation Grant Program Interim FEMA Policy 104-11-1, SRMC provides HMGP funding to Sub -Recipients to efficiently manage the grant and complete activities it? a timely manner. SRMC must conform to 2 CFR Part 200, Subpart E, ensuring costs are reasonable, allowable, allocable and necessary to the overall project, SRMC cannot exceed 5% of the approved total project costs i9warded and shall be reimbursed at 5% for each Request for Reimbursement (RFR) submitted with the required documentation, If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC overpayment shall be reimbursed back to the State For return to FEMA prior to FEMA Closeout — E� FPacket Pg. 731 Funding Summary Totals Federal Share: Non -Federal Share., Total Pr jq�ct qqst, $3,351,708.00 (75.00%) $1,1171236.00 (25.00%) $4 468 944.00 00/0 SRMC 000W Federal) $74,482.40 LO CD Ln CAO --- Q) F Packet Pg. 732 DIVISION OF E Ron DeSantis Governor Mr. Damian Cuadrado Professional Engineer 3339 Tamiami Trail E Suite 303 Naples, Florida 34112 STATE OF FLORIDA MERGENCY June 16, 2022 Re: 4337-114-R Mod #2, Collier County Dear Mr. Cuadrado: MANAGEMENT Kevin Guthrie Director Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract modification number two (#2) (Contract #H0419) between Collier County and the Division of Emergency Management. Please email all Requests for Reimbursement (Attachment D) to the project manager at Carmen.Acosta(a�em.mvflorida.com. The Project Manager for this contract is: Carmen Acosta, Project Manager Florida Division of Emergency Management 2555 Shumard Oak Blvd, Tallahassee, Florida 32399 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Carmen Acosta at (850) 692-9458. Respectfully, Digitally signed by La— Dh— DN: "=L,us Dhu—,—DEM, U o-Mitigation, Laura Dh we _il—Laun' Dhuwe@em.myflorida.com , �C�tus e 2022.06.16 13-43-45 -04'00' Laura Dhuwe Bureau Chief, Mitigation State Hazard Mitigation Officer Enclosure (D C') LO LIM IV,) F'4_ DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee , FL 32399-2100 Orlando, FL 32809-1 Packet Pg. 7337 Contract N umber! H0419 Project Number. 4337-114-R MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND COLLIER COUNTY This Modification Number Two is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Collier County ("the Sub - Recipient'') to modify Contract Number H0419 dated March 18. 2020 ("the Agreement"). WHEREAS. the Divisson and the Sub -Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to the Sub -Recipient under the Hazard Mitigation Grant Program of $3.395,398.40 in Federal funds: and WHEREAS, the Division and the Sub -Recipient desire to modify the Agreement, NOW, THEREFORE. in consideration of the mutuai promises of the parties contained herein. the parties agree as follows. The Scope of Work, Attachment A to the Agreement, is hereby modified as set forth in 2r,11 Revised Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference- 2. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification. effective on the date of execution of this Modification by both parties. 3. All provisions not in conflict with this Modification remain in full force and effect and are to be performed at the level specified in the Agreement. 4- Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31. June 30, September 30 and December 31. LO FPacket IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB-R I- " Villiam L. McDaniel, Jr., Chairman Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT 11 L1111 1h— DN, '--� Dh—, .-DEM, Laura Dhuwe By: D- 202106A 6 13A3 19 04 00 for Name and Title., Kevin Guthrie, Director Date: 16-JUN-2022 < Apopmro; 7as and legoity 135-fit R. TewJ4 De�tq County Attorney ATTESi CR) A'JC NZ L, Ci Y. tinnAfio FPacket Pg. 735 Attachment A (2" Revision) Budget and Scope of Work STATENIP"N"I'01- PURPOSE: 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 �s for the purchase and setup of an emergency generator system to reduce andlor 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-Reoplent and subsequently approved by the Division and FEMA_ The Sub -Recipient shall complete the work tn accordance with all applicable Federal, State and Local Laws, Regulations, and Codes. PROJECT.OVEM 1EAN: As a Hazard Mitigation Grant Program (HMGP) project, the Sub -Recipient shall provide backup power to fifty-three (53) pump stations located within Collier County, Flonda. The HMGP scope of work for the proposed project is to purchase fifty-three (53) portable generators, with the capacity specified below for each site, or the adequate size determined by the vendor and/or an electrical engineer during the bid process to appropriately support the critical infrastructure- Implementing the project shall supply uninterrupted power at the critical wastewater pump stations to mitigate the risk of sanitary overflows that can occur during severe weather events. The portable generator(s) shall be stored at a location protected against a 500-year flood event or located 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 Regulations. Proiect Locations ID# Station Generator Capacity 1 . 101.02 65 kW 2. 101.04 110 kW 3, 101,05 55 kW 4. 101.15 55 kW 5. 101.17 55 kW & 103,11 110 kw 7. 103,12 65 kW 8. 309.27 55 kW 9. 104,01 110 kW 10. 104.22 110 kW 11. 105.05 110kW 12. 107.07 65 kVV 13, 108-05 50 kW Coordinates 26.274823,-81.825054 26.266610, -81.825325 26.256750, -81.823200 26.252941. -81.802540 26.274049,-81.810456 2&277559, -81.750373 26.283734,-81.751392 26� 160778, -81.761849 26.235115,-81.782443 26� 186329. -81.697913 26,255387, -81.775802 26.279709,-81.729128 26.216600, -81.725007 LO FPacket 14. 109-05 65 kW 15, 119-00 110 kVV 16, 119-06 55 kW 17, 121.02 65 kW 18, 133.00 65 kW 19. 138.00 110 kW 20. 144,00 110 kW 21. 144,04 65 kW 22� 145.00 11OkW 23, 149.00 65 kW 24. 171,00 110kW 25� 180.00 110 kW 26. 309,26 55 kVV 27. 300,07 50 kW 28. 300,12 65 kW 29. 302.28 110 kW 30. 302.57 65 kVV 31. 302�60 170 kW 32- 305.07 65 kVV 33. 305.10 65 kW 34- 308.01 65 kW 35 308.03 65 kW 36. 308.04 65 kW 37, 308.07 50 kW 38. 309,02 50 kW 39, 309�04 55 kW 40. 309.09 110 kVV 41. 309,10 110 kW 42, 30912 11OkW 43. 30913 55 kVV 44, 309.23 110 kW 45. 3W29 55 kW 46. 312.07 55 kVV 47, 313.10 65 kW 48. 316.01 11OkW 49- 316.02 65 kW 50, 316-04 110 kVV 51. 318.03 110 kW 52. 318-09 65 kW 53. 404-01 65 kW TASKS & II)ELIVERAHUS: A) Tasks: 26-238355,-81.812170 26-312904,-81-818454 26.313156,-81.822192 26.329913.-81.827258 26.274600, -81163746 26.201884,-81.763785 26.191377,-81.763497 26.183849,-81.764673 26.239191. -81.765910 26.312016.-81.802456 26.269385.-81.694825 26.244466,-81.714953 26.160823,-81.758865 26.096933,-81.736296 26.101982,-81.728258 26.124105, -81,741754 26-108361, -81.690512 26.089023,-81.686262 26.135352,-81.760275 26.138090,-81.754281 26.136668.-81.770546 26.135937,-81.778086 26.132150,-81.768669 26.142048. -81.768372 26.142203, -81.757236 26.142084, -81 � 764659 26-164156,-81.758892 26.164092.-81.778198 2& 164023, -81.773495 26.161928,-81.771464 26.157040,-81.758838 26.153514,-81,763472 26.141041. -81.727W 26.155666, -81.722546 26.028599. -81 M7995 26.019941, -81.687201 26.030326,-81.685000 26.044884.-81.671180 26.051495, -81.704230 26-289723, -81.590772 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all Federal 0 C 4) LO CD Ln M N- Packet Pg. 737 and State Laws and Regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub -Recipient shall be responsible for furnishing or contracting all labor. materials, equipment. tools. transportation and supervision and for performing all work, design. and construction plans presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Suln-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. 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 cc nt ra ct type, contf a ctor selecti on a nd/o r rejectio n a nd bid ta bul ati on and Ii sti ng. and the basi s of contract price - The Sub -Recipient shall provide an executed - Debarment. Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement - Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub -Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub -Recipient shall monitor and manage the procurement and setup 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 foliowed 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 Sub -Recipient shall not deviate from the approved project terms and conditions. Upon completion of the work. the Sub -Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county building department (official), or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub -Recipient prior to Sub - Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation shall include: -Z� cc C 0) LO Packet Pg. 738 a) A letter affirming the purchase has been completed and requesting Final Inspection indicating the exact storage location of the generators- b) All Product Specifications I Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. c) Verification letter or documentation showing that when deployed the generator will be protected to the 500-year (0-2% annual chance) flood elevation, and when not in use it will be stored in an un-shaded X zone or protected to the 500-year (0.2% annual chance) flood elevation if stored in a Special Flood Hazard Area (SFHA) or shaded X zone. d) Proof of compliance with Project Conditions and Requirements contained herein. 3) During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense� The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Sub -Recipient Management Costs (SRMC) expenditure must adhere to FEMA Policy #104- 11-1 HIVIGP Management Costs (interim) signed November 14, 2018 FEMA defines management costs as any: Indirect costs, Direct administrative costs, and other administrative expenses associated with a specific project. Administrative costs are expenses incurred by a Sub -Recipient in managing and administering the federal award to ensure that federal, state requirements are met including: solicitation, development, review, and processing of sub-applicatiow delivery of technical assistance, quarterly progress and fiscal reporting: project monitoring-, technical monitoring-, compliance activities associated with federal procurement requirements: documentation of quality of work verification for quarterly reports and closeout; payment of claims; closeout review and liquidation; and records retention. Any activities that are directly related to a project are not eligible under management costs. For example, architectural, engineering, and design services are project costs and cannot be included under management costs. Similarly, construction management activities that manage, coordinate, and supervise the construction process from project scoping to project 0 cc 4) LO rC4 �o Packet Pg. 739 completion are project costs. These activities cannot be included under management costs. Due to Strategic Funds Management (SFM), SRMC Interim Policy requires management costs to be obligated in increments sufficient to cover Sub -Recipient needs, for no more than one year, unless contractual agreements require additional funding. FEMA has established a threshold where annual increments will be applied to larger awards allowing smaller awards to be fully obligated. Obligations will be handled by the size of the total subaward. The Sub -Recipient shail pre -audit all SRMC source documentation — personnel, fringe benefits, travel. equipment. supplies. contractual. and indirect costs. A brief narrative is required to identify what the funds will be used for. Documentation shatt be detailed and clearly describe each approved task performed, hours devoted to each task, and the hourly rate charged including enough information to calculate the hourly rates based on payroll records. Employee benefits and tasks shall be clearly shown on the Personnel Activity Form, a nd a I I Personnel or C ontractu al S R M C sh al I be i n vo iced sepa rate fro m a I I other project costs - Project Management Expenses (only applies to disasters prior to August 1, 2017, all others adhere to FEMA Policy #104-11-1 for SRMC)� The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets. attendance logs. etc. Documentation shall be detailed information describing tasks performed. hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown - The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further- the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices- The Division shall verify that reported costs were incurred in the performance of eligible work. that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement - Review and approval of any third -party �n-kind services. if applicable, shall be conducted by the Division in coordination with the Sub -Recipient, Quarterly Reports shall be submitted by the Sub -Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement - The Sub -Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, and plans. The requests for reimbursement shall include� a) Contractor. subcontractor. and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed. cost of services performed. name of service provider and any other pertinent information, b) Proof of payment from the Sub -Recipient to the contractor, subcontractor. and/or vendor for invoiced services. c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount - The Sub -Recipient's final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid- B) Deliverables: Mitigation Activities consist of providing backup power to fifty-three (53) pump stations, CD r_ a) 0 M LO Ln Cn 514- Packet Pg. 740 located within Collier County. Florida. by purchasing portable generators. The portable generator(s) shall be stored at a location protected against a 500-year flood event or located 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 Regulations. Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement. the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. cc I"ROJF.(-I'CO.N[)[-1'10'S!SAm%'n REQUIRENIEN IS: LO C) En_qineering: 1) The Sub -Recipient shall submit to the Division an official letter stating that the project is 100% LO M complete and ready for the Division's Final Inspection of the project- C4 2) The Sub -Recipient shall provide a letter and documentation affirming the purchase has been completed and requesting F�nal Inspection indicating the exact storage location of the generator(s). 3) The Sub -Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards) satisfying protection requtrements on all products utilized. 4) 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. Failure to obtain ail appropriate federal, state. and local environmental permits and clearances may jeopardize federal funding- If project is delayed for a year or more after the date of the categorical exclusion (CATEX), then coordination with and project review by regulatory agencies must be redone. 2) Any change, addition or supplement to the approved mitigation measure or scope of work that alters the project (i ncl ud i ng other wo rk not fu nded by F E M A, but d on e su bsta ntia I ly at the same time) shall require resubmission to the Division and FEMA for revaluation of compliance with the National Environmental Protection Act (NEPA) and Section 106 of the National Historic Preservation Act (NHPA) prior to initiation of any work. Non-compliance with these requirements may jeopardize FEMA's ability to fund this project. A change in the scope of work shall be approved by the Division and FEMA in advance regardless of the budget implications. 3) If any ground disturbance activities occur during construction. the Sub -Recipient shall monitor ground disturbance during constructionr and if any potential archeological resources are discovered. shall immediately cease construction in that area and notify the Division and FEMA. 4) The generators are supporting a critical action and must be stored and used in an un-shaded X zone or must be protected to the 500 year (0.2% annual chance) flood elevation if placed in a Special Flood Hazard Area (SFHA) or shaded X zone- The sub recipient must submit Packet Pg. 741 documentation to the State and FEMA documenting which protective option they have selected - a) Any charge to the portable generator storage location, shall be submitted to the Division by the Sub -Recipient as soon as the area is known for Division Environmental Staff approval, 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 wtth 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(s) must be forwarded to the Division within 10 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) Executive Order 11988 — Floodplains: The generators are supporting a critical action and must bestored and used in an unshaded X zone or must be protected to the 500-year (0-2% annual chance) flood elevation if placed in a Special Flood Hazard Area (SFHA) or shaded X zone. The Sub -Recipient must submit documentation to the State and FEMA documenting which protective option they have selected. Monitoring is not required. 9) Per FEMA Hazard Mitigation Assistance Guidance Part V1. 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. 10) Sub -Recipient Management Costs (SRMC), implemented under the Disaster Relief and Recovery Act of 2018 �DRRA). amended Section 324 of the Stafford Act. and the Hazard Mitigation Grant Program Management Costs (Inte6m) FEMA Policy 104-11-1, provides 100% federal funding under HMGP to Sub -Recipients to efficiently manage the grant and complete activities in a timely manner. LO Packet Pg. 742 a) SRMC must conform to 2 CFR Part 200, Subpart E. applicable program regulations, and Hazard Mitigation Assistance (HMA) Guidance (2015). ensuring costs are reasonable, allowable. allocable and necessary to the overall project. b) Funding is for approved indirect costs, direct administrative costs. and administrative expenses associated with this specific project and shall have adequate documentation. c) SRMC cannot exceed 5% of the total project costs awarded. d) SRMC is 100% federally funded and will be reimbursed based on actual costs incurred for each individual Request for Reimbursement (RFR) submitted with the required documentation. e) SRMC shall be reconciled against actual costs on a quarterly basis and annual basis. If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout. This is FEMA project number 4337-114-R. It is funded under HMGP. FEMA-4337-DR-FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS 0 pe rat ion al Ag reem e nt fo r 0 i saster 4 337 - FEMA awarded this project on November 13. 2019: this Agreement was executed on March 18, 2020: and the Period of Performance for this project shall end on December 30, 2022. F) FINANCIAL CONSEQUENCES: If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the followng actions. as approprfate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub - Recipient: 2) Disallow all or part of the cost of the activity or action not in compliance: 3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program-, 4) Withhold further awards for the program-r or 5) Take other remedies that may be legally available. SCHEDULE OF WORK State Contracting� Construction Plan/Technical Specifications: Bidding / Local Procurement: Permitting. Construction / Installation - Local Inspections / Compliance: State Final Inspection / Compliance Closeout Compliance: Total Period of Performance: 4 Months 3 Months 3 Months 3 Months 15 Months 3 M onths 3 Months 3 Months 37 Months I Packet Pg. 743 1 BUDGET Line Item Budget* Materials: Labor Pr9ject Cost $4,427,888,00 $0.00 Federal Cost $3.320,916.00 $0.00 Non -Federal Cost $1,106,972.00 BTION Fees: $0.00 $0.00 $0.00 Initial Agreement Amount: $4,427,888-00 $3,320,916-00 $1,106,972-00 "Tontingency Funds: $41,056.00 $30,792.00 $10,264.00 Prpject Total: $4,468,944.00 $3,351,708.00 $1,117,236.00 ****SRMC SRMC: $74,482.40 $74,482.40 SRIVIC Total: $74,482.40 $74,482.40 *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. ft" This project has an estimated $41,056.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part V1, D,3,4 - Contingency funds are not automatically available for use. Prior to their release. contingency funds must be re -budgeted to another direct cost category and identified, Post -award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of $0. 00- **** Sub -Recipient Management Costs (SRMC) are included for this project in the amount of $74,482.40 in Federal funding. Per the Hazard Mitigation Grant Program Interim FEMA Policy 104-11- 1, SRMC provides HMGP funding to Sub -Recipients to efficiently manage the grant and complete activities in a timely manner. SRMC must conform to 2 CFR Part 200, Subpart E, ensuring costs are reasonable, allowable, allocable and necessary to the overall project. SRMC cannot exceed 5% of the approved total project costs awarded and shall be reimbursed at 5% for each Request for Reimbursement (RFR) submitted with the required documentation. If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout. LO CD LO M N_ Packet Pg. 744 Funding Summary Totals Federal Share* Non -Federal Share: Total ProJect Cost: SRMC (100% Federa $3,351,708M (75M%) $1,117,236-00 (25M%) $4,468,944.00 (100.00%) $74,482.40 0 M LO LO M N_ I Packet Pg. 745 1 SUB -RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU REQUEST FOR REVIEW AND APPROVAL . ... . . ............ SUB -RECIPIENT: Collier County PROJECT #: 4337-114-R PROJECT TITLE: Collier County, 53 Collier County Pump Stations, Generators CONTRACT #: H0419 MODIFICATION #: 3 SuB-RECIPIENT REPRESENTATIVE (POINT OF CONTACT) Damian Cuadrado, Professional Engineer Collier County BOCC 3299 Tamiami Trail, Suite 700 Naples, Florida 34112 LO M F4- Enclosed is your copy of the proposed contract/modification between Collier County and the Florida Division of Emergency Management (FDEM). COMPLETE F-] This form is required to be included with all Reviews, Approvals, and Submittal F-] Signed electronic copy F-1 Reviewed and Approved F-] Signed and Dated by Official Representative Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, or Chief F-1 Attachment I - Federal Funding Accountability and Transparency Act (FFATA) - completed, signed, and dated 0 N/A for Modifications or State Funded Agreements F-1 Attachment K — Certification Regarding Lobbying - completed, signed, and dated Z N/A for Modifications or State Funded Agreements Electronic Submittal to the Grant Specialist Cheyenne Young on If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 692-8949 or email me at Andrea.Font- Rosado(a-)em,myflorida.com. Packet Contract Number: H0419 Project Number: 4337-114-R MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND _Z; COLLIER COUNTY 0 This Modification Number Three is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Collier County ("Sub -Recipient") to modify LO Contract Number H0419, dated March 18, 2020, ("the Agreement"). CD LO M WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to Sub -Recipient under the Hazard Mitigation Grant Program of N $3,395,398.40 in Federal funds; and N WHEREAS, the Division and the Sub -Recipient desire to modify the Agreement-, and WHEREAS, the Agreement shall expire on December 30, 2022. WHEREAS, the Division and the Sub -Recipient desire to extend the terms of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Paragraph 8 of the Agreement is hereby amended to read as follows'. (8) PERIOD OF AGREEMENT This Agreement shall begin March 18, 2020 and shall end December 31, 2023; unless terminated earlier in accordance with the provisions of paragraph (17) of this Agreement 2. The Scope of Work, to the Agreement, are hereby modified as set forth in 311 Revision Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 3. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 4. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 5. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. I Packet Pg. 747 1 IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB -RECIPIENT: COLLIER COUNTY By: Name and Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie, Director Date: ATTEST CRYSTAL K. KiNzEL, cLERK LO M 5N� Approved as to form and legality Scott R. Teach, Deputy County Attomey 2 ( 4� I Packet Pg. 748 1 Attachment A (3rd Revision) Budget and Scope of Work STATEMENT OF PURPOSE: 0 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 setup of an emergency generator system to reduce and/or mitigate the LO 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 LO submitted by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations, and Codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program (HMGP) project, the Sub -Recipient shall provide backup power to fifty-three (53) pump stations located within Collier County, Florida. 2M The HMGP scope of work for the proposed project is to purchase fifty-three (53) portable generators, (n with the capacity specified below for each site, or the adequate size determined by the vendor and/or an electrical engineer during the bid process to appropriately support the critical infrastructure. Implementing the project shall supply uninterrupted power at the critical wastewater pump stations to mitigate the risk of sanitary overflows that can occur during severe weather events. The portable generator(s) shall be stored at a location protected against a 500-year flood event or Cn located outside the Special Flood Hazard Area (SFHA) and shall be protected against wind with a rated L_ 0 enclosure based on their location requirements. Activities shall be completed in strict compliance with U_ Federal, State and Local Rules and Regulations. Prolect Locations: 0 ................. ....................... ....... ............................ ............. L .................. .................................. . ... . ... ... ID# Station Generator Capacity Coordinates 101.02 6 5 kW 26.274823, -81.825054 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0-11-0.4 1 0 k-W 26.266610, -81.825325 .2 ..... .. .. . ...... .......... .. . .. . . ... ... .. ..... ..... .. ... .. .... .. ... .1 . ....... ........... . . 3. 101.05 55 kW 26.256750, -81.823200 4. 101.15 ......... .... . ... . . ....... . 55 kW 26.252941, -81.802540 5. 101.17 55 kW 26.274049, -81.810456 6. 103.11 . . . .. . . ................ . ............................. 110 kW ......... ............................. .. ........... 26.277559, -81.750373 ............. . ...................... 7. ........................ 103.12 65 kW 26.283734, -81.751392 E ................ ..... '_-"-"-"'__ . ... ....... . 8. .......... ....... .................... 309.27 ......... ... ....... . ......................... 55 kW 26.160778, -81.761849 . . ............. . . . - - ----- . ......... 9. ....... . ........................ 104.01 .................................. - ........ . . . .................. " -------- - - . .......... 110 kW . .. . . . . ... . ... ............. 26.235115, -81.782443 10. 104.22 110 kW . . . . ...... . .. . . .... 26.186329, -81.697913 ...................... . . ........................ ! 105.05 110 kW 26.255387, -81.775802 ........................ _ .. 12. . ......... ............. .. ......................... L ................ . . . .. . ........ __ . 107.07 ......... .... . . . .......... . .......... ............. . . . .... --------- 65 kW .. .......... . ....... . ... . .......... .... ...... . ........... . .................. 26.279709, -81.729128 E 13. ........... . . . . . ....... . .... 108.05 50 kW ............ __ . .......... 26.216600, -81.725007 14. 109.05 65 kW 26.238355, -81.812170 U ......... . . ........... . . ......... .......... 15. ... - ... . .......... . .. . ............................. 119.00 . .............................................. . ......... . . . .. . ................ . . ....................... 110 kW 26.312904, -81.818454 .... . . 16. ............... .. . . ......... . . . ...... 119.06 . . . .. .. .... .. . .............. 55 kW ... .. .. .......... .. . . . . . . .. . ................................................. ... ... L' 26.313156, -81.822192 ' " """" . . 17. t ....... ........... . ............. .... .... . . .. 121.02 65 kW 26.329913, -81.827258 18. 133.00 65 kW 26.274600, -81.763746 ........ .......................................... . .... . ..... ................. . ..... . ............ . . . .. .. .......... . .. . ................ . ..... 19. 138.00 110 kW 26.201884, -81.763785 20. 144.00 110 kW 26.191377, -81.763497 I Packet Pg. 749 1 ......... 2 1 .......... . . . . ................ . . ........ .. ..... ............... ....... . . .. . . . . . . ..... . 44.04 . . . ............................................. I ... . .............................................................. . 65 kW 26.183849, -81.764673 1..22. 145.00 ............. 110 kW ......................................................................................... 26.239191, -81.765910 ................................. I ........................... ... ................. i 23. .. .................... .... . ....................................... 149.00 65 kW 26.312016, -81.802456 Z4. 171.00 110 M 26.269385, -81.694825 �_"_'211 5 18, ............... 1 1 0 k W 26.244466, -81.714953 26. 309.26 55 M 26.160823, -81.758865 27. 300.07 50 M 26.096933, -81.736295 28. 300.12 65 M 26.101982, -81.728258 29. ................... ......... . ..... .......... ......... ... ..................... 302.28 ............ I .............. .. . ............................................... ....... . ............ 110 kW ..................................................................................... 26.124105, -81.741754 30. 302.57 65 kW 26.108361, -81.690512 . 31. . . . . ....... 302.60 ........... . . ............ . . 170 kW 26.089023, -81.686262 3 2 .. 305.07 65 M 26.135352, -81.760275 - . ...... . 33. 305.10 ... . .. ....... . ... . ........ 65 kW 26.138090, -81.754281 .............. .. ... .. . . . . 34. . . . . . .. . .............. . ................................... ........ . . . . ... . 308.01 ....... I-" ........ ...... 1.111.111.1-1-1 ............ . . ..... 65 kW 26.136668, -81.770546 35. 308.03 65 kW 26.135937, -81.778086 36. 308.04 65 kW 26.132150, -81.768669 37. 308.07 kW 26.142048, -81.768372 38. 309.02 50 M 26.142203, -81.757236 39. 309.04 55 M 26.142084, -81.764659 ...... .... ............ ............................................................. 40. ...................................................................................... 309.09 ......................................................................................................................... 110 M 26.164156, -81.758892 41. 309.10 110 M 26.164092, -81.778198 42. 309.12 110 M 26.164023, -81.773495 ... ........................ . ........ ........ . ...... ... .. 43. .................. . ................ 309.13 ............. . ..... ....... . ........... . ............................................... . . . ........................ 55 M 26.161928, -81.771464 44. 309.23 110 kW 26.157040, -81.758838 30 9 .29 55 M 26.153514, -81.763472 . ....... . ........................ . ............. . . . . ..................... 46. 3 12 .07 . ......... . .. . ........................................ 55 M - 26.141041, -81.727545 47. 313.10 65 M 26.155566, -81.722546 ............... 111- ................................................................ ................. .................................. ....................................................................................................................... 26.028599, -81.687995 49. 1 316.02 65 M 26.019941, -81.687201 50. . .... . .. .. 110 M 26.030326, -81.685000 51. 318.03 110 kW 26.044884, -81.671180 52. 318 09 6 5 k W 26.051495, -81.704230 53. 404.01 65 M 26.289723, -81.590772 TASKS & DELIVERABLES: A) Tasks: 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all Federal and State Laws and Regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work, design, and construction plans presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued LO CD 4 I Packet Pg. 750 1 for the type of services being performed. The Sub -Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub - Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub -Recipient shall monitor and manage the procurement and setup 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 Sub -Recipient shall not deviate from the approved project terms and conditions. Upon completion of the work, the Sub -Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county building department (official), or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub -Recipient prior to Sub -Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation shall include: a) A letter affirming the purchase has been completed and requesting Final Inspection indicating the exact storage location of the generators. b) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. c) Verification letter or documentation showing that when deployed the generator will be protected to the 500-year (0.2% annual chance) flood elevation, and when not in use it will be stored in an un-shaded X zone or protected to the 500-year 0.2% annual chance) flood elevation if stored in a Special Flood Hazard Area (SFHA) or shaded X zone. d) Proof of compliance with Project Conditions and Requirements contained herein. 3) During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and 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. U) .2 LO 5 I Packet Pg. 751 1 All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, 1W L_ invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices, 0 and/or charges are legitimate and clearly identify the activities being performed and associated costs. W Sub -Recipient Management Costs (SRMC) expenditure must adhere to FEMA Policy #104-11-1 HMGP Management Costs (Interim) signed November 14, 2018. FEMA defines management costs as any: Indirect costs, Direct administrative costs, and other administrative expenses associated with LO a specific project. Administrative costs are expenses incurred by a Sub -Recipient in managing and administering the federal award to ensure that federal, state requirements are met including: LO solicitation, development, review, and processing of sub -applications; delivery of technical assistance; M 51k quarterly progress and fiscal reporting; project monitoring; technical monitoring; compliance activities associated with federal procurement requirements; documentation of quality of work verification for C4 C� quarterly reports and closeout; payment of claims; closeout review and liquidation; and records retention. Any activities that are directly related to a project are not eligible under management costs. For example, architectural, engineering, and design services are project costs and cannot be included under management costs. Similarly, construction management activities that manage, coordinate, and supervise the construction process from project scoping to project completion are project costs. These activities cannot be included under management costs. Due to Strategic Funds Management (SFM), SRMC Interim Policy requires management costs to be obligated in increments sufficient to cover Sub -Recipient needs, for no more than one year, unless contractual agreements require additional funding. FEMA has established a threshold where annual increments will be applied to larger awards allowing smaller awards to be fully obligated. Obligations will be handled by the size of the total subaward. The Sub -Recipient shall pre -audit all SRMC source documentation — personnel, fringe benefits, travel, equipment, supplies, contractual, and indirect costs. A brief narrative is required to identify what the funds will be used for. Documentation shall be detailed and clearly describe each approved task performed, hours devoted to each task, and the hourly rate charged including enough information to calculate the hourly rates based on payroll records. Employee benefits and tasks shall be clearly shown on the Personnel Activity Form, and all Personnel or Contractual SRMC shall be invoiced separate from all other project costs. Project Management Expenses (only applies to disasters prior to August 1, 2017, all others adhere to FEMA Policy #104-11 -1 for SRMC): The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third -party in -kind services, if applicable, shall be conducted by the Division in coordination with the Sub -Recipient. Quarterly Reports shall be submitted by the Sub -Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. M I Packet Pg. 752 1 The Sub -Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, and plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. LO The Sub -Recipient's final request for reimbursement shall include the final construction project cost. CD Supporting documentation shall show that all contractors and subcontractors have been paid. LO M N. B) Deliverables: Mitigation Activities consist of providing backup power to fifty-three (53) pump stations, located within Collier County, Florida, by purchasing portable generators. The portable generator(s) shall be stored at a location protected against a 500-year flood event or located outside the SFHA and shall be protected against wind with a rated enclosure based on its 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 this Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1 ) The Sub -Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub -Recipient shall provide a letter and documentation affirming the purchase has been completed and requesting Final Inspection indicating the exact storage location of the generator(s). 3) The Sub -Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. 4) 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. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. If project is delayed for a year or more after the date of the categorical exclusion (CATEX), then coordination with and project review by regulatory agencies must be redone. 2) Any change, addition or supplement to the approved mitigation measure or scope of work that alters the project (including other work not funded by FEMA, but done substantially at the same time) shall require resubmission to the Division and FEMA for revaluation of compliance with the National Environmental Protection Act (NEPA) and Section 106 of the National Historic Preservation Act (NHPA) prior to initiation of any work. Non-compliance with these requirements may jeopardize 7 Packet Pg. 753 FEMA's ability to fund this project. A change in the scope of work shall be approved by the Division and FEMA in advance regardless of the budget implications. 3) If any ground disturbance activities occur during construction, the Sub -Recipient shall monitor ground disturbance during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. 4) The Generators are supporting a critical action and when deployed must be protected to the 500-year (0.2% annual chance) flood elevation. When not in used they must be stored in an un-shaded X zone or must be protected to the 500-year (0.2% annual chance) flood elevation if placed in a Special Flood Hazard Area (SFHA) or shaded X zone. The Sub -Recipient must submit documentation to the State and FEMA documenting compliance with this condition. LO a. Any change to the portable generator storage location, shall be submitted to the Division by the T11 Sub -Recipient as soon as the area is known for Division Environmental Staff approval. CD LO 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(s) must be forwarded to the Division within 10 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) Special Conditions required on implementation of project: a. EO CONDITION: 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 and FEMA documenting compliance with this condition. Source of condition: Executive Order 11988 - Floodplains Monitoring Required: No 9) 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. 10) Sub -Recipient Management Costs (SRMC), implemented under the Disaster Relief and Recovery Act of 2018 (DRRA), amended Section 324 of the Stafford Act, and the Hazard Mitigation Grant Program M. I Packet Pg. 754 1 Management Costs (Interim) FEMA Policy 104-11 -1, provides 100% federal funding under HMGP to Sub -Recipients to efficiently manage the grant and complete activities in a timely manner. • SRMC must conform to 2 CFR Part 200, Subpart E, applicable program regulations, and Hazard Mitigation Assistance (HMA) Guidance (2015), ensuring costs are reasonable, allowable, allocable and necessary to the overall project. • Funding is for approved indirect costs, direct administrative costs, and administrative expenses associated with this specific project and shall have adequate documentation. • SRMC cannot exceed 5% of the total project costs awarded. • SRMC is 100% federally funded and will be reimbursed based on actual costs incurred for each individual Request for Reimbursement (RFR) submitted with the required documentation. LO • SRMC shall be reconciled against actual costs on a quarterly basis and annual basis. CD LO M • If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout. This is FEMA project number 4337-114-R. It is funded under HMGP, FEMA-4337-DR-FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4337. FEMA awarded this project on November 13, 2019; this Agreement was executed on March 18, 2020; and the Period of Performance for this project shall end on December 31, 2023. F) FINANCIAL CONSEQUENCES: If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub -Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance', 3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program; 4) Withhold further awards for the program-, or 5) Take other remedies that may be legally available. SCHEDULE OF WORK State Contracting: Construction Plan/Technical Specifications: Bidding / Local Procurement: Permitting: Construction / Installation: Local Inspections / Compliance: State Final Inspection / Compliance: Closeout Compliance: Total Period of Performance: 4 Months 4 Months 4 Months 4 Months 21 Months 4 Months 4 Months 4 Months 49 Months Packet Pg. 755 BUDGET Line Item Budget* Project Cost Federal Cost Non -Federal Cost Materials: $4,427,888.00 $3,320,916.00 $1,106,972.00 Labor: $0.00 $0.00 $0.00 Fees: $0.00 $0.00 $0.00 Initial Agreement Amount: $4,427,888.00 $3,320,916.00 $1,106,972.00 a 'Contingency Funds: $41,056.00 $30,792.00 $10,264.00 M Pr9ject Total: $4,468,944.00 $3,351,708.00 $1,117,236.00 ****SRMC SRMC: $74,482.40 $74,482.40 SRIVIC Total: $74,482.40 $74,482.40 cm C� *Any line item amount in this Budget may be increased or decreased 10% or less, with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. *** This project has an estimated $41,056.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part V1, D. 3.4 — Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re -budgeted to another direct cost category and identified. Post - award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of $0. 00 **** Sub -Recipient Management Costs (SRMC) are included for this project in the amount of $74,482.40 in Federal funding. Per the Hazard Mitigation Grant Program Interim FEMA Policy 104-11- 1, SRMC provides HMGP funding to Sub -Recipients to efficiently manage the grant and complete activities in a timely manner SRMC must conform to 2 CFR Part 200, Subpart E, ensuring costs are reasonable, allowable, allocable and necessary to the overall project. SRMC cannot exceed 5% of the approved total project costs awarded and shall be reimbursed at 5% for each Request for Reimbursement (RFR) submitted with the required documentation. If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout. Funding Summary Totals Federal Share: Non -Federal Share: Total Proiect Cost: SRMC (100% Federal) $3,351,708.00 $1,117,236.00 (75.00%) (25.00%) $4,468,944.00 (100.00%) $74,482.40 10 Packet Pg. 756 DIVISION OF Ron DeSantis Governor •Ao�ao.x+�' STATE OF FLORIDA EMERGENCY March 17, 2020 Michael Stevens Senior Project Manager Collier County 3299 Tamiami Trail East, Suite 303 Naples, Florida 34112 MANAGEMENT Jared Moskowitz Director Re: Project #: 4337-114-R, Collier County, 53 Collier County Pump Stations, 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, Mile �EAnderson Bureau Chief, Mitigation State Hazard Mitigation Officer MEA: km/a Enclosure DIVISION HEADQUARTERS Tel: 850-413.9969 • Fax: 850-488-1016 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.Florida Disasler.or 2702 Directors Row Tallahassee, FL 32399-2100 Orlando. FL 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: Collier Cou Sub -Recipient's unique entity identifier: Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass -through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub - Recipient by the pass -through entity Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass -through entity. - Contact information for the pass -through entity: Catalog of Federal Domestic Assistance (CFDA) Number and Name. - Whether the award is R&D: Indirect cost rate for the Federal award: 596000558 FEMA-DR-4337-FL 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 Mike. LalbachanQem.m florida.corn 97.039 Hazard Mitigation Grant Program NIA NIA THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Collier County, (hereinafter referred to as the "Sub -Recipient"). For the purposes of this Agreement, the Division serves as the pass -through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub -Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS RULES REGULATIONS AND POLICIES a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub - Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager for the Division shall: 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 Lalbaehan Project Manager Bureau of Mitigation Florida Division of Emergency Management 2702 Directors Row Orlando, FL 32809 Telephone: 850-815-4571 Email: Mike. Lalbachan em.m florida.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 colliercount fl. ov d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 3 (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK The Sub -Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (8) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall end on 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 the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub -Recipient oI for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"), The maximum reimbursement amount for the entirety of this Agreement is $ 3,351,708.00. d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any 4 false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment A, that clearly delineates: The required minimum acceptable level of service to be performed; and, The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal', which is defined in 2 C. F. R. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub -Recipient "relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation —personal services") and 2 C.F.R. §200.431 ("Compensation —fringe benefits"). If the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: awards; and, They are provided under established written leave policies; The costs are equitably allocated to all related activities, including Federal iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non -Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112,061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), 5 Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and, Participation of the individual in the travel is necessary to the Federal award. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: 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 ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10) RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the, Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement: If any litigation, claim, or audit is started before the expiration of the 5-year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. H. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass -through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass -through entity, the 5-year retention requirement is not applicable to the Sub -Recipient. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F,R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, 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 the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11) AUDITS a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Sub -Recipient of such non- compliance. e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. f. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address,- DEMSingle—Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.htmi M h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle—Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12) REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than fifteen (15) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The close-out report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub -Recipient shall provide additional reports and information identified in Attachment F. (13) MONITORING a. The Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. 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 appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. (14) LIABILITY a. Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and, as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; 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 time any of its obligations under this Agreement. (16) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein; Agreement; b. Begin an appropriate legal or equitablthire action to enforce performance of this c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii, Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. if the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. (17) TERMINATION 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 mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub -Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (18) PROCUREMENT a. The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200.318(i), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen 13 (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub - Recipient. While the Sub -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: paragraph (17) above; and, solicitation. Terminate this Agreement in accordance with the provisions outlined in Refuse to reimburse the Sub -Recipient for any costs associated with that e. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non -compliant, then the Division may: paragraph (17) above; and, Terminate this Agreement in accordance with the provisions outlined in 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 applicable 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 "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." h. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: business; companies; contracts; equivalent; Place unreasonable requirements on firms in order for them to qualify to do ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated iv. Execute noncompetitive contracts to consultants that are on retainer V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. i. "JE]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. j. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. 15 k. The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. For each subcontract, the Sub -Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). (19) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A -- Budget and Scope of Work iii. Attachment B — Program Statutes and Regulations iv. Attachment C — Statement of Assurances V. Attachment D — Request for Advance or Reimbursement vi. Attachment E — Justification of Advance Payment vii. Attachment F — Quarterly Report Form viii. Attachment G — Warranties and Representations ix. Attachment H — Certification Regarding Debarment x, Attachment I — Federal Funding Accountability and Transparency Act xi. Attachment J — Mandatory Contract Provisions (20) PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest - bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. 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 the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division. (21) REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. 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 seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub -Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph (22) f. ii. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. h. In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each intended subcontractor which Sub - Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the 18 provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. k. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("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. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. m. The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (23) LOBBYING PROHIBITION activities. a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief. - No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of 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 agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." iii. The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightabie material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or 20 should know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. (25) LEGAL AUTHORIZATION The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub - Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub - Recipient to the terms of this Agreement. (26) EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 21 ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant 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 result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to hart II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27) COPELAND ANTI -KICKBACK ACT The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: 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 contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30) SUSPENSION AND DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180,995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded 24 (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935), H. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii, This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31) BYRD ANTI -LOBBYING AMENDMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (32) CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS a. if the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F,R. §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 25 iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (33) ASSURANCES Attachment C. The Sub -Recipient shall comply with any Statement of Assurances incorporated as K97 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB -RECIPIENT: Collier Count By:i1%' , C Name and title: Burt L. Saunders Chairman Date: 02/25/2020 FID#_(aO(, n <:_ 5S STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: � 'x �G Name and TVe:,/—Jared Moskowitz,Director Date: a "Owwee-wl Approved us to torn and Icgality Jennifer A. Belpedio Assistant County Attorney � man 27 CMI§T-Al k ,JkINZEL, CLERK . :Attest as to Chairmn''s' signature only, EXHIBIT — 1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal_Emergency Management Agency: Hazard Mitigation Grant Catalog of Federal Domestic Assistance title and number: 97.039 Award amount: $ 3 351,708.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities • Sections 1361(A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264 • 31 CFR Part 205 Rules and Procedures for Funds Transfers Federal Program: Sub -Recipient is to use funding to perform the following eligible activities: • 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 violation of the terms of the Agreement. 28 Attachment A Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to 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 with ail applicable Federal, State and Local Laws, Regulations, and Codes. PROJECT OVERVIEW: 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 installation of 53 permanent 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 during severe weather events causing extended power outages, flooding and storm surge conditions. 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 Regulations. Project Locations: IN — PS Coordinates 1 101.02 26.274823,-81.825054 101.04 26.266610,-81.825325 3 101.05 26,256750,-81.823200 _ 101.15 26.252941,-81.802540 5) 101.17 26.274049,-81.8104_56 6) 103.11 26.277559,-81.750373� 7 1103.12 26.283734,-81.751392 8 103.13 _ 26.302750,-81.767796 9 104.01 26.235115,-81.782443 10L 104.22 26.186329,-81.697913 11 12 �', 105.05 107.07 26.255387,-81.775802 26.279709,-81.729128 13) 108.05 26,216600,-81.725007 14 1.00 26.271277,-81.794274 15) 119.00 26.312904,-81.818454 16 119.06 26.313156,-8_1.822192 17) 18 121.02 133.00 _ 26.329_913,-81.827258 26.274600,-81.763746 19 20 21�) —�- 138.00 144.00 144.04 26.201884,-81.763785 26.191377,-81.763497 26.183849,-81.764673 29 .221 145.00 26.239191,-81.76591 D 23) 149.00 26.312016,-81.802456 24) 171.00 26.269385,-81.694825 25 180.00 26.244466,-81.714953 26 300.06 26.096522,-81.731092 27 30D.D7 26.096933,-81.736295 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) 1 308.01 26.136668,-81.770546 35 j' 308.03 26.135937,-81.778086 36 �' 308.04 26-132150,-81.768669 37) 308.07 26.142048,-81.768372 38 309.02 26.142203,-81.757236 39 _ 309.04 26.142084,-81.764659 40 309.09 26.164156,-81.758892 41 309.10 26.164092,-81.778198 42) 309.12 26.164023,-81.773495 43) 309.13 26.161928,-81.771464 44) 309.23 26.157040,-81.758838 45 309.29 26.153514,-81.763472 46 i 312.07 26.141041,-81.727545 47 313.10 26.155566,-81.722546 48 316.01 26.028599,-81.687995 49 316.02 26.019941,-81.687201 50 316.04 26.030326,-81.685000 51 318.03 26.044868,-81.671162 52 318.09 26,051495,-81.704230 53) 404.01 26289723,-81,590772 TASKS & DELIVERABLES: A) Tasks: 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all Federal and State Laws and Regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per sealed engineering designs and construction plans presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. 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, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub -Recipient 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 Sub -Recipient shall not deviate from the approved project terms and conditions. Upon completion of the work, the Sub -Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county building department (official), or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub -Recipient prior to Sub -Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation shall include: a) Copy of permit(s), notice of commencement. b) Local Building Official Inspection Report and Final Approval. c) 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 protection requirements on all products utilized. g) Verification letter or documentation showing the generators are protected to the 500-year (02% annual chance) flood elevation, excluding the following 10 sites that are located outside the floodplain or wetland: PS# 103.11, 103.12, 104.01, 10T07, 119.00, 138.00, 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 include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third -party in -kind services, if applicable, shall be conducted by the Division in coordination with the Sub -Recipient. Quarterly Reports shall be submitted by the Sub - Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub -Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, and plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub -Recipient's final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. 32 13) 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 this Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1) The Sub -Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub -Recipient shall provide a copy of the Notice of Commencement, and any local official Inspection Report and/or Final Approval, as applicable. 3) The Sub -Recipient shall submit a final copy of the completed project's As -built 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 certified 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 conformance with the approved project drawings, specifications, scope, and applicable codes. 6) The Sub -Recipient shall submit all Product Specifications I 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. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. If project is delayed for a year or more after the date of the categorical exclusion (CATEX), then coordination with and project review by regulatory agencies must be redone. 2) Any change, addition or supplement to the approved mitigation measure or scope of work that alters the project (including other work not funded by FEMA, but done substantially at the same time) shall require resubmission to the Division and FEMA for revaluation of compliance with the National Environmental Protection Act (NEPA) and Section 106 of the National Historic Preservation Act 33 (NHPA) prior to initiation of any work. Non-compliance with these requirements may jeopardize FEMA's ability to fund this project. A change in the scope of work shall be approved by the Division and FEMA in advance regardless of the budget implications. 3) If any ground disturbance activities occur during construction, the Sub -Recipient shall monitor ground disturbance during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. 4) 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 within 10 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 (02% 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, 107,07, 119.00, 138.00, 144.04, 145.00, 316,02, 404.01 Source of condition: Executive Order 11988 — Floodplains Monitoring Required: 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 with the PAS Operational 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 appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub -Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. SCHEDULE OF WORK 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* Project Cost Federal Share Non -Federal Share Materials: $2,514,108.00 $1,885,581.00 $628,527.00 Labor: $918,510.00 $688,882.50 $229,627.50 Fees: $1,036,326.00 $777,244.50 $259,081.50 Initial Agreement Amount: $4,468,944.00 $3,351,708.00 $1,117,236.00 ***Contingency Funds: $41,056.00 $30,792.00 $10,264.00 Project Total: $4,510,000.00 $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 project has an estimated $41,056.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part VI, D.3.4 — Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re -budgeted to another direct cost category and identified. Post - award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of $41, 056.00 Funding Summary Federal Share: $3,382,500.00 (75.00%) Non -Federal Share: $1,127,500.00 (25.00%) Total Project Cost: _ $4,510,000.00 (100%) K% Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and (5) All applicable laws and regulations delineated in Attachment C of this Agreement In addition to the above statutes and regulations, the Sub -recipient must comply with the following: The Sub -recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. The Sub -recipient shall not deviate from the approved project and the terms and conditions of this Agreement. The Sub -recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Sub -recipient and any land use permitted by or engaged in by the Sub -recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Sub -recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land use permitting authority, where required. The Sub -recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. The Sub -recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then the Sub -recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project. (1) The property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; 37 (2) No new structure will be erected on property other than: a. a public facility that is open on all sides and functionally related to a designed open space- b. a restroom; or (3) A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; (4) After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and (5) If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44 CFR 206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Sub -Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. As a reminder, the Sub -recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: (1) For Construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need for additional funds" (44 CFR 13(c)); (2) A change in the Scope of Work must be approved by FEMA in advance regardless of the budget implications; and (3) The Sub -recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA sixty (60) days prior to the project expiration date. The Sub -recipient assures that it will comply with the following statutes and regulations to the extent applicable: (1) 53 Federal Register 8034 (2) Federal Acquisition Regulations 31.2 (3) Section 1352, Title 31, US Code (4) Chapter 473, Florida Statutes (5) Chapter 215, Florida Statutes (6) Section 768.28, Florida Statutes (7) Chapter 119, Florida Statutes (8) Section 216.181(6), Florida Statutes (9) Cash Management Improvement Act of 1990 (10) American with Disabilities Act (11) Section 112.061, Florida Statutes (12) Immigration and Nationality Act (13) Section 286.011, Florida Statutes 38 (14) 2 CFR, Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (18) Omnibus Crime Control and Safe Streets Act of 1968, as amended (19) Victims of Crime Act (as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (21) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990) (22) Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and Part 39 (23) 42 U.S.C. 5154a 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 resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandings and assurances contained in it, and directing and authorizing the Sub -recipient's chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of the Sub -recipient or its designees or agents, no member of the governing body of the locality in which this program is situated, and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Sub -recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above; (d) All Sub -recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Sub -recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Sub -recipient. Any cost incurred after a notice of suspension or termination is received by the Sub -recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Sub -recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work -week. (f) It will comply with (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub - recipient received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Sub - recipient, this assurance shall obligate the Sub -recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is 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; layoffltermination, rates of pay or other forms of compensation; and election for training and apprenticeship; (g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, Florida Statutes; (h) It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; {i) It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; (j) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; For sites located within Special Flood Hazard Areas (SFHA), the Sub -recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Model Acknowledgement can be found at www.fema.govlgovernmenta/grant/sfha_conditions.shtm (k) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Sub - recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (1) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the Nationai 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 Preservation Act (NHPA), 16 U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800. (4) When any of the Sub -recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency Management Agency (FEMA) may require the Sub -recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Sub -recipient agrees to participate in consultations to develop, and after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) The Sub -recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation of footings and foundations, and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Sub -recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery or archeological data from the property. If the Sub -recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". The Sub -recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within fifteen (15) calendar days of receipt of the treatment plan, FEMA may direct the Sub -recipient to implement the treatment plan. If either the Council or the SHPO object, Sub -recipient shall not proceed with the project until the objection is resolved. (6) The Sub -recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify a HMGP project for a National Register eligible or listed property, (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. The Sub -recipient acknowledges that FEMA may require the Sub - recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Sub - recipient further acknowledges that FEMA may require the Sub -recipient to take all 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 with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) The Sub -recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, the Sub -recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse effect to occur. (m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686) which prohibits discrimination on the basis of sex; (n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (p) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto; (r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this Agreement; (s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C. 3601- 3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; (u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626 (v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544; (w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; (x) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (y) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U,S.C. 4321-4347; (z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.; (aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; 43 (bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; (cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs; (dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); A It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; (gg) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666. (ii) With respect to demolition activities, it will: (1) Create and make available documentation sufficient to demonstrate that the Sub - recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. (2) Return the property to its natural state as though no improvements had ever been contained thereon. (3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in the Sub -recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. (4) Provide documentation of the inspection results for each structure to indicate: a. Safety Hazard Present b. Health Hazards Present c. Hazardous Materials Present (5) Provide supervision over contractors or employees employed by the Sub -recipient to remove asbestos and lead from demolished or otherwise applicable structures. (6) Leave the demolished site clean, level and free of debris. (7) Notify the Division promptly of any unusual existing condition which hampers the contractor's work. (8) Obtain all required permits. (9) Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. (10) Comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 44 {11) Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR, Part 15 and 61). This clause shall be added to any subcontracts. (12) Provide documentation of public notices for demolition activities. 45 Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS SUB -RECIPIENT: Collier County REMIT ADDRESS: CITY: Naples STATE: FL PROJECT TYPE: Generators PROJECT #: PROGRAM: Hazard Mitigation Grant Program CONTRACT #: APPROVED BUDGET: FEDERAL SHARE: ADVANCED RECEIVED: NIA AMOUNT: Invoice Period: To ZIP CODE: 4337-114-R H0419 MATCH: SETTLED? Payment #: Eligible Amount 100% (Current Request) Obligated Federal Amount 75% Obligated Non- Federal 25% Division Use Only Approved Comments TOTAL CURRENT REQUEST: $ By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812. SUB -RECIPIENT SIGNATURE: NAME I TITLE: APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST APPROVED FOR PAYMENT DATE: TO BE COMPLETED BY THE DIVISION GOVERNOR'S AUTHORIZED REPRESENTATIVE DATE 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 #: 4337-114-R PROGRAM: Hazard Mitigation Grant Program CONTRACT #: H0419 REF NO' DATE' DOCUMENTATION 4 (Check) AMOUNT ELIGIBLE COSTS 100% 1 2 3 4 5 6 7 8 9 This payment represents % completion of the project. TOTAL Heclpient's internal reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule #) s 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. [ I 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 CATEGORYILINE 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. ED] Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM Instructions: Complete and submit this form to the appropriate Project Manager within fifteen (15) days of eachquarter's end date. SUB -RECIPIENT: Collier Cou PROJECT TYPE Generators PROJECT #: CONTRACT# 4337-114-R PROGRAM: Hazard Mitigation Grant Program QUARTER ENDING: 19 Advance Payment Information: Advance Received ❑ NIA ❑ Amount: $ Advance Settled? Yes ❑ No ❑ Provide reimbursement Projections for this project (projections may change): Jul -Sep 20_ $ Oct -Dec 20_ $ Jan -Mar 20^ $ Apr -Jun 20_ $ Target Dates: Contract Initiation Date: Estimated Project Completion Date: Contract Expiration Date: Project Proceeding on Schedule? ❑ Yes ❑ No (if No, please describe underlssues below) Percentage of Work Completed (may be confirmed by state inspectors): % Describe Milestones achieved during this quarter: Provide a Schedule for the remainder of work to project completion: (Milestones from Contract with estimated dates) Milestone Date Describe Issues or circumstances affecting completion date, milestones, scope of work, and/or cost: Cost Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget Additional Comments/Elaboration: NOTE: Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at 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 by Division staff — Reviewer- 49 Attachment G Warranties and Representations Financial Management The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements —Procurement Standards (2 C.F.R. §§200.317 through 200.326). Business Hours The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: 8:00 AM - 5:00 PM, Monday Thru Fridm as applicable. Licensing and Permitting All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub -Recipient. 50 Attachment H Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor, of the Sub -Recipient certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR By: Signature Name and Title Street Address City, State, Zip Date Collier County Sub -Recipient's Name H0419 DEM Contract Number 4337-114-R FEMA Project Number 51 Attachment I Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision, The FFATA legislation requires information on federal awards (federal assistance and expenditures) be made available to the public via a single, searchable website, which is http�//www.usaspending.gov/. The FFATA Sub -award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management ("FDEM" or "Division") must use to capture and report sub -award and executive compensation data regarding first -tier sub -awards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a sub - award (Agreement) that obligates $25,000 or more in federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT*: 4337-114-R FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $ 3,351,708.00 OBLIGATION/ACTION DATE: November 13, 2019 SUBAWARD DATE (if applicable): DUNS#: 076997790 DUNS# f4: 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: DBA NAME (IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY PARENT COMPANY DUNS# (if applicable): STATE ZIP CODE+4** CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): DESCRIPTION OF PROJECT (Up to 4000 Characters) 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 installation of 53 permanent 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 during severe weather events causing extended power outages, flooding and storm surge conditions. 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 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 Zip+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 170.320-1 , (b) $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes❑ No[� If the answer to Question 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 d No ❑ If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at httpllwww.sec.gov/answerslexecomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives", in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive" is defined as "officers, managing partners, or other employees in management positions". "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above -market earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 54 TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion Rank (Highest to Lowest) Name (Last, First, MI Title Total Compensation for Most Recently Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: /" A4ACC STEVEA[S P4WC1PAL RaalEGr N%NAGEQ DATE: 2 55 Attachment J Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the required provisions. The Division provides the following list of sample provisions that may be required: REV BOMB Guidance {D'- Dams-Eacar Act. as amended (40 U.S.C, 214.1-3148), Whorl required by Federal program Ieglslat#on_ all prune construction contracts In excess of 52.E awarded by non -Federal antltles must include a provision for compli- .aaee with the Davis -&seen Act (40 U.S.C. 31414144_ and 314&-3148) as supplemented by Department of Labor regulations f2P CPR Parr 5, "Labor Stardsrds Provisions Appli- cable, to Contracts Cavoring Federally Fi- nanced and Assisted Construction"i. In ac- cordance with the atatut.e, contractors must be required to pay wages to laborers and me- chanics ata rate not less than the prevailing wages speckled In a wage det-F.=inatlon made by the Secretary of Labor. In addition. contractors must be required to pay wages not less than once a wea€t_ The non -Federal entity must place- a copy of 6bo current pra- valling wage determinatton issued by the De- partment of Labor in each solleltatdon, The decision to award a contrast or sutx,ontract must be conditioned, upon the acceptance of rho wage determination. The non-Pederal en- tity must report all suspected or reported violations to the Pederal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti - Kickback" Act 440 U,S.C_ 3143i. a; stipple- niented by Department of Labor regulations 4.29 CPR Part 3, "CUntractors and Sub- contractors on Public Bulldtng or Public Work Financed in Whole or in Part. by Loans or Grants from the United States�'i, The Act provides that each contractor or sub - recipient moat be prohibited from inducing. by any rnAaans. any person emplo;ed in the construction. completion. or repair of public work. to give up any part of the compensa- tion to which he or she is otherwise entitled. The non-Pederal entity must report all sus- pected or reported violation; to the- Pederal awarding :agency, ?E) Contract Work Hours and Safety Standards Act (40 U.S-C. 3;tFl OS). 1A'hery applk;abl€, all contracts awarded by the non - Federal entity In excess of 1100.OGO that In- volve the orriployment of mechanics or labor - ors must include a provision for compliance with 40 U.S_C. 3702 and 37,41. as aupplemented by Department of Labor regulations (29 CPR Part 5). Under 40 I-T,S.C. 3702 of the Act, each contractor must• be required to compute the wages of every rrechanli and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is p_-,rmissible provided that, the worker is com- pensated at a rate of not less than one and a half times tbLl basic rate of pay for all houT:; worked M excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to constrwAlou work and provide that no laborer or mechanic must be re- quirod to work in surroundin_s or under working conditions which are unsanitary. hazardous or dangerous. Thee requirements do not apply to the purchases of supplies or 57 Ft. 200, App. II materials or articles ordinarily available on the open market, or contracts for transpor- tation or transmission of inielligence_ i P) Riehts to Inventions Made Linder a Contract or Asreement. If the Federal award meets the deflnit•Son of "fundinir agreement" under 37 CPR §4011 la} and the recipient or subreMpiont wishes to enter into a contract with a small business firm or nonprofit orga- niratlan regarding the substitution of par- ties. asslgnmant or performance of experi- mental, developmental, or research work under that "funding agreement.," tha recipi- ent or su.breclpient must comply with the re- quirements of 37 CPR Part 401, '.Rights to In- ventions Made by Nonprofit Organizations and Small Business Firms Under Govern- ment Grants. Contracts and Cooperative Agreenients," and any implementing regula- tions issued by the Awarding agency, (G) Clean Ali, Act (42 V.S.C_ 7401-7C71p.) and the Federal Water Pollution Control Act 433 U_S,C. 1251-13S77i_ as amended—C•onwacts and sub -,=rants of arnounLt in excess of $150,0)o muse contain a provision that requires the non-Podtral Award to agree to comply with all applicable standards, ordin, or regula- tions issued pursuant to the Clean Air Act. (42 U,S,C. 740176 1q) and rho Pederal water Pollution Control Act as amended (a3 C,.S.C. 1251-13971. iriolations must be reported to the Federal awarding agency and the Regional Office of the Enviroumenral Protection Agency a EPA). ikp mandatory standards and policies re- latIng to energy efftclency which are con- tained in the stag energy conservation plan Issued In compliance with the >ner;» Policy and Conservation Act (42 U.S.C. GMI'_ iI1 Debarment and Suspension iExecut , Orders 1250 and 12699)—A contract award (see 2 CPR 180.2201 must, not be rna& to par- ties listed on the rovernment%1do Excluded Parties List Sjst-arn in the SFsr,eni for Award Manaeement i:5A9'!). in accordance with the w 414M idellnas at 2 CPR 190 that Implement Executive Orders 12510 i3 CPR Part. 3996 Comp., p. 1891 and 126D (3 CPR Part 1999 Comp.. p. 2335), "Debarment and Suspension.•, Tha Extluded Parties List Sysysm in SAM conta m, the names of parties debarred, sus. pended. or otrLerwise excluded by agencies, as well as parties declared ineligible under staff utnry or regulatozy atiLhority other than Ex- ecut.lvq- Order 12349. (J i Byrd Anti-Lobb.!,1ng Amendment t31 U.S_C_ 13.52)—Contractors that apply or bid for an award of 5100,000 or more must file the required certification, Each ier certifies to the tier above that. it will not and has not used Pa-doral appropriated funds to pay any person or organization for Influencing or at- ternptinz to influence an officer or employee of any aponcy, a member of Conglass, officer or employee of Con -are -Vs. or an eniplosae of a member of Congrea in connection with ob- talWn_ env Federal contract, grant or any 195 Pt. 2DO, App. lil other award covered by 31 U-S.C- 1252. rach tier must also disclose any labbying with non -Federal funds that takes place in oon- nactlon with obtaining amLv Federal award - Such disclosures are forwarded from tier to tier up to the non -Federal aRard- 4K) Sv2 12DO Frocurament of recovered matellals. APFF-NDi1 III TO PART 240—INN RECT d l•'&A) COSTS IDENTIFicATCON AND ASsic:NY__ 4T. AND R_kT8 DETE mLNA- TroY FOR INSTITUTIONS of I{IOIfER Ii,DTx. TIox (IFIES) A- fx"€S[SEFULL This appandix proigdes eriter7a for idontt- fvIng and computing indirect for indirect (P&Aj) rates- at IIIEs tinstitutions:. Indirect (F&.A) Costs are those that aro Incurred for common or joint objectives and therefore cannot be identified readily and specifically with a particular sponsored project. an ln- structional activity, or any other institu- tlumal activity. See subsection B-1. Defini- tion of Va4;ilities and Administration- fur a discusslon of the components of indirect (F$A) costs. 1- Major Functl.orns frf at: ln.sittutiota Refers to instruction. organized rosoar_h, other sponsored activitles and other institu- tional activittesas defined in this section. a_ his.`rflmon means the teachrrig and trainln3 activities of an institution. P-xcept for research training as pmvlded in sub- saccion b. this term includes all teaching and training activities. whether they are offered for credits toward a deirree or certificate or on a non-credit basis, amd whether they are offered tlireugh regular academic depart- ments or separate divisions_ such ms a sum- mer school division or an ext. nsion divislou. Also considered part of this major function are depanmental research, and. when agreed to. university research, fl, Sparnsored Inurucflon and frulttif.0 meats specific instructional or training actii;ty es- tablished by grant, contract. or cooperative agreement. For purposes of the cost prin- ciples. this act1 My may be considered a major function even though an Institution's aacouncing treatment may include it In the Instruction function. S2x Depar!rnenfal research means research. development and scholarly activities that are not organized research and, con- ssquently, are not .separatl;- budgeted and accounted for. Departmental research. for purposes of this document, is not considered as a major lYmMlon_ but, az a part of the 1-a- sttuction function of the lustnu5lon. 1). brvanLwd resswrck means all research ar_d development activities of an institution that are saparataly budgeted and aceounted for. it includes: 58 2 CER Ch. !i (1-1-14 Edition) (is Sponsored res%mrch means all research and development activities that are spon- sored by Federal and non -Federal agencies and oraanizatloms This gore. includes acW I - ties involving the training of individuals in research techniquos tcornmonly called re- search tralnfnzi where such activities utilize the same facilities as other research and de- vefopmont activities and where such activi- ties are net Included in the instruction func- tion- (2) Uritwsitli research means all research and development activities that are sepa- rately budgeted and accounted for by the in- stitution under an IntArnal application of in- stitution -al funds. University research. for Purposes of this document. must be com- bined with sponsored €,2seaffn under the function of organized research. L. Qtker.syonsored Welvines means program', and prolact: financed by Federal and non - Federal agencies and ornantzatlons which in- volve tba performance of work other than im- structdon and organized rast.arch. Examples of such program and projects are health service projects and community service pro- grams. H€ u°ever. when any of these activities are undertaken by the institution without outside support, they may be classified as ocher Mstltution al activities. d, other itist.uafionW QCffru.'es Means all ac- tivities of au institution except for imstrue- tion. departmental research, organized re- search. and other sponsored activities. as de - fin -ad in this section; tndlrect (F&A) cost ac- tivities identified In this Appendix para- graph B. Identification and assignment of ln- direot• IF&A) costs; and specialized serrices facilities descrihad In §-'W.458 Special€md service factlities of this Part. Examples of other Institutrionnal activities Include operation of residence halls, diniri_ hails, hospitals and clinics, student, unions. intercollegiate athletics, bookstores. faculty housing. student apartments. guest houses. chapels. theaters. public museum_,- and other Similar auxiliary ertorprixs. This definition also includes any other categories of activl- tiev. costs of w'hteh are "unallowable" to Federal award-, unless otherwise indicated in an award. ?. Gritma for f)isfrfbufawi a- Base Wlod. A bass period for distribu- tion of indirect tF&Ai costs is tine period during; which the costs are incurred- The base period normally should coincide with the fiscal year established by the Institution, but in au event the base period should be so selectod as to avoid inequitles In the dis- tribuUon of costs. h_ Need for casf .vrotLp1nQs. no overall ob- jective of the indirect (FRAY cost allocation process is to di:itribute the indirect iF&Ai costs desvribed in Section B. Identification and asylsnment of Indirect +F&Aa costs. to 196