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Backup Documents 08/26/2008 Absentia Board of County Commissioners ABSENTIA BACK-UP DOCUMENTS August 26, 2008 2008 EXECUTIVE SUMMARY APPROVED IN BOARD'S ABSENCE Item 16Fl, TO BE RATIFIED ON SEPTEMBER 9,2008: APPROVAL OF THE FOLLOWING DOCUMENTS BY THE COUNTY MANAGER IS SUBJECT TO FORMAL RATIFICATION BY THE BOARD OF COUNTY COMMISSIONERS. IF THE DECISION BY THE COUNTY MANAGER IS NOT RATIFIED BY THAT BOARD, THE DOCUMENT(S) SHALL BE ENFORCEABLE AGAINST COLLIER COUNTY ONLY TO THE EXTENT AUTHORIZED BY LAW IN THE ABSENCE OF SUCH RATIFICATION BY THAT BOARD. A. RECOMMENDATION TO AWARD RFP NO. 08-5022 "ANNUAL CONTRACT FOR RIGHT -OF- WAY ACQUISITION AND REAL ESTATE RELATED SERVICES" TO HDR ENGINEERING, INC. FISCAL IMPACT: NONE. B. RECOMMENDATION TO APPROVE AN AGREEMENT FOR A TEMPORARY CONSTRUCTION EASEMENT AND OTHER SITE MODIFICATIONS NECESSITATED FOR CLOSURE OF ONE DRIVEWAY AND THE MODIFICATION TO ANOTHER DRIVEWAY AT MA VRICK HOUSE RELATED TO THE EXPANSION OF SANTA BARBARA BOULEVARD FROM DAVIS BOULEVARD TO NORTH OF GOLDEN GATE P ARKW A Y. PROJECT NO. 62081. ESTIMATED FISCAL IMPACT: $27,957.00 C. RECOMMEND APPROVAL OF CHANGE ORDER #1 FOR AGREEMENT WITH DIA MONDE TO INCREASE INTERNATIONAL TOURISM MARKETING EXPENDITURES BY $16,000 FOR THE BALANCE OF FY08 AND AUTHORIZE THE CHAIRMAN TO EXECUTE CHANGE ORDER #1. D. RECOMMENDATION THAT THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC) RATIFY THE COLLIER COUNTY AIRPORT AUTHORITY'S Page 1 August 26, 2008 (BCC Ratification on September 9, 2008) APPROVAL OF THE ATTACHED AIRPORT AUTHORITY RESOLUTION NO. 08-34 ON AUGUST 11,2008 REQUIRED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) TO APPLY FOR AND RECEIVE A RURAL BUSINESS ENTERPRISE GRANT (RBEG). E. RECOMMENDATION THAT THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $38,115 TO FUND ENGINEERING, SURVEYING AND ECOLOGICAL CONSULTING SERVICES FOR THE EXTENSION OF RUNWAY 9/27 AT THE IMMOKALEE REGIONAL AIRPORT. F. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVES, AND AUTHORIZES THE CHAIRMAN TO SIGN A SUBRECIPIENT AGREEMENT WITH SHELTER FOR ABUSED WOMEN AND CHILDREN, INC., FOR $113,000 IN CONTINUUM OF CARE FUNDING TO SUPPORT THE SHELTER OPERATIONS AND SUPPORTIVE SERVICES. G. APPROVE A BUDGET AMENDMENT TRANSFERRING $66,000 OF GENERAL FUND RESERVES TO THE OTHER GENERAL ADMINISTRATION COST CENTER. H. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ACCEPT AND AUTHORIZE ITS CHAIRMAN TO SIGN AN A WARDED HAZARD MITIGATION GRANT AGREEMENT 09HM-6G-09-21-01-019 (75/25) FOR $58,750 FROM THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT FOR THE PURPOSE OF SHORELINE PRESERVATION AT THE ISLES OF CAPRI FIRE STATION AND TO APPROVE THE ASSOCIATED BUDGET AMENDMENT. I. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE, AND AUTHORIZE THE CHAIRMAN TO SIGN, GRANT AGREEMENTS ACCEPTING Page 2 August 26, 2008 (BCC Ratification on September 9, 2008) TWO CONTINUUM OF CARE HOMELESS ASSISTANCE GRANT AWARDS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) TOTALING $217,645; AND APPROVE THE ASSOCIATED BUDGET AMENDMENTS OF $113,000 AND $104,645 RECOGNIZING THE FUNDING ASSOCIATED WITH THE TWO GRANT AWARDS. J. RECOMMENDATION TO APPROVE THE PROPOSED "NO PARKING" SIGNS ON SPANISH OAKES LANE AT OAKES NEIGHBORHOOD PARK. K. REQUEST APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS TO EXCEED THE $750,000 THRESHOLD OF THE ANNUAL CONTRACT NO. 06-3902 BY $99,818 (PROJECT 195-905363) Page 3 August 26, 2008 (BCC Ratification on September 9, 2008) Meeting Details Page 1 of3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) ~' y )/ ..... \ AGENDA August 26, 2008 9:00 AM Tom Henning, BCC Chairman Commissioner, District 3 Donna Fiala, BCC Vice. Chairman Commissioner, District 1; CRAB Chairman Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGEND, ITEM TO BE ADDRESSED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004.05 AND 2007-24, REQUIRES ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITl WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECOI THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH TH APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATI THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTAN( PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAS TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARIN IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1 :00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards http://bccagenda/lntranetlMeetingDetails.aspx?meetingid= 120 8/26/2008 Meeting Details Page 2 of3 B. 20 Year Attendees C. 25 Year Attendees D. 30 Year Attendees E. 35 Year Attendees 4. PROCLAMATIONS 5. PRESENTATIONS 6. PUBLIC PETITIONS I1fJrn.Ll1nd 8 to be heardno sooner I/Jan 1 :00 p.rn" unless ()t/Jerwise nQted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS 10. COUNTY MANAGER'S REPORT 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ---------------------------------------.------------------------------------------------------------------------------------.-----------.------------------, 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taker one motion without separate discussion of each item. If discussion is desired by a member of the Board, th item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------------------------------------------------------, A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES B. TRANSPORTATION SERVICES C. PUBLIC UTILITIES D. PUBLIC SERVICES http://bccagenda/lntranetlMeetingDetails. aspx ?meetingid= 120 8/26/2008 Meeting Details Page 3 of3 E. ADMINISTRATIVE SERVICES F. COUNTY MANAGER Recommendation to Award RFP No. 08-5022 "Annual Contract for Right-of-Way Acquisition anc Real Estate Related Services" to HDR Engineering, Inc. Fiscal Impact: None. ~Q!!lm~D1~ AttaGt![!len~ Recommendation that the Board of County Commissioners approves, and authorizes its Chairn to sign, a Subreciplent Agreement providing Supplemental Disaster Recovery Initiative (DRI) funding in the amount of $300,000.00 to Immokalee Helping Our People In Emergencies, Inc. (I HOPE), to fund the construction of two owner-occupied, single-family homes to replace homes severely damaged by Hurricane Wilma. COmm~nls Att~chm~_nlli Recommendation to approve an Agreement for a temporary construction easement and other s modifications necessitated for closure of one driveway and the modification to another drivewa Mavrick House related to the expansion of Santa Barbara Boulevard from Davis Boulevard to "' of Golden Gate Parkway. Project No. 62081. Estimated fiscal Impact: $27,957.00. CO."'rn~n~ Attachments Recommendation to approve the proposed "No Parking" signs on Spanish Oakes Lane at Oake Neighborhood Park. Gommenlli I\tt~Ghments G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTI TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZII AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEI ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION. THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE S' IN. 18. ADJOURN !NQ!llRIES CONCERNING CHANGES TO nt!:: BOARD'S AGENDA SHOUL~_BE IIItA.D_E TOT!:!ECOUNTY MANA' OFFICE AL~!i2-8383. http://bccagenda/IntranetlMeetingDetails.aspx ?meetingid= 120 8/26/2008 llo F 2JA) , 8!/J.p 10 A~5efTha APPROACH AND UNDERSTANDING III . INTRODUCTION function as a direct extension of Collier County's RJW HDR Engineering, Inc, is a full service engineering firm staff and to produce a quality product on schedule and within budget. Based on our experience, qualifications with over 7,000 employee owners, Our right-ot-way group and resources. HDR is well surted to provide the variety of has grown to 125 agents across the country. We have services required to accomplish this contract. direct access to in-house support services including engineering, environmental, drainage, utilrties and survey. HDR has a project delivery process, and our entire Selecting HDR for this important contract offers a reliable, project team is trained accordingly, Through our past established firm that has been well-anchored in Florida experiences we've consistently found there are several since 1987. We Will be there for Collier County throughout critical elements necessary to ensure a successful project. the contract's duration and beyond. These critical elements, described in detail below, will be managed in a coordinated, comprehensive manner uSing The purpose of the Request for Proposal is to select a HDR's project delivery process. right-of-way firm to supplement and support the in-house Client and Stakeholder Interaction - As an important staff of Collier County to provide cost estimating, first step, Mr. Thompson will ensure that the County has a acquisition, appraisal, and property management services. "one-stop" contact tor any contractual needs. He will make HDR has proposed an extremely qualified, experienced certain each task is property staffed and that assignments team who will represent the County with the utmost professionalism al alltimes. are carefully considered to ensure each team member's skill set matches the requirements of the task. Next, the HDR understands the key to effective project assignment HDR team certifies that all key staff assigned to any project completion is an understanding of the assignment scope or task assignment will be fully accessible to the County and a commitment to the assignment schedule. The and other stakeholders, as required by the work and as capabiltty and commitment of the HDR staff will allow expected by the County. We are ready, willing and trained Collier County to have confidence that all assignments will to lead, facilitate or participate in all manner of stnuctured . be accomplished in a proficient manner within the meetings from project endorsement or partnering establtshed timeframe and budget with minimum County meetings, to team meetings. executive briefings, public efforts. meetings and formal hearings. The HDR team is trained and experienced in interacting with Local, State and HDR's management philosophy is to empower Federal agencies, in person and in written formats. We do ProjectJContract Managers with the authority to our best work when the cltent is fully informed. Mr. commit resources, shift workload and responsibilities, Thompson and the entire team are committed to doing and make personnel adjustments as required, whatever is necessary for complete and effective ensuring the needs of this contract are met. To lead interaction our team, we are pleased to propose Joe Thompson as Schedulin9 Program - A detailed Primavera project ProjectJContract Manager for Collier County's annual schedule Will be developed as a first order of work to help contract for right-of-way acquisition, appraisal, cost ensure that the task's scope and schedule are estimating and other related services. He will have the commensurate with the County's expectations. The responsibility of assuring that ail County projects are schedule wiil be continuously updated and monitored as a appropriately staffed and meet or exceed the schedule, standard project management tool. quality and budgetary requirements. Upon the assignment The scope and budget will be clearly defined at the start, of tasks, Mr. Thompson will meet wrth Mr Hendricks to coordinate ail activities, reports and any other including assumptions, deliverables and schedule. Ail work communication necessary to fulfiil the requirements of the assignments will be broken into work tasks with an task assignment. associated sutrscope and sutrbudget. Individual work tasks will include separate schedules to help ensure HDR's R/W professionals have consistently delivered schedule compliance. superior R/W services for many years. We understand the need for quality, timeliness, flexibility and innovation. Project Kick-off Meeting/Progress Meetings - Each of Consequently, the basis of our approach for each these important meetings will include agendas and will be .. assignment authorized under this contract is to documented with minutes, Minutes wiil include attendees, _~<;;:oa<<n~ Rf' 01.5022: Annual Contract for Right of Way Ar;quiJltIon and other Real Esto'e Related Services ID~ 1 _____,_.._. A."._~_..__ - . --- ,...-- APPROACH AND UNDERSTANDING ril . items discussed, decisions and action items. Minutes will the past several years. In 2006, District Ts cost estimating be distributed to all attendees for review and agreement. staff received an award for "Excellence in Product Delivery The first order of business at each meeting will be to Performance" recogniZing the staff for having the cost review the action items from the previous meeting to make estimating average that most dosely reflected actual sure all items are completed. project expenditures, within 4%, between July 1, 2000 and Prior to each progress meeting (and attached with the December 28, 2005. HDR looks forward to providing the monthly invoice) a progress report will be provided that will same levei of accurate service to Collier County. summarize the status of the project. Induded in the report Ms. Jackson has more than 26 years of real estate will be a summary of the progress, budget and schedule experience, with the past 21 years being primarily analysis, work completed in the prevIous month, work appraisal related. During the past 12 years, she has anticipated in the coming month, along with future provided cost estimates to numerous municipalities as well milestones and potential deviations from those milestones. as FOOT Districts 7, 1, 4 and 5. Ms Jackson has been The report will also itemize outstanding issues or questions District Ts primary source for cost estimating for the past to be resolved to ensure the project progresses. 12 years and has prepared well over 750 cost estimates. We will have a specific QAlQC Plan for this contract. Our She has extensive experience in large projects such as 1- QA/QC Plan will itemize and detail the steps to be taken to 275 and 1-4, as well as PD&E studies considering as many ensure a quality product. The key steps will include: as nine alternatives with multiple segments. She is very . Goals of the project and requirements to be met. aware of the Importance of meeting cntlcal deadlines while maintaining the highest level of quality. Ms. Jackson is a . Detailed QC procedures identifying who is responsible hands-on manager who can assist with any cost estimating for each step, Each submittal will be reviewed situation. She will vigorously oversee the HDR team's independen~y prior to forwarding to the County. activities and maintain HDR's reputation for providing . Regularty scheduled meetings between Mr. Thompson excellent service. and Mr. Hendricks to discuss the County's satisfaction, . staffing, technical issues and schedule. Over the past six years, Mark Sawyer has provided right- HDR will partner with Collier County to deliver the RJW of-way cost estimates in North, Central and South Florida as well as other states. Mr. Sawyer's experience includes necessary to support the County in a manner that large projects with muttiple alternatives, and unique exemplifies professionalism, responsiveness and projects such as estimating the cost of air rights for represents the most efficient manner that will ensure construction of ramps to allow parking underneath. Mr. positive public perception and development of relationships Sawyer has established a reputation tor excellence in cost ot trust with the community estimating. COST E~TlMATlNG PLAN Mr. Trosper has over 20 years experience providing cost estimates and appraisal reviews. Since coming to HDR from FOOT in July 2001, Mr. Trosper has completed or HDR has the ability to provide Collier County with right-of- reviewed numerous cost estimates for major roads in way acquisition cost estimates for future and near-term FDOT District 7. Mr. Trosper received a District Team projects. HDR's cost estimating team accepts Award for co-supervising the Hillsborough Avenue cost responsibility for assisting in the creation of the most estimating project and the "Millionaire Club" cost savings effective and efficient transportation systems. We have award tor his work as part of the Value Engineering Team provided estimates at all stages of project development for Gandy Boulevard. As a cost estimator, Mr. Trosper has from Major Investment Studies and PD&E Studies to post been involved with "268" and "Post 288" estimates, "documents to RJW" projects. We understand the integrating projected expenses with actual project costs. importance of accurate estimates that enable our dients to have adequate funds available to acquire RIW and build Cost estimating support staff includes Susan Sawyer, the roadways they design. Jennrter Custer and Daniel Mack for research. We also The proposed cost estimating team includes Marilyn propose Mr. Jorge Moreno of Gerson, Preston, Robinson & Jackson, Mark Sawyer and Daniel Trosper. This team Company, P.A., CPAs, for estimating business damages. . provided 100% of FOOT District Ts RJW cost estimates for 1 ~ RFP 08-5022: Annual Conlract lor RighI 01 Way Acqul.Blon and othe' Real E.tate Reloled Service. lil.'"l 2 -".--,.-.,-.-.-,'-- ~_._._~-- APPROACH AND UNDERSTANDING [D . Members of the HDR team have worked with Mr. Moreno since 1995. HDR proposes Mark Sawyer, MAl to serve as appraiser of The preparation of a cost estimate requires an orderly record, Mr. Sawyer is a State Certified General Appraiser systematic approach that begins with the appraiser and has over 36 years of real estate appraisal experience becoming familiar w~h the details of the proJect, such as in Florida. He has been co-owner of two appraisal firms the number ot alternatives and segments being studied and gained the exceptional technical skills and knowledge and unique project issues such as proposed changes in to specialize in eminent domain assignments. Mr. Sawyer access or elevation. Detailed research of each affected has managed multi-parcel FOOT and other agency properiy follows, When all parcel-specific information has projects, coordinated expert consuitants, prepared been gathered, the appraiser researches recent sales and appraisals, supervised 4 to 7 associates, reviewed staff current listings within the project area. The appraiser then appraisal reports, participated in mediations, and provided physically inspects each parcel noting type of occupant expert testimony in Order of Takings, depositions, court and any business names and valuing all improvements hearings. and jury trials. Mr. Sawyer is an approved located within the area of take. Sources ot severance appraiser for FDOT and has qualified as an expert witness damages, business damages and cures are considered in the Circuit Courts of the following counties: Pinellas, and valued. Our cost estimates also include litigation Hillsborough, Pasco, and Polk. Mr. Sawyer will be factors: percentage of negotiated/litigated settlements, supported by Marilyn Jackson and Daniel Trosper. average increase of settlements over appraisals, County's appraisal and other expert fees, owners' attorney and Ms. Jackson has 11 years of eminent domain appraisal expert fees, title costs, and any other applicable fees/costs. experience. She is a State Certified General appraiser and HDR's appraisers are trained to watch for cost saving holds the GAA appraisal deSignation awarded by the opportunities. We report subject properties listed for sale or National Board of Realtors. She has also provided those with deveiopment plans that may offer an opportunity appraisal review services. Mr. Trosper's experience and for advance acquisition We also recognize high-cost expertise in appraisal review makes him a valued member . acquisitions and suggest design changes that could of the HDR team. He is a State Certified General significantly reduce costs. Appraiser and has over 20 years experience in appraisal review and helps ensure that all appraisals submitted by HDR has extensive experience providing estimates for HDR are reasonable and accurate. PD&E Studies. We understand that in order to provide meaningful data for comparison of alternatives for HDR also proposes Mr. Peter Parrado, MAl, SRA, as a preliminary engineering it is critical to use consistent, member of our appraisal team. Mr. Parrado's specialty is repeatable methodology throughout a project. At the PD&E the appraisal of properties that are involved in eminent stage, a cost estimate offers a precise comparison of domain acquisitions and he has provided supporting court alternatives that assumes all factors affecting value are testimony in hundreds of cases over his 29 years of equal. practice. In addition to being a State Certified General t~ P P R AI~; A l. P L td'~ Appraiser, he is an approved appraiser for the FOOT and has qualified as an expert witness in various counties, HDR is committed to providing all requested staff levels for including Hillsborough, Pinellas, Pasco, Sarasota, the services under this contract. We will have sufficient, Manatee, Lee, Desoto, Lafayette, and Charlotte, Mr. qualified, available staff to perform the duties as requested Parrado has the reputation of being the "go to" person for by Collier County. difficu~ appraisal assignments. We are currently working with Mr. Parrado on a Pasco County project and, by Appraisal services tor this contract will require significant reviewing his reports, can confirm he prepares quality eminent domain appraisal experience. The objective will appraisals. be to provide well-supported and documented appraisals in a timely manner that provide the basis for negotiations to /),C()~lf~;~l!()h t: NP FROPf:I.~'IY acquire right-of-way for Collier County projects. The l\h/-.\ ~\) ;;: ii: E (~L/\ H appraisers will be responsive to the County review staff and will coordinate related activities including, but not HDR offers a staff of right-of-way agents who have . limited to, planners, engineers, and other specialists as significant experience working for FDOT and local required by the task. government agencies, both as employees and with ~ ItF' 08.5022: Annual Cont/oct f01 Right of Way Acquisition ond other Real Estate Relot~ Services ffi~ 3 - _.."_.._._-_._....,._.,~,-,._._._--_. . ~_..."~,.,-,._~_.-- . APPROACH AND UNDERSTANDING [D consultant firms. Our agents have a clear command of all make offers. At the time of the initial offer, the agent will applicable State and Federal eminent domain and real verify all tiUe information, including the names and property law to ensure the County's standard of quality is addresses of all parties having an interest in the property. upheld. In addition, any business owners will be notified in writing The Annual Contract does not allow for identification of of their nght to have an estimate of business damages. In depth interviews will be conducted with business owners to specffic project issues, and we realize work assignments determine eligib~ity for business damage claims. can come in any form and at any stage of a project. HDR offers a strong team ot Project Managers to handle many Throughout the process, HDR will meet with Collier County assignments simultaneously, and sufficient and on a regular basis to discuss production, property owner experienced staff to support their efforts. Acquisition ISSueS, scheduies, appraisal issues and settlement offers. Project Managers include Mary Arend, Lu Ann Fritz and We will not only attend required meetings, but we will keep Joe Thompson. Mr. Thompson will serve as the the County informed at all times of project and parcel Project/Contract Manager and the County's primary point progress and obstacles. of contact for any assignments. Good faith negotiations will continue until there is an Once a work assignment is received, Mr. Thompson will approved settlement or an impasse. In the event of a meet with Mr. Hendricks to assess and match the needs of settlement above appraised value, HDR will prepare a the assignment to the skill-sets of the project team. A settlement justification and cost avoidance analysis for the Project Manager will be assigned and all staff involved in County's consideration. .-- the project will discuss expectations, the production Traditionally, the instnuction to an acquisition agent having schedule and communicate project issues and potential problems reaching a settlement has been "Put ~ in Suitl" concerns. During this meeting, all project participants will HDR suggests that Collier County participate in round table be informed of their role in accomplishing project goals. discussions with the owners of problem parcels and the . After staff requirements have been addressed for an assigned negotiators pnor to providing suit information to assignment, HDR staff will become familiar with the the County. This is a good tool for increasing settlement County's right-of-way database. HDR proposes American rates. Government Services, Inc, (AGS) as a subconsultant to provide title commitments and/or O&E Reports, depending When it becomes evident that an equitable settlement is on the need of the County, AGS's O&E Reports will not likely, and in order to maintain the production schedule, identify all easement and lien holders, not stopping with the condemnation proceedings will be initiated, All title date of the last institutional mortgage. Once HDR receives information will be updated, and the surt package will be t~lework, workin9 project files using Collier County's prepared in accordance with Collier County preferences, numbering system will be established for each parcel. HDR proposes two paralegals, Daniel Mack and Colleen HDR will research the tax rolls and create an accurate list Baxter, for lawsuit preparation. Brief paragraphs of the names and addresses of all affected describing their experience and ability are shown in property/business owners on the project. The County's Section 2 of this proposal. The information will be project notices will be modified with project specffics and submitted by the agents and the titlework will be reviewed sent to all owners and eligible tenants. Agent assignments by the paralegals in order to identify and locate all potential will be made in advance allowing appropriate agent contact interested parties. When a suit package is complete, it will information to be included in project notices. be transmitted to the County's legal staff for approval and processing. In the event of a settlement above the Upon receipt of appraisals, each agent will thoroughly appraised value, HDR will prepare a settlement justification review the reports, verify that all information contained in that Will examine the reiative merits of the settlement. This the report is consistent w~h titlework, right-of-way maps will be submitted to Collier County for consideration. If the and legal descriptions provided by the County, as well as County is satisfied that the settlement is in their best business damage reports when required. HDR's surveyor interest, HDR will submit the signed purchase agreement Mike Myhrvold, PLS, PP will be available to help review to the County for submittal to the Board of County difficult legal descriptions. When all review is complete, Commissioners. Upon their approval, checks will be sent . agents will be prepared to meet with property owners, to AGS's escrow account and the closing will be begin dialogue, listen to and evaluate their concerns and scheduled. AGS will update the title and obtain the necessary subordinations and releases and disperse the ~ RFP 03-$022: Annual Contract lot Right 0' Way Acquisition and other Rea' Estate ReIoted Services ~ 4 -----, - -~-- -_.._~-~.,------ ",,-.--,.- APPROACH AND UNDERSTANDING IT] . funds to the appropriate parties. Any risk management accuracy. This is an excellent tool that provides a graphic decisions regarding title issues will be made by the County. depiction of the exact status of your project for use in your HDR's utility services section, led by Richard Bahr, is day-to-day management as well as an excellent tool for internal reporting to those who may not have a available to assist with the process of preparing and clear understanding of the acquisition process. obtaining utility subordinations. HDR will provide all property management services .. required for Collter County's Annual Contract. Steven Custer and Jennifer Howard have over 15 years collective I ..-- expertise providing property management services, both .".~ holding designations as Certified Asbestos Inspectors and Certified Asbestos Management Planners. They have practical experience marketing large numbers of surplus ---- properties for sale, lease or exchange, obtaining asbestos surveys and coordinating the removal and disposal of Due to limited space in this section, we have included the encroachments on existing rights-of-way. Mr. Custer and following chart as a graphic depiction of our understanding Ms. Howard have also managed, reviewed and supervised of the acquisition process. all asbestos surveys and abatement activities, demolition and service contracts. Additionally, they have prepared, negotiated and administered leases, prepared salvage .....- . .,...~ ._-- value estimates, reconciled discrepancies between -- - -_. -- .*""IIaNlllke...... ._- property management inventories, appraisals and personal - . ..............1.."" -~.. .CCIIIIlIIcII........wIItl """'''' property inventones and maintained property inventories of ........ - .-fBIIIlrwd, - -- uneconomic remainders. . IIliIwIIwClWreiJlOfU..... --- ..Nt.. -on 10 c'-" _ClllCCIuIIty'li . ............. - HDR has a comprehensive quality control plan that must .lIIIilfilOCa.O\III'e"~. .~~",,",1IgII be used on each and every deliverable. All project team --.. --- members are required to use the HDR QC Production and .....-- -- Review Procedures. Each team member must understand . Mld....~~ . E:III...IIId"..,.." the project objectives, apply sound right-of-way practices, .........,...,.~. .~~e11 m--.""--..iIiilll and produce quality, accurate and complete documents. -~""'" HDR's formalized checking process begins when the documents are production ready. All project deliverabies undergo a detailed QC review prior to submittal 10 Collier County. A standard (color-coded) checking procedure is .SubIoIc...._ . ............, - ...- used to document that all Information contained in the ._- . ~....." --- --- documents to be submitted has been checked. This - -- --.. -- procedure will provide a check-and-balance arrangement - .- .~u. _...~_41.. between the Responsible Professional and the Quality _d.. -... - -- Reviewer such that two professionals will agree on the .-.. ......".... '-'- .~~- correctness of all work. As you will learn when you - -- contact our reftlllncel, Ihls procedulll haI been a very -- -- effective tool for elimInating the need for re-work. -~ ~~,-~ -" -..... The HDR Team will bring the newest and best technology, -..- We offer an Interactive mapping Iystem that can be used as an interface to access data tables, project status and related information by simply clicking on the map. This .UIJIOn~f/II easy to use tool is available 24 hours a day via a -.. . password-secured Internet workspace with real-time --- -.... -- '--1llfIdlII.. _.~ ..- ~ Iff" 08-5022: Annuol Con'ract for Right of Way Acquisition and other Real Estate Related Services ill, 5 ....-..-- -_.~,,_. --"--~... EXPERTISE OF DESIGNATED STAFF r2l .. The scope for this contract calis for strong project Ms. Arend's similar project experience includes District management and excelience in the fields of acquisition, Project Manager for 1-275 in Hillsborough County for FOOT appraisal and cost estimating. The vasl majority of HDR's District 7, which included acquisition of 150 parcels With staff has held leadership roles in their respective 159 relocations. Responsibilities included oversight of disciplines. HDR has the depth of resources to provide all consultant acquisition production and monitoring project of the required services with qualified staff, all of whom schedules. Ms. Arend also managed the 1-275/1-4 have the experience and desire to support Collier County. downtown interchange in Hillsborough County for FOOT There will be no learning curve and there will be a seamless District 7. This project included 70 parcels with 39 transition for interaction with Collier County employees. relocations. Ms, Arend was responsible for oversight of all right-of-way activities produced by three right-of-way Joe Thompson, Project Manager - consultant firms. Additional major project experience would Contract Manager, include two segments of 1-4, one with 275 parcels and the HDR confidently proposes Joe other with 110 parcels. Thompson as Contract Manager. He will be Mr. Hendricks' primary point of LuAnn Fritz, Project Manager- QA/QC Manager, In her contact and wili be responsible for role as ONOC Manager, Ms. Fritz will be responsible for assigning appropriate staffing, monitoring ensuri ng that every deliverable that leaves the HDR office schedules and budgets and client communication and has been reviewed in accordance with the HDR ONOC reporting. Mr. Thompson brings unparalleled experience plan. Ms. Fritz brings more than 15 years of acquisition, and expertise to the HDR team. Prior to joining HDR, Mr. relocation and project management experience to the HDR Thompson served as District Right-of-Way Manager for team. She came to HDR from FOOT District 7 where she FOOT, District 7 for 12 years. In that role, Mr. Thompson was Supervisor of Acquisition. In this role, she managed was responsible for ali right-of-way production including six acquisition agents and nearly 20 projects. Under Ms. appraisal, acquisition, relocation and property management Fritz's leadership, the settlement rate in . As District Right of Way Manager, Mr. Thompson was District 7 increased from approximately responsibie for monitoring schedules and funding, and 35% to 81.5%, Not only was she a very assuring staffing and financial resources were readily effective project manager, she also took available on each project. Mr. Thompson's experience has a hands-on approach and accomplished earned him the reputation as being a leader in eminent a personal workload consisting of domain. His knowledge of case law and understanding of difficult acquisitions. Ms. Fritz has also business damages as they relate to eminent domain are testified for the FDOT and acted as the client at Orders of unmatched. In 1993, as Deputy District Right-of-Way Taking. Manager at District 7 in charge of production, Mr. Thompson was responsible for managing acquisition of Ms, Fritz has managed numerous HDR acquisition projects, approximately 530 parcels, which represents the District's some of which Include Ernie Caldwell Boulevard, Phases I highest parcel acquisition year. Typicaliy, Mr Thompson and II, Pine Tree Trail and a Master Consulting Agreement was responsible for a workload of 375 to 400 parcels a with Polk County, CR 15 for Seminole County, Wares year. Mr, Thompson's successtul career reflects his Creek Stormwater Improvements Project for Manatee leadership skills and his ability to lead the HDR team to County and SR 78 Acquisition and Relocation Services for deliver successful projects on schedule and within budget. FDOT, District 1. Ms. Fritz has been responsible for managing approximately 175 parcels within the last 12 Mary Arend, Project Manager - months along with a personal workload. Project Principal. Ms. Arend's 35 years Ms. Fritz has provided ONOC review for HDR's Moon Lake experience as Acquisition Administrator, Acquisition Supervisor and Interstate Road project, SR 54, MDX GEe Task Assignments, and ali Consultant Administrator for two FDOT acquisition projects provided to Polk County under our Districts imminently qualifies her to serve Master Consuiting Agreement. Ms. Fritz's technical Coliier County as a Project expertise makes her an excellent choice for Quality Manager/Principal. She has managed over 100 projects Assurance/Ouality Control Manager. .. ranging from small intersection improvements to major interstate projects. ~ RFP 08-5022: Annual Contract lor Right of Way Acqubllion and other Real Estote Related Services ffi~ 1 I '.-'-"--_.'-'~------'._-'_.-'"-'~,-,-- ---~-._., '__'U EXPERTISE OF DESIGNATED STAFF 121 . Mark Sawyer, MAl - Appraisal/Cost Most of our proposed ""i'.:.' H:,';' !c D5S:S' Estimating Project Manager, Mr. Management Team worked ',;',0 ., ',j;' Sawyer has over 36 years 01 real estate together for several years under C:o! 'j' ~;ec>' ""., appraisal and cost estimating the leadership of Joe Thompson cc-",,-, experience. Mark brings a thorough at FOOT District 7. In addition to understanding of the relationship the day-to-day activities, Mr. between cost estimating and appraisal, Thompson, Ms. Arend and Ms. (}''^'O c, and has provided more than 150 cost estimates over 6 Fritz also partnered on special "'l .' r' "e~'::" years. Mr. Sawyer has completed numerous cost projects such as the ,-. ~-o' " :-"C '" estimating projects with complicated appraisal issues, such development of the FOOT Right- .. " as compensable vs. non-compensable items and inverse of-way Management System, Ii'", ",r,'r:.,e" "\,..,--,c:," condemnation. Prior to joining HDR, Mr. Sawyer was co- writing business damages n Wc:k;:< 'i C ;::','0""<-: c,-.,- owner of two appraisal firms that specialized in eminent process and procedures, and (;'](':."0 0'lc;e;<'.,]"d !rl' domain. His experience includes managing multi-parcei developing and utilizing project t- s (j,'~C'<1i_" ,~,:_'ke ~\-'" projects, coordinating expert consultants (engineers, land status teams that included an ~'H- "".~',,('i " "-'-.,- planners, and contractors), preparing appraisals, and appraiser, an attorney, '-'-",.c.::"!' , supervising as many as seven associates. Mr. Sawyer has acquisition, relocation and :_'d [' ,-' 'i ~ '''' ! c: V T'.~; ii', participated in mediations, and provided expert testimony in property management agents. '_'C",~ 'r -',f':C Orders of Taking, depositions, court hearings, and jury The balance of HDR's team has trials, He is qualified as an expert witness in the Circuit worked together along with the Courts of Pinellas, Hillsborough, Pasco and Polk Counties, Management Team on multiple projects at HDR Their ability to work together and I Mark Besoner. Mr. Besoner has more than 26 years of produce excellent results is best caplUrad in the above real estate services experience. During the past several captioned quote by our Pasco County client, . years, he has served as project manager and as a Brief descriptions of the supporting team members are relocation expert on projects for a variety of clients, primarily concentrated in south Florida. Mr. Besoner has included on the next page. extensive experience in the condemnation and litigation process, trial preparation, depositions, appraisal updates and other expert reports, Orders of Taking (OT) hearings, terms of possession hearings, motion hearings, Offers of Judgment Management, pre-trial negotiation, mediation and jury trials. Mr. Besoner's major project experience includes serving as Project Manager for District 4's approximately 20-mile roadway widening and improvement project for SR 60. The scope of services included acquisition and minor relocation, Mr, Besoner also served as Project Manager for acquisition and relocation at St. Lucie County International Airport. The project consisted of 101 acquiSitions and 115 relocations. As a Broward County employee, Mr. Besoner served as Project Manager for the Land Acquisition Program at the Broward County Aviation Department. He supervised the acquisition and reiocation which consisted of more than 1,000 parcels including single and multi-family residential, mobile home parks and commercial and industrial properties. Mr. Besoner was selected as the 2005 Professional of the Year by the Intemational Right of Way Association, Chapter 76 for his exceptional contributions to the IRWA. Mr. Besoner is a valued asset to . the HDR team for his extraordinary knowledge of the right of way process and his willingness and ability to mentor. ~!...... CoM.J1.ty II'f' 08.5022: Annual Contract for Right of Way Acqui,ltlon and other Reol Estate Related Services lffi. 2 I I _u___._ ..__.___ ______._ _. .-.., ._---~.._....._.._--- .. .."-~----~ --"--'---'---~-'~.__._--" .- - -.'"-"-- -,_.~-,~ EXPERTISE OF DESIGNATED STAFF I 2 I . S~AI F 6 PROJECT OEseR pT,Of~ RESPO~S 8iLlTiES - Mr. Custer has 14 years of real estate activities experience and has provided acquisrtion and Steven Custer - Acquisition property management services for various projects, including managing more than 2,600 properties in a five-county Florida region. Mr. Custer is also a Certified Asbestos Inspector and a AgentlProperty Certified Asbestos Management Planner. He served as an acquisition agent on the fast tracked Management Moon Lake Road project in Pasco County, and is serving as an acquisition agent on the SR 54 roadway and realignment project consisting of 77 parceis. -.----.----------.-.--- As an acquisrtion agent, Ms. Weaver has performed acquisrtion, title, suit preparation, cost estimating and relocation services. She is serving as an acquisition agent for the Emie Caldwell Anna Weaver - Acquisition Boulevard project, Phases I and II for Polk County, along with Pine Tree Trail which consists of the advance acquisition of 44 parcels. Ms, Weaver is also the acquisition agent for the CR 15 42- Agent parcel Road Improvement Acquisrtion project for Seminole County which involves the widening of CR 15 from SR 46 to Orange Boulevard. Ms. Weaver was an acquisition agent for the Moon Lake Road project in Pasco County, and is providing acqUisition and relocation services for SR 54. -- - ~_.._- ....--. Ms. Barbeau has provided right-of-way acquisition, relocation, suit assistance and file retirement to Manatee County's Wares Creek project. Janae received numerous compliments from the client for Jana. Barbeau - her work in each of the disciplines. She also provided acquisition services on our Moon Lake Road Acquisition Agent project with a very successtul settlement rate. Addrtionally, she provided file retirement services and support in lawsuit preparation. Ms. Barbeau is currentiy providing acquisition and relocation . services for the Pasco County SR 54 project. -..-. ---- -.......--. -......-- --- Ms. Howard has six years of experience managing various contracts for the FDOT associated wrth clearing the right-of-way for construction. She is a Certified Asbestos Inspector and a Certified Asbestos Management Planner. Her duties include obtaining asbestos surveys, ensuring that all Jennifer Howard - Property friable asbestos is removed prior to demolition, and monitoring the abatement and demolrtion activrties to ensure contract compliance. Ms. Howard also has experience in managing surplus Management properties including leasing, sales, exchanges, evictions, and dealing with illegal encroachments within state right-of-way. More unique activities would include management of house moving contracts involving historic structures and rehabilitation of those structures in compliance with the standards of the State Historic Preservation Office. -- -~_. Mr. Mack has over 18 years of experience providing acquisition, relocation, property management and cost estimating research services. He provided acquisrtion and relocation services for the 150-parcell-275 project for FOOT District 7. He performed relocation for a 28-unit mobile home i Daniel Mack, Paralegal - park for the 1-4 expansion for District 7, and negotiated the purchase of partial acquisitions and Lawsuit and Acquisition constnuction easements tor the Lakeview Road Widening project in Seminole County. Prior to his Agent involvement in R/W, Mr. Mack served as a paralegal in the real estate division of a prominent law firm. His paralegal experience included real estate leasing, closings and title searches, Drawing on his paralegal background, Mr. Mack has been a key resource in preparing and reviewing suit packages for the Pasco County Moon Lake Road project and CR 15 project in Seminole County. --.- -- Colleen Baxter, Paralegal - Ms. Baxter has more than 15 years experience in property acquisrtion and lawsuit preparation. Ms. Baxter holds a Bachelor's Degree in Business Administration with an area of concentration in , Lawsuit and Acquisition Paralegal Studies. She was a paralegal in eminent domain suit preparation for FDOT, District 7. . Agent Ms. Baxter is currently providing lawsurt preparation services for the Pasco County SR 54 project. ~ _CoKnty RFP 08.5022: Annual Contract 'or RighI of Way AcquisHion and of h.' Real fstate Related Services !-ill. J .._-,..__.._.--_.-_...,~----- ---- _ _n_ "--...-.- ~--._------- EXPERTISE OF DESIGNATED STAFF @] . STMf (, PRC~ ECT DESCRIPTIO~ RESPOt,SIBILiTIES . Ms. Custer has more than 10 years of experience in acquisition, lawsuit preparation and cost estimating research. In addition to negotiations, her experience includes processing agreements, conducting closings, preparing administrative increases, developing and maintaining production Jennifer Custer- status reports and assembling suit information. Ms, Custer has prepared title updates, offer Acquisition and Suit packages and all necessary forms associated with the acquisition and relocation process. She Preparation, also provides research assistance for cost estimating, including researching parent tract information, zoning and land use plan designations and existing site plans and planned developments. Ms. Custer worked on the Moon Lake Road project, preparing over 90 suit packages, .-......--.- Ms. Jackson has more than 26 years of eminent domain appraisal and cost estimating experience, holding the GAA appraisal designation awarded by the National Association of Realtors, She is a General State Certified Appraiser (#RZ1281), which allows her to provide appraisals for Federal use without limitalion regarding property type or complexity. As a cost estimator, Ms, Jackson has provided over 750 cost estimates for Districts 1, 4, 5 and 7, along with numerous municipalities, She has participated in a Value Engineering team, and has extensive experience with large projects such as ~275 and 1-4 which consisted of over 600 parcels, She studied numerous alternatives for the Ulmerton Road PD&E estimates and was Marilyn Jackson - confronted with changes in elevation at major intersections, frontage roads and Cost Estimator ' condemnation relief issues, On the US 19 Major Investment Study, Ms, Jackson analyzed , the District's exposure to Inverse claims, In addition to cost estimating, she has managed . i appraisal contracts for FDOT, Hillsborough County and the City of Tampa and been responsible for project coordination with land planners, engineers, architects and builders, Additional responsibilities have included production time management, quality control and supervision of research staff. Ms, Jackson has provided eminent domain appraisal review for various condemning authorities. She has also served as Vice President/Review Appraiser for a financial institution. Her responsibilities included review of commercial appraisals for troubled loans and assets for audit by the Office of the Comptroller of Currency and review of appraisals for new loans and bank-owned properties, Mr. Trosper has more than 20 years experience in the right-of-way field providing appraisal review and cost estimating services. He is a State Certified General Appraiser (#RZ2567). Prior to joining HDR, Mr. Trosper was a former employee of FDOT, District 7 and served as Senior Appraiser/Reviewer, Appraisal Review Supervisor, Assistant Chief Appraiser, In-house Cost Estimating Supervisor, and twice acted as the Interim Chief Appraiser. In addition, he has worked as Appraisal Project Manager and Reviewer on many major road projects including 1-4, US 41, US Daniel Trosper - 92 and SR 54. He has been involved in some of District Ts most complicated issues. Mr, Cost Estimator, Appraiser Trosper received a District Team Award for co-supervising the Hillsborough Avenue cost and Appraisal Review estimating project and the "Million Dollar" cost-savings award for his work as part of a Value Engineering team for Gandy Boulevard, He has provided cost estimates for 1-4 and the Crosstown Connector which integrated actual costs in final estimates, With over 200 parcels and 5 alternatives, Mr, Trosper provided cost estimating services for the Martin Luther King Jr, Boulevard project., and analyzed over 100 parcels on Ulmerton Road with and without condemnation relief, Mr. Trosper has been responsible for reviewing 192 parcels on the Moon Lake Road project in Pasco County, and is currently reviewing appraisals for the CR 54 project in Pasco County. .---- __ _m.. -_.~_. . ~ RfP 08.5022: Annual Contract for Right of Way AcquiJition and other Iteal Estate Related Services ID~ 4 .'-.- --." ....~.._._'",. -.~,_._----- EXPERTISE OF DESIGNATED STAFF ~ . ST A"F & PRO!ECT DESCRiPTiO', RESPONSIBILiT IE;' ~ Ms. Sawyer is a State-Certified Residential Real Estate Appraiser (#RD149) and has 38 years ot real estate appraisal experience in Florida. During the last 23 years, she has specialized in eminent domain assignments, wnh the last five years focusing on cost estimating research. Ms. Susan Sawyer- Sawyer has managed mutti-parcel projects, coordinated expert consultants (engineers, land Cost Estimator and planners, and contractors), provided support services for appraisers, supervised associates, Research reviewed staff appraisal reports, and prOVided support services for mediations, Orders of Taking, depositions, court hearings, and jury trials. Ms. Sawyer has also specialized in support services for appraisal reviews and right-of-way cost estimating for public agencies, primarily FDOT Districts 1,4, and 7, and Polk County. ...,...--- - ~----_..-- Mr. Bahr has 34 years of utility infrastructure design coordination experience. His background in utilities includes managing Verizon's Pubiic Works Projects In Hillsborough County from 2001 to Ric Bahr - 2003. Since 2008 he has managed 36 projects as the HDR Utility Coordinator on an FDOT Utility Coordination General Engineering Contract. Mr. Bahr provides the HDR Team with the needed expertise in utility infrastructure coordination of public and private utilities. His expertise would be the perfect fit for preparing utility subordinations needed for the various Collier County projects. -,,--- --,,- _..~ Mr. Myhrvold has more than 35 years experience in land surveying. He will be available to assist the agents in reviewing and verifying the more difficull metes and bounds legal descriptions. He will also assist wllh inconsistencies in bearings and distances between the right-of-way maps . and legal descriptions, His background includes metes and bounds and sectionalized land Mike Myhrvold - surveys; topographic, submerged land, wetland jurisdiction and hydrographic surveys; Surveying hazardous material location surveys; municipal and Department of Transportation design and right-of-way location surveying and mapping in Florida and New Jersey; light and heavy construction stakeout and inspection; railroad construction stakeout; legal descriptions for easements, rights-of-way, boundaries and DOT takings; preparation of subdivision and condominium plats; and reestablishment of section corners from government field notes, It is important to note that HDR is a national engineering firm with over 90 offices throughout the country. In addition to local staff, resources include 110 right-of-way staff located throughout the country. WorK-sharing among staff from one state to the next is a common practice within our company. SUBCONSUl TAN;:, HDR plans to retain the expertise of American Government Services, Inc. (AGS) for title services. AGS is a DBE firm that has worked with HDR for many years on engineering projects and right-of-way projects. Peter J. Parrado of Parrado Appraisal Services, Inc. will be HDR's subcontractor for appraisal services. Subcontractors supporting the appraisal function will be Fred B, LaDue & Associates, Inc. for FF&E services, F.M. liner Constnuction, Inc. for General Contractor services and Randy Toth, for our Engineer/Planner expert. Jorge Moreno of Gerson, Preston, Robinson & Company, P.A. will join the team to provide business damage estimates for cost estimating. HDR has established good working relationships with all the proposed subconsultants on other projects and has been pleased with the reliable work products produced, All letters of intent to worK with HDR on Collier County's Annual Contract can be found after the resumes. ~ rC)JEC:l OFf::C" With the exception of Mark Besoner, who works from our Miami Lakes office, all other proposed HDR staff work from our Tampa . office located at 2202 N. West Shore Boulevard, Tampa, FL 33607. As of April 7, 2008 our address will be 5426 Bay Center Drive, Sune 400, Tampa, FL 33609-3444. ~ ~W:"~ ItFP 08-5022: Annual Contract for Right of Way AcqulsHlon and other Real Estate Related SeIVices m~ 5 ---- - -~. -- ,-,,--,,-----~--,-,. _._......__.-.~ ~,~_._~ ~.-._,_..~"..- -,,'- . Joe Thompson Contract/Project Manager Education Mr. Thompson has more than 27 years of Florida transportation engineering experience. He joined HDR in 2007, as a Senior Project Manager, immediately following his retirement from BS, Business the Florida Department of Transportation (FOOT) where he served as the District Right.of- Way Manager for District Seven. In this role, Mr. Thompson was responsible for all District Administration, right-of-way production including appraisal, appraisal review, acquisition, relocation and University of North property management. Mr. Thompson served as liaison between right-of-way and engineering Carolina, 1976 project management and has a thorough understanding of all disciplines required for project development and delivery, MBA, University of During his tenure as District Right~of~Way Manager, Mr. Thompson collaborated with the Georgia, 1978 FOOT Legal Office on contentious eminent domain cases. His 20-.- years of experience and knowledge of eminent domain case law reinforced his success in acting as the client for the Awards District Me. Thompson was the "go to" professional for his in-depth understanding about case law related to eminent domain. Mr. Thompson held overall responsibility for monitoring Excellence in schedules and funding, as well as assuring staffing and financial resources were readily Transportation available on each project. He assumed management of controlling the cash flow for projects and enabled the District to secure funding in phases, as opposed to getting all capital at the Technology, FDOT project commencement. This budgeting control significantly increased the effective use of District Seven, 2007 District funds. Davis Productivity Mr. Thompson's leadership and understanding of business damage estimates and all other Award, Florida elements of compensation, case law relating to eminent domain, the mediation process, and TaxWatch and the scheduling brmg increased depth and insight to HDR's Right-of-Way Program. . Florida Council of 1.275 from the Downtown Tampa Interchange to the Howard Frankland Bridge, FDOT 100, 2004 District Seven. Mr. Thompson served as District ROW Manager for this 315 parcel corridor with 400 relocatees. Responsibilities included oversight and management of all RlW activities including scheduling, appraisal, appraisal review, acquisition, relocation, and demolition. The real estate market made this project a challenge as property values were increasing at an enormous rate within the Tampa Bay Area. lhe appraisers and agents worked closely together to keep up with the rapid market changes. These Interstate projects were certified ahead of their scheduled date with a negotiated settlement rate of 78%. 'Widening of 1-4 from Downtown Tampa Interchange to the Polk County Line, FDOT District Seven. Mr. Thompson served as Deputy District ROW Manager in charge of acquisition. relocation, and demolition activities for the first phase of five projects comprising 339 parcels and numerous relocations. Later as District ROW Manager during Phase II, he added responsibility for appraisal and appraisal review functions for an additional 477 parcels and 445 business and residential re10catees whi Ie maintaining a 74% settlement rate. US19 from Pasco County to Pinellas Park, FOOT District Seven. Mr. Thompson served as an acquisition/relocation agent during Phase I of the FOOT's efforts to convert US 19 to a controlled access highway using frontage roads and grade separated interchanges. Phase I included approximately 266 parcels on seven projects at key interchanges like East Bay, lJlmerton, Countryside Mall, and Tarpon Avenue. During Phase II as the District ROW Manager responsible for managing all right-of-way functions, additional projects at the Drew Street, Coachman Road, and Sunset interchanges involving 77 parcels were acquired. Approximately 20 inverse condemnation actions have been handled as the client directing the litigation of these claims. Crosstown Connector from 1-4 to Leroy Selmon Expressway. Mr. Thompson served as District ROW Manager for this 103 parcel corridor. Responsibilities included oversight and . management of all R1W activities including scheduling. appraisal, appraisal review, acquisition, relocation, and demolition. The large industrial properties and the significant involvement with CSX rail facilities made this project unique. The project also required historical rehabilitation of residential properties. I-i)~ 6 , i I ~._,"--~'_._-,_. _...._-_._~_. ~..._----.-.. . _____..._~._.w_" . Mary Arend Project Manager/Project Principal Professional Ms. Arend has 34 years of real estate and right-of:'way (R1W) experience and joined HDR License(s) immediately following her retirement from FDOT District 7 where she served as the District's Interstate Consultant Administrator. She has managed over toO projects ranging from small Florida Rea I Estate intersection improvements to major interstate projects. Ms. Arend's similar project ex.perience Salesperson, includes District Project Manager for 1-275 in Hillsborough County for FOOT, District 7 that #SL180S48 included acquisition of 150 parcels with 159 relocations. Responsibilities included oversight of consultant acquisition production and monitoring project schedules. Ms. Arend also managed Technical Education the ).275/1-4 downtown interchange in Hillsborough County for FOOT, District 7. This project included 70 parcels with 39 relocations. Ms. Arend was responsible for oversight of all right-of- Real Estate in the way activities produced by three right.of-way consultant firms. Additional major project Eminent Domain experience would include two segments of 1-4, one with 275 parcels and the other with 110 Environment parcels. OOT land Title & Panel Moon Lake Road, Pasco County, .'1.. Ms. Arend served as Project Manager for HDR's Moon Discussion lake Road project for Pasco County which consisted of the acquisition of 194 parcels. Advanced Relocation Responsibilities included hiring the appraisers, appraisal oversight and acquiring right-of-way. Ms. Arend led the HDR team to a 52% settlement rate, despite the fact the County anticipated a Assistance & Residential very low settlement rate based on the project schedule. The HDR team completed the project Eminent Domain Law within budget and met the County's accelerated schedule. Pasco County was so pleased with for ROW Professionals HDR's performance on Moon Lake Road that they awarded HDR their SR 54 project prior to the completion of Moon Lake Road. Pasco County stated that their SR 54 project was their Business Relocation most difficult project to date. I Communication and CR 54, Palleo County, FL. HDR is performing oversight of appraisers. appraisal review. Negotiation acquisition, suit preparation and relocation for CR 54 from East of 1-75 to East of CR Residential Appraisal 577/Curley Road. This roadway widening and realignment project consists of 81 parcels and . encompasses both residential and commercial properties. Challenges on this project include Capitalization Theory & large takes from businesses that want to remain where they are due to their favorable locations. Techniques, Part IB and working with innovative cures. I Capitalization Theory & 1-4 (SR 400) from West of 14th Street to East of 50th Street, FOOT District 7, Ms. Arend Techniques, Part 2B was the Project Manager for this 385 parcel project with 373 re10catees and managed the i contracted consultant firm. The project scope involved acquisition, relocation. demolition and I I Valuation Analysis preparation of lawsutts for residential properties and large industrial businesses with complex Machinery/Technical acquisition and relocation issues. In addition to these duties, Ms. Arend also performed quality I Specialties assurance reviews and randomly interviewed parcel owners and relocatees to inquire if the I program and service were acceptable to the displacees. The project was cleared and certified on i MachinerylTechnical schedule with an 80% negotiated settlement Tale. Specialties Valuation 1-275/1-4 Downtown Interchange Project, FOOT District 7. The 1-275 project consisted of Methodology the acquisition of 70 parcels with 39 relocations. 30 residential displacements. 8 business moves Approach to Project and I Non-Profit Organization. Ms. Arend managed three R/W consultant fimL'i under separate Management Excellence districtwide contracts. She coordinated activities between the City of Tampa, Hillsborough i County and Hillsborough County Transit Authority. The acquisition/relocation and construction ! Public Assistance of the new Hillsborough County Transit Authority's main terminal was the greatest challenge Operation, Parts I & II for the success of the project's production schedule. Ms. Arend personally lIuc:cessfully negotiated with the Transit Authority and handled their relocation. US 41 (SR 45) frnm Hillsborough County Line to Bell Lake Road, FOOT District 7. Ms. Arend served as the acquisition project manager for this 127 parcel project that included 109 relocations, 75 of which were business displacements. She negotiated and acquired property from CSX Railroad alongside their active rail system for the entire length of the project. This was extremely difficult and timely due to their strict requirement along "active" rail systems. This project was cleared and certified on schedule. . lil"1. 7 ~- ---~~--- -'._~ .,-..-. ._~- ._._.....~_.- "- --------- - -.- -~- . Lu Ann Fritz Project Manager/QAlQC Education \15. Frilz brings more than 15 years ofacquisitlon, relocation and project management experience to the HDR team. She came to HDR from FDOT District 7 where she was Supervisor of MBA, 1991 Acquisition. In this role. she managed six acquisition agents and nearly 20 projects. Under Ms. Fritz's leadership, the settlement rate in District 7 increased from approximately 35% to 81.5%. Not only was she a very effective project manager. she also took a hands-on approach and , BS, 1985, Business accomplished a personal workload consisting of difficult acquisitions. Ms. Fritz has also testified I Administration for the FDOT and acted as the client at Orders of Taking , I I Ms. Fritz has managed numerous HDR acquisition projects. some of which include Ernie Caldwell Professional Boulevard. Phases I and II. Pine Tree Trail and a Master Consulting Agreement with Polk County. License( 5) CR 15 for Seminole County, Wares Creek Stonnwater Improvements Project for Manatee County and SR 78 Acquisition and Relocation Services for FDOT, Dtstrict I. Ms. Frit7 has also provided Real Estate Broker, Q.NQC review for HDR's Moon Lake Road project, SR 54, MDX GEC Task Assignments, and all Florida, #BK-3010628 acquisition projects provided to Polk County under our \t1astcr Consulting Agreement. SR 54, Pasco Count}', FL. This 110 parcel project in Pasco County involved acquiring parcels IRWA Member along US 19, from SR 54 to 1M 75. The widemng ofSR 54 included 3 separate projects. The project limits were SR 54 from US 19 to Little Road, Little Road to Suncoast Parkway and from Suncoast Parkway to US 41. The 3 phases included large acreage tracts. residences, proposed subdivisions, a funeral home. cemetery and a municipal airport. Right-of-way also had to be acquired from Tampa Bay Water, Pasco County and several utility providers. Attorney involvement was considerable. Ms. Fritz handled an acquisition parcel load, supervised six agents on the project, testified for the FDOT and acted as the client at Orders of Taking. SR 78, North Fort Myers, Lee County, FL. Ms. Fritz served as Project Manager for FOOT D1Strict 1. fl DR acquired right-of-way for the improvement of State Road 78 (Bayshorc Road) in . North Fort Myers. Florida. This roadway improvement project included fourMlaning State Road 78 from east of Slater Road to west of Interstate 75 involving 2.5 miles. The acquisition project consisted of 42 fee parcels, 11 temporary easements, 8 pennanent casements, 2 business relocatIons, 1 residential move, 9 personal property moves and 4 outdoor advertising sign relocations. The HDR Team engaged in negotiation. relocation, and lawsuit preparation activities. Ms. Fritz had the highest settlement rate of any consultant working for the District at the time and HDR received the highest performance grade ever given to a first time consultant. Ernie Caldwell Boulevard I and II, Polk County, FL. Ms. fritz serves as Project Manager for this 40 parcel project that involves the construction ofa new road that bisects two large active fanus. severely impacting the site ofa 400' communications tower, affecting two new subdivisions and involves acquisition of more than fifty acres of right of way. HDR addressed access issues, contorted title issues, major severance damages, business damages, cures, overseas property owners and angry subdivision residents. HDR suggested money-saving engineering alternatives for consideration and approval. Pine Tree Trail I and II, Polk County, FL. Ms. Fritz serves as Project Manager for this 29 parcel project that extends from Ernie Caldwell Boulevard to south of the Oakmont Development. The proposed project also involves the construction of a new roadway in conjunction with Ernie Caldwell I & 11 projects. HDR successfully acquired 15 parcels with primarily overseas property owners in the advance acquisition phase within a short timeframe and will be acquiring 14 parcels in Phase II. An incentive offer program was utilized in the advance acquisition phase to expedite the acquisition process. Wares Creek Stormwater Improvement Project, Manatee County, FL. The Cedar Hammock (Wares Creek) Drainage Canal project was designed to alleviate flooding in a highly urbanized area of Manatee County. The project scope consisted of oversight of appraisal, survey and title activities, providing acquisition of 49 parcels and relocation and property management serviccs. . Ms. Fritz served as Project Manager. I-i)~ 8 --- ",-,~-'~-~--'---"',--'---~"- -,.~_.., ~,,- -.,- M__.-',~__ ..--- . Mark G, Sawyer, MAl Appraisal/Cost Estimating Project Manager Education Experience BSBA, 1972, Real Mr. Sawyer has over 36 years of real estate appraisal experience in Florida. During Estate, University of the 23 years since 1984, he has specialized in eminent domain assignments and been Florida co-owner of two appraisal businesses. Up until 2001, Mr. Sawyer was managing Professional multi-parcel projects, coordinating expert consultants (engineers, land planners, and contractors), preparing appraisals, supervising 4-10-7 associates, reviewing staff Registration(s) appraisal reports, participating in mediations, and providing expert testimony in Order Licensed Real Estate of Takings, depositions, court hearings, and jury trials. Mr. Sawyer has qualified as an Broker, Florida, expert witness in the Circuit Courts of the following counties: Pinel1as, Hil1sborough, Pasco, and Polk. Since 2001, Mr. Sawyer has specialized in appraisal reviews and #BK272340 right-of-way (RJW) cost estimating for public agencies, primarily FOOT Districts 7 State-Certified General and I, and Polk County. Specific project experience since late 2001 includes: Real Estate Appraiser, RIGHT-OF-WAY COST ESTIMATING #RZ74, Florida MAl, Member of FDOT Distrid Seven. Many of these projects had multiple alternatives and have Appraisal Institute been updated each year since 2001. This is a partial list of representative projects. IRWA Member . SR 200, from US 41 to Withlacoochee River Bridge, Citrus County . SR 39, from 1-4 to north of Knights Road, Hillsborough County Technical Education . SR 694/Gandy Boulevard from east of 4th Street to west of Gandy Bridge, Florida State Law Pine lias County Update for Real Estate . SR 41/US 30 I, from SR 39 to CR 54, Pasco County Appraisers . US 41, from SR 44 to SR 200, Citrus County . . US 19. five segments from US 98 to CR 488, south of Homosassa to north of C400: National USPAP Crystal River, Citrus County Update . Gandy Boulevard from US 19 to East of 4th Street, Pincllas County C430: Standards of . SR 41, from Sligh Avenue to Tampa Bypass Canal, Hillsborough County . SR 52, from CR 581 to Old Pasco Rd. and 1-75, Pasco County Professional Practice, . US 301, from Boyette Rd. to Manatee County Line, Hillsborough County Part C . Select Ponds for lA/Crosstown Connector, Hillsborough County The Appraisal of Partial . SR 60, from Gomez to Brevard, Hillsborough County AcquisitionS Polk County Attacking & Defendin9 . Right-of-way and ponds for Ernie Caldwell Blvd. (fonnerly North Ridge an Appraisal in Parkway) and Oakmont Extension of the North Ridge Parkway Litigation . Eloise HND neighborhood project Condemnation . Cleveland Heights/Lake Miriam Drlve Intersection Project . Daughtery Rd., west and east of US 98 Appraising Land Valuation APPRAISAL Assignments . SR 52, US 19/Little Rd., Hudson, Pasco Co. (9 par.) . SR 52, Little Rd.lMoon Lake Rd.. Pasco Co. (8 par.) Evaluating Commercial . SR 60, E. ofYalrico Rd., Brandon, Hills. Co. (12 par.) Construction . Interstate Highway 275, Maximo Park. St. Petersburg Evaluatin9 Residential . us 41, S. of Sunset Lane., Lutz, Hillsborough Co. (23 par.) Construction . SR 580, E. of Race Track Rd., Hills. Co. (17 par.) . US Highway 19& Drew St., Clearwater (12 par.) . US Highway 19 & Curlew Rd.. Clearwater (23 par.) . Curlew Rd.. E. of US 19, Clearwater (23 paL) . . Hillsborough Ave., Himes/Annenia, Tampa, (20 paL) . Delaney Creek, Clair-Mel, Hills. Co. (21 par.) liR 9 -- -'~..- _._"---_._,- -~~.- ~.- -- "_.~__.,~__uo_ _ ----- ----, . Marilyn Jackson Cost Estimating/Appraisal Experience Professional Ms. Jackson has more than 26 years of real estate services experience and holds the GAA appraisal Certification( 5) designation awarded by the National Association of Realtors. She is a General State Certified Appraiser (#RZI281), which allows her to provide appraisals for Federal use without limitation State Certified regarding property type or complexity. During the past seven years, Ms. Jackson has provided cost estimates to four Florida Department of Transportation (FOOT) Districts, Districts 1,4,5 and 7. She General Appraiser, has extensive experience in large projects, such as 1.275 and 1-4, as well as PD&E Studies #RZ1281, Florida considering as many as nine alternatives with multiple segments. In addition to preparing cost estimates, Ms. Jackson has reviewed and assigned cost estimates on behalf of the FDOT. Selected project experience includes: Links Project (J-275). FDOT District 7. The Links project proposed a combination of partial and whole takes from approximately 342 parcels along 1-275 in Hillsborough County. Appraisal problems for this cost estimate included significant parking loss from several hotels and class A office buildings located in the Westshore Business District. Functional replacement was required for a public school, public housing and a Boys and Girls club, Valuation for redevelopment of historical sites was provided. SR 688 (Ulmerton Road) PD&E Study, FOOT District 7. Ms. Jackson provided cost estimating services in connection with the PD&E Study for SR 688 in Pinellas County. The project contained over 1,000 parcels with five alternatives and four segments. Complex issues for this project included the addition of frontage roads and changes in elevation to accomplish overpasses at three major intersections. Because the affected municipality did not allow non-confonning uses as a result of eminent domain proceedings, estimates were provided considering costs with and without condemnation relief. This project required extensive coordination with the business damage consultant and comprehensive research within a brieftimeframe. SR 699 PD&E Study from Park Road to Walsingham, FDOT District 7. The SR 699 PD&E Study included 12 alternatives with three alignments and four segments. The total parcel count exceeded 2,500. The project proposed takes from Gulf-front . condominium developments, commercial and residential uses. Special considerations included estimating damages for parking loss and loss of association fees to condominium developments, and damages to properties made nonconforming by the take. Gandy Boulevard MJS, FDOT District 7. The proposed improvcments to Gandy Blvd. project impacted over450 parcels from Pinellas County to Hillsborough County. Cost cstimates were provided for three alternatives, two of which estimated three alignments. Sources of severance damages included the addition offrontage roads and changes in elevation. Business relocations and business damages were significant. Race Track Road PD&E Study and Design, HiIlsborough County. Ms. Jackson provided cost estimating services for thil:i 5Y:z-milc project that involves widening Race Track Road from a 2-1anc roadway to a 4-1ane divided urban highway. This project considered four alternative alignments and five pond site options. The project proposed takes from multiple parcels with planned development as well as takes from significant blL'\inesses. Many of the parcels required analysis of potential cures to avoid real estate and business damages. Pauls Drive PD&E Study, Hillsborough County. The Pauls Drive PD&E Study was an implementation task for the Brandon Main Street community plan. Cost estimates considered eight alternatives and pond sites for the V2 mile strip along Pauls Drive from SR 60 to the Brandon Parkway. Each alternate included estimates with and without 1 Q-foot sidewalks at Oakfield Drive. Florida Avenue, FOOT District 7. The Florida Avenue project estimated nine alternatives totaling in excess of900 parcels. The project limits included intense commercial development with significant business relocation and business damages. Ms. Jackson has provided appraisal services for eminent domain projects. Representative projects include the following: . SR 688 in Pine lias County . Cypress Street widening . Linebaugh A venue . Habana A venue widening . Nonh Dale Mabry Highway road WIdening . 36lh Street Bridge project . Intersection improvement project . I'orth Blvd/Sligh Ave intersection improvement . Bloomingdale A venue widening . Sweetwater Creek flood control project . Sheldon Road widening . Falkenburg Road widening . Dale Mabry Hwy/Kennedy Blvd intersection . Florida Ave/Waters Ave intersection . improvement Improvement li):{ 10 .-----------------.---- ---. ._._-~-_._~---'-- -- _ "W_ _._..___~...___. ->--~.-~-- .._-----_.__.._~ i (Panado c4pp..aij.al ~nuicej., !Jnc. I B09 E. BLOOMINGDALE AVE., PMB 264 BRANDON, FL33511 ----. VOICE (813) 68t-9226 . FAX (813)681-8680 ! i I March 3, 2008 I I Marilyn Jackson, Sr, Vice President I HDR, Inc. 2202 N West Shore Blvd., Suite 250 Tampa, FL 33607-5756 Re: Agreement to be Part of Team Annual Contract for Right of Way Acquisition and Other Real Estate Services RFP No, 08-5022 Dear Ms. Jackson: This letter will serve as notice of Parra do Appraisal Services, Inc. being agreeable to being a part oflbe HDR team in the above referenced RFP, I would like to thank HDR for allowing me the opportunity to be part of their team on the proposal, and look forward to working with the company in the future. I If! can be of any further help please do not hesitate to contact me, Sin(~)V~ Peter J, Parrado, MAl, SRA State Certified General Appraiser RZ238 I i APPRAISERS' CONSULTANTS' LITIGATION VALUATION - ._._"~ ----- --..---.-- ....e"'.....__ ^H__' _"_'~m__ --..... I I -~ . . '.m. UN ER Llconse_CBCO 11812 (813) 949-D428 Fax 949-5447 CONSTRUCTION, 24160 STATE ROAD 54. UNIT 1 . LUTZ, FLORIDA 33559 Inc. E-mail: L1ner.construction1@verizon.net Marilyn Jackson 3-4-08 Senior Vice President IllJR Engineering Inc. RE: Letter of intent Collier County. Fl. Marilyn, We would like to be considered for working with IllJR Engineering, Inc. in Collier County, Florida_ We have worked with HDR on the S.R_ 54 project (Pasco County) and with other appraisers in Lee County, Pinellas Cbunty and Hillsborough County_ We provide lleplacement Cost, Take Items Cost and CUre Cost. 'Enclosed is a list of references. If you have any questions please call. . Thank you, '~' /.". - . /'~AG ' L' ,," (Oscar) F_M. Liner, Jr_ F.M. Liner Construction, Inc. . --~-- -- ."--.._..-,---_. .-- ~_m'_'_ ----~-- . . Gerson, Preston, Robinson &Company, PA. CERTIFIED PUBLIC ACCOUNTANTS March 4, 2008 Mark G. Sawyer, M.A./. Senior Appraiser, Right-oj-Way HDR Engineering, Inc, 2202 N, Westshore Boulevard Suite 250 Tampa, FL 33607-5755 RE: RFP 08-5022 Collier County Annual Contract for Right of Way Acquisition and other Real Estate Related Services Dear Mark: . This is our "Letter of Intent" to be part of HDR's team in HDR's efforts to acquire the above referenced contract. We appreciate the invitation and wish you success in this endeavor. Should you have any questions, please do not hesitate to call me at (813) 228-9275. Very truly yours, ~ JORGE L. MORENO Z. For the Firm 666 71;' Street Miami Beach, Florida 33141 . ---~---_.- ~---- ,---~ ----.. -----_.- _.....- Mlll'Ch 3, 2008 Marilyn Jackson HDR Enlinccrinll 2202 N, Wc:stshore Blvd" Ste 250 Tampa, Florida 33607 RE: Annual Contract for Riaht of Way Acquisition and other Real Estate Related Services, Collier County RFP 1# 08-5022 Dear Ma, Jackson: PI_ accept this as a teller of intent fiom American Government Services Corporalion. and confirmal ion lhal we can provide oWllCIShip and encumbrance reports and real estate services to HOR Engineering in COIUlClC\ion with the above ",ferenc:ed project This letter shall also serve as confirmation that AmcriccUl Government Services is . certified wilh the State of Florida as a Disadvantaged Women-Owned Business. I appreciate thc opportunily to work with you 011 this cxciting projCCl. If you have any question or need additional infonnalion. please don't hesilale 10 contact me at (813) 933- 3322 ext....ion 227, Sincerely, , t,~ "t;v--- bliilline Wagen Marketing Dinlctor _.. (an) 933-3322 <<(813) '31-3362 812 WIST LIJlIItAU&H AVf. TAMM, f133618 -.M5(..'% - ---...-----..- --_._...._~_.-.._._- ,,---- _~h. ....- ~ ~ ~-_..._'...- '-~'-""---~- line EllIIIIIrII..11C. . March 4, 2008 i Marilyn Jackson I Senior Vice President HDR Engineering, Inc. 2202 North Westshore Boulevard, Suite 250 Tampa, FL 33607-5755 RE: Collier County RFP 08-5022 Annual Contract for Right of Way Acquisition and other Real Estate Related Services Dear Ms, Jackson: Please accept this letter as notice of RA TEe's intent to be part of HDR's team in response to the above referenced Request for Proposal to provide professional appraisal support services, Sincerely, . RATEC Engln_rlng. Inc. -r./1.---~~ .? -L-- Randall A. Toth, PE, PTOE President I . Emert Testimonv Roadwav Site Tralrl( Transoortation P,O, Box 320362, Tampa, Florida 33679-3362 Phone: (813) 251-9477 Fax: (813) 251-4996 Office Address: 3825 Henderson Boulevard, Suite 300-C, Tampa, Florida 33629 ._~. --.-.-..--- " --.---, "'-"---'--'.-"-- FRED B. LaDUE & ASSOCIATES, INC. . 215049'H STREET NORTH SUITE IJ APPRAISERS' CONSULT ANTS As Of: 3/2812008 ST. PETERSIJURG. FL 33710 tladue@lamoabav.rr.com 2140 Len, Rd. #110 & 1 II 17271322-6140 FAX 027} .122.6079 Brad~nlon. Florida 34211 March 02, 2008 Mr. Daniel Trosper HDR Engineering 2202 N, West Shore Blvd. Suite 250 Tampa, Florida 33607-5755 RE: I<'ee Proposal & Scope of Service Collier County Dear Sir: Thank you, for considering my firm for the appraisal of the Furniturc, Fixtures & Equipment on this project. Attached you will find my companies brief history and my qualifications for your files, Our typical scope of service for this project will be inclusive of a complete tangible asset listing, along . with, make, model, serial number and any other applicable data, when available. A detailed trade fixture segregation including but not limited to process systems & attached improvements associated with the trade being conducted, We will show a Replacement Cost New, a Fair Market Value in continued use and Salvage Value for each item or group of items, This report will also include the required certification, photographs of major assets, definitions of value and other materials that constitute a formal appraisal report in conformance with the Uniform Standards of Appraisal Practice, We will further provide a hypothetical relocation estimate, (If needed), based on known conditions within a 50 (fifty) mile radius. If I may be of any further assistance please free to contact me. Sincerely, ~~7J- Fred B. LaDue, n, ASA . I '-~-~--~"'~'~_.~-----"--- ._,_w___.._____'_ . ---_.._,-. -...- , 3 I PREVIOUS PERFORMANCE ON SIMILAR JOBS . The principles proposed on this project bring neariy 140 (SR 400) from 1-75 to east of Mcintosh Road (84 parcels), years of combined right-ol-way appraisal and acquisition SR 553 (Park Road) Plant City (80 parcels), and SR 55 experience. Most of HDR's Project Managers have held (US 19) Drew Street, from North of SR 60 to CSX RIR leadership roles as employees of government agencies and Crossing (56 parcels). as consultants They each understand the importance of accurate, timely consultant productivity. Ms. Fritz has managed 16 projects for HDR, with projects I varying in size from 5 parcels to 63 parcels, In her role as SUBSTANTiAL EXPERIENCE FOR Acquisition Supervisor for FOOT District 7, Ms. Fritz , : ADDITIONAL POINTS managed over 20 projects. Prior to joining FOOT, Ms. Fritz held a similar role at the Michigan Department of Mr. Thompson's experience includes .. right-of-way Transportation where she provided right-of-way acquisition activity performed In DIstrict 7 from 1995 to 2007, In services for 5 years. 1991 Mr. Thompson was named Deputy District Right-of- Way Manager, Production for FOOT District 7. In this role, Mark Sawyer brings 36 years of appraisal experience and he was responsible lor all projects involving acquisition, 6 years of cost estimating experience. He was owner of relocation projects and suit preparation perfonmed between two appraisal firms where he specialized in eminent 1991 and 1995. Prior to that, he was lt1e Acquisition domain appraisals. Mark has provided expert testimony at Administrator at FDOT, District 1 from 1988 to 1991 where Orders of Taking, depositions, court hearings and jury he was responsible for aU district acquisition projects for 14 trials. Over the past 6 years, Mark has prepared over 150 counties. Prior to 1988, Mr. Thompson's experience cost estimates for FOOT District 7 and various counties includes suit information, business damage contracting and and agencies. owner notification. He has also worked as a relocation agent. With 17 years of eminent domain and 12 years of oost . Over the past 36 years Mary Arend has served as project estimating experience, Marilyn Jackson is a leader in the right-of-way industry, providing more than 750 cost manager on well over 100 projects. Project types ranged estimates for the FOOT and numerous municipalities, Ms. from intersection improvements to major interstate projects. Jackson is known for her extensive experience with large She has participated as a team member in many additional and complicated projects with difficull scenarios. projects, including 1-275 from Howard Frankland Bridge to Himes Avenue (150 parcels), US 41 (SR 45) from Fletcher Below is a representative list of project experience for Avenue to Hillsborough County Line (120 parcels), 22""/20" HDR's management team. Street from Maritime Boulevard to SR 60 (80 parcels), 1-4 PROJECT PRINCIPAL REFERENCES J:E THO','PSON CONTRACT:PROJECT MANAGER PROJECT I DESCRiPTION REFERENCE Because Mr, Thompson served as District Right-of-Way Manager at FDOT I District 7 until his recent retirement, all of his references are former I supervisors or co-workers at the Distrlc:l Each reference would be Director, Office of Rlght-of"Way applicable to an of his experience at FDOT District 7, Ken Towclmak 605 Suwannee Street 1.275 from the Downtown Tampa Interchange to the Howard Franklin Mail Station 22 Bridge, FOOT District Seven Tallaha_, Florida 32399 Mr, Thompson served as District ROW Manager for this 315 parcel corridor wllh Phone: 850-414-4557 400 relocatees. Responsibilities included oversight and management of all R/W Email: . activities including schedultng, appraisal, appraisal review, acquisition, kenneth,lowcimak@dot.state,ft,us relocation, and demolition The real estate market made this project a challenge as property values were increasing at an enormous rate within the Tampa Bay ~ If' 01-5022: Annual Contract 'or Right 0' Way Acquhltlon and other Real Estate Related Services ~ 1 _ .u_ -~-_. -- ~"_. --"~_._-_.....- _.~-~--- I PREVIOUS PERFORMANCE ON SIMILAR JOBS 3 . -.--.....-- .- Area. The appraisers and agents worked dosely together to keep up with the rapid mar1<et changes. These Interstate projects were certified ahead of their scheduled date with a negotiated settlement rate of 78%. -- ...--- --. ..---.-.--- Widening of 1-4 from Downtown Tampa Interchange to the Polk County Line, FDOT District Seven District Secretary, FDOT District 7 Mr, Thompson served as Deputy District ROW Manager in charge of Donald J, Skelton, PE acquisition, relocatKln, and demolition activities for the first phase of five 11201 N, McKinley Drive projects comprising 339 parcels and numerous relocations. Later as District Tampa, Florida 33612 ROW Manager during Phase II, he added responsibility for appraisal and Phone: 813-975-6000 appraisal review functions for an additional 477 parcels and 445 business and Email: donald,skeltonillldot.state.f1,us residential relocatees \!ihile maintaining':!..7"!. settlement rate. .._. ".---..- - US 19 from Pasco County to Pinellas Park, FOOT District Seven Mr. Thompson served as an acquisitKlnlrelocation agent during Phase I of the FDOT's efforts to convert US 19 to a controlled access highway using frontage General Counsel, FDOT District 7 roads and grade separated interchanges. Phase I included approximately 266 Richard Vickers parcels on seven projects at key interchanges like East Bay, Ulmerton, 11201 N. McKinley Drive Countryside Mall, and Tarpon Avenue. During Phase II as the District ROW Tampa, Florida 33612 Manager responsible for managing all right-of-way functions, additional projects Phone: 813-975-6000 at the Drew Street, Coachman Road, and Sunset interchanges involving 77 Email: richard.vlckers@dolstale,f1,us parcels were acquired. Approximately 20 inverse condemnation actions were handled with Mr. Thompson acting as the client directing the litigation of these claims. Crosstown Connector from 1-4 to Leroy Selmon Expressway Director of Transportation Development, . Mr, Thompson served as District ROW Manager for this 103 parcel oorridor. FDOT District 7 Responsibilities included oversight and management of all RIW activities Scott Collister , including scheduling, appraisal, appraisal review, acquisition, relocation, and 11201 N. McKinley Drive demolition The large industrial properties and the significant involvement with Tampa, Florida 33612 CSX rail facilities made this project unique. The project also required historical Phone: 813-97s-6000 rehabilitation ofresidenlial propertillli:..___ Email: scolt,collisterlll1dolstate,f1.us ---- - Alexander Street (CR 39) from US 92 to Knights Griffin Road Assistant Right-of-Way Manager Mr. Thompson served as District ROW Manager in charge of acquisition, Ronald A, Crew relocation, and demolition activities for this 95 parcel project. Roadway 11201 N, McKinley Drive improvements north of 1-4 were on a virgin alignment in rural Hillsborough Tampa, Florida 33612 County, At the time of acquisition, constnuction was not funded which creating 813-975-6000 significant property management due to extended possession. Email: ronald.crewtll!dolstate,f1,us MARY AREND PROJECT MANAGER'PROJECT PRINCIPAL PROJECT/DESCRIPTION REFERENCE Moon Lake Road, Pasco County, FL Ms. Arend served as Project Manager for HDR's Moon Lake Road project for Pasco County which consisted of the acquis~ion of 192 parcels. This project Pasco County was a challenge because the scope included hiring the appraisers, managing Marcie McDonie, Senior Assistant the appraisers, and acquiring right-of-way w~hin 12 months. The County County Attorney I anticipated a very low settlement rate based on the project schedule. The HDR 7530 Little Road, Suite 340 team rallied to the challenge and completed the project wrthin the 12-month New Port Richey, FL 34654 schedule and achieved a 52% settlement rate. Pasco County was so pleased Phone: 727-847-8120 . with HDR's performance on Moon Lake Road that they awarded HDR their SR Emall: mmcdonie@.pascocountvfl,net 54 project prior to the completion of Moon Lake Road. Pasco County stated that their SR 54 pro'ect was their most difficuit project to date, ~ RFP 08-5022: Annual Contract for RighI of Way AcqulsHion and other Real Estate Related Se,vlces @'{ 2 ---. --_.~-- <.. ....~_....__. .-..---.,. -- -"- PREVIOUS PERFORMANCE ON SIMILAR JOBS 3 . - .- -::i- ---- CR 54, from 1.75 to east of Curley Rd" Pasco County, FL HDR is performing oversight of appraisers, appraisal review, acquisition, suit Pasco County preparation and relocation for CR 54 from East of 1-75 to East of CR 577/Curley i Marcie McDonle, Senior Assistant Road. This roadway widening and realignment project consists of 77 parcels I County Attorney and encompasses both residential and commercial properties. Challenges on 7530 Little Road, Suite 340 this project include large takes from businesses that want to remain where they New Port Richey, FL 34654 are due to their favorable iocations, changes in elevation requiring TCE's and Phone: 727-547.8120 Temporary Driveway Restoration Easements, and working with innovative Email: mmcdonie@DaScocountvfl,net cures. -- n'_ -.--.--- .--. - -~....,-~---- "-.- 1-4 (SR 400) from West of 14" Street to East of 50" Straet, FDOT District 7 Ms. Arend was the District 7 Project Manager for this 385 parcel project with 373 relocatees and managed the contracted consultant firm. The project scope FDOT District Seven involved acquis~ion, relocation, demolition and preparation of lawsuits for residential properties and large industrial businesses with complex acquisition . Ronald A, Crew and relocation issues, In addition to these duties, Ms. Arend also performed 11201 N. McKinley Drive quality assurance reviews and randomly interviewed parcel owners and Tampa, FL 33612 relocates to inquire if the program and service were acceptable to the Phone: 813-975-6000 dispiacees, The project was cleared and certified on schedule with an 80% Emall: ronald,crewlll>dot.state.f1,us negotiated settlement rate. Ms. Arend received an award trom the State Secretary of Transportation for her dedication and performance on the Interstate projects. .-..--- : ~275/1-4 Downtown Interchange Project, FDOT District 7 , The 1-275 project consisted of the acquisrtion of 70 parcels with 39 relocations, , FDOT District Seven I . . 30 residential displacements, 8 business moves and 1 Non-Profit Organization, I At District 7 Ms. Arend managed three R/W consultant firms under separate Ronald A, Crew districtwide contracts. She coordinated activities between the City of Tampa, 11201 N, McKinley Drive Hillsborough County and Hillsborough County Transit Authority. The Tampa, FL 33612 acquisrtion/relocation and constNction of the new Hiilsborough County Transrt I Phone: 813-975-6000 Authority's main terminal was the greatest challenge for the success of the Email: ronald,crewt1ildot.state,f1,us project's production schedule. Ms, Arend personally successfully negotiated wrth the Transit Authority and handled their relocation. US 41 (SR 45) from Hillsborough County Line to Bell Lake Road, FDOT District 7. FDOT District Seven While at District 7 Ms. Arend served as the acquisrtion project manager for this Ronald A, Crew 127 parcel project that included 109 relocations, 75 of which were business 11201 N. McKinley Drive displacements, She negotiated and acquired property from CSX Raijroad alongside their active rail system for the entire length of the project. This was Tampa, FL 33612 Phone: 813-975-6000 extremely difficult and timely due to their strict requirement along "active" rail Email: ronald,crewt1ildot.state.fl.us systems, This project was cleared and certified on schedule. Elevation changes a this project caused TCE's to be converted to fee takes. LU ANN FRITZ PROoECT 'MNAGER/QA'QC PROJECT I DESCRIPTION REFERENCE SR 54, from US 19 to US 41, Pasco County, FL FDOT District Seven The widening of SR 54 included 110 parcels on 3 separate segments. The Ronald A, Crew project limits were SR 54 from US 19 to Little Road, Little Road to Suncoast 11201 N. McKinley Drive Parkway and from Suncoast Partkway to US 41. The 3 phases included large . acreage tracts, residences, proposed subdivisions, a funeral home, cemetery Tampa, FL 33612 Phone: 813-975-6740 and a municipal airport. Right-of-way also had to be acquired from Tampa Bay Emall: ronald,crewt1ildot.state,fl,us Water, Pasoo County and several utility providers. Attorney involvement was ~ RfP 08~5022; Annual Contract for Right of Way Acquisition and other Real Estate Related Services ID'1. 3 . -- -" - ---"---'--'~.._,- ._"....'~--- PREVIOUS PERFORMANCE ON SIMILAR JOBS 3 . - considerable. Ms. Fritz handled an acquisition parcel load, supervised six agents on the project. testified for the FDOT and acted as the client at Orders of Taking. This project was similar to Golden Gate In that there were significant changes in elevation requiring TCE:s along wtt~fee~kes. .~."-_._,..- --. -----~._- ._._.m_ SR 78, North Fort Myers, Lee County, FL Ms. Fritz served as Project Manager for FDOT District 1. HDR acquired right- of-way for the Improvement of State Road 78 (Bayshore Road) in North Fort FOOT District One Myers, Florida. This roadway improvement project included four-Ianlng State Pam Pearre Road 78 from east of Slater Road to west of Interstate 75 involving 2.5 miles, 801 N. Broadway Ave, The acquisition project consisted of 42 fee parcels, 11 temporary easements, 8 PO Box 1249 permanent easements, 2 business relocations, 1 residential move, g personal Bartow, FL 33831 property moves and 4 outdoor advertising sign relocations. Phone: 863-519-2421 Our team engaged in negotiation, relocation, and law suit preparation activities, Email: DamDearrellildot.II,state,us Ms. Fritz had the highest settlement rate of any consultant working for the District at the time and HDR received the highest performance grade ever given to a first time consultant. - Ernie Caldwell Boulevard I and II, Polk County, FL Ms, Fritz serves as Project Manager for this 40 parcel project that involves the Polk County construction of a new road that bisects two large active farms, severely Wade Allen, Chief Right-of-Way Agent impacting the stte of a 400' communications tower, affecting two new PO Box goOS-Drawer #TS02 subdivisions and involves acqulsttion of more than fifty acres of right of way. Bartow, FL 33831 HDR addressed access issues, contorted title issues, major severance Phone: 863-534"6710 damages, business damages, cures, overseas property owners and angry Email: wadeallen((jtoolk-countv,net . subdivision residents. HDR suggested money-saving engineering alternatives for consideration and approval. .. Pine Tree Trail I and II, Polk County, FL Ms, Fritz serves as Project Manager for this 29 parcel project that extends from Polk County Emie Caldwell Boulevard to south of the Oakmont Development. The proposed Wade Allen, Chief Right-of-Way Agent project also involves the constnuction of a new roadway in conjunction with PO Box 900S-Drawer tn'S02 Ernie Caldwell I & II projects, HDR successfully acquired parcels with primarily Bartow, FL 33831 overseas property owners in the advance acquisrtion phase within a short Phone: 863-534-6710 timeframe. There are 15 parcels in Phase II, An incentive offer program was Email: wadeallen@Dolk-countv,net utilized in the advance acquisition phase to expedtte the acquisition process. Wares Creek Stormwater Improvement Project, Manatee County Manatee County, FL Jim Staples, Interim Property The Cedar Hammock (Wares Creek) Drainage Canal project was designed to Management Director alleviate flooding in a highly urbanized area of Manatee County. The project 1022 26th Avenue East scope consisted of oversight of appraisal, survey and title activities, providing Bradenton, FL 34208 acquisition of 49 parcels and relocation and property management services, Phone: 941-708-7489 Ms, Fritz served as Project Manager. Email: jim,staples@Co.manatee.lI.us MARK SAWYER MAl APPRAISAL'COST ESWMTi\::; 0;: cECT MANAGER PROJECT I DESCRJP110N REFERENCE Tampa, Hlllsborough Ave, from Himes to Armenia Ave, Appraisal Project FDOT District Seven (20 parcels) Jim Petrovich, Deputy District Right of Way Manager - Appraisal . A road widening project from undivided 4 lanes to divided 6 lanes, Takings Florida Department of Transportation involved a wide variety of commercial properties, a large church, and a city fire Office of Right of Way station. Loss of parking and/or substandard setback impacted most of these 11201 North McKinley Drive ~............ Cow.nty R'P 08-5022: Annual Controd lor Righi 0# Way Acquisition and other Real EslOle Related servlees ill'], 4 -_._---~ ---'. '~'._- n__~...""',~_'_ ..c__..,_,___ ----.-.----. -- PREVIOUS PERFORMANCE ON SIMILAR JOBS 3 . _.--- properties. The wide range of cures included a cut-and-reface the church and Tampa, FL 33612 rebuilding the fire station. 813-975-6767 Email: i1m.petrovlchllildot.state.II.us As-Needed Appraisal Assignments for Plnellas County , Pinellas County Tasks were single-parcel appraisals on an as-needed basis, Many of the James R, Meloy, Rea' Estate properties appraised were large tracts the County wanted to purchase for park Administrator purposes. Since large tracts, espeCially waterfront, were unique to built-out 509 East Avenue South Pinellas County, the scarcity created complex appraisal problems to estimate Clearwater, FL 33756 market value. 727...64-3503 Email: .meloco..nellas.II.us -, _..~ -.---.- Pasco County, US 19 from Pinellas County Line to Hernando County Line FDOT D' t 'ct Se (200) I IS rt yen This =:~mate was for a PD&E study for adding continuous right-hand tum i ::11 ~cT.;:r, ~ost Et'~~ate Coo~d~~ator lanes and elevated overpasses with ramps at major intersections. The property i ~n a f Fl:a ht~~ 0 ranspo a Ion mix was 90% improved commercial and the balance vacant commercial. Major ! 112~~: rt~ M ~, ty D ' impacts that had to be considered were setbacks, parking loss, reduced T ~L 33:1;n ey nve access, quality of access (one-way ramp sections), and takings hitting 8~~::S.6i35 bUildings. Email: bill.mcteerdlldot.state.f1.us i FDOT District Seven Hillsborough County, SR 674 from US 301 to CR 579(100 parcels) Bill McTeer, Cos1 Estimate Coordinator This cost estimate was for a PD&E study for road widening project with 3-t0-5 Florida Department of Transportation altematives. Neighborhoods were a mix of commercial/residential, residential, Office of Right of Way . a small historic unincorporated downtown, and agriculture/residential. Major 11201 North McKinley Drive impacts that had to be considered were setbacks, parking loss, reduced I Tampa, FL, 33612 access, and takings hitting buildings. i 813-97~6735 . Email: bill.mcteeolstate.f1.us , FDOT District Seven Hernando County, 1-75 from Pasco/Hernando Co, Line to No, of SR 50 (30 B'II M T C t E t' t C d' t parcels) I ,c eer, os sima e oor I~ or Wilh the project in the earty stages of design, this cost estimate included a mix ~nda ~:a~m~~ of TransportatIon of ponds for a future widened Interstate and addilional R!W for its intersection 112~ :ort~ MC~inl:y Drive with SR 50. Most ponds were on large agncuhural tracts; however, some were T 3 Y I at the intersection impacting gasoline stations, Increased limited access had to 8~~::~~3~ 612 I I be addressed along SR 50. E II b'll t rllildot tat II I ma: I ,mc ee ,s e, ,us I I ADDITIONAL REFERENCE~, I FDOT District Seven Pasco County Ronald A, Crew Marcie McDonie, Senior Assistant County Attorney I' 11201 N, McKinley Drive 7530 Little Road, Suite 340 Tampa, FL 33612 New Port Richey, FL 34654 I Phone: 813197~6000 Phone: 727/847-8120 I Email: ronald,crew@dol.state.fl.us Email: mmcdonie@pascocountvfl.net i I Polk County Ci,ty of Clearwater , Wade Allen Chief Right-of-Way Agent Mike Quillen, City Engineer PO Box 900~Drawer fTS02 Municipal Services Building . Bartow FL 33831 100 South Myrtle Avenue, Suite 220 Phone:'863/534-6710 Clearwater, FL 33756 Email: wadeallen@polk-countV.net Phone:7271562...743 Email: michael.auillen@mvclearwater.com ~ RFP 08-5022: Annual Contrad for Right of Way Acquisition and other Reo' Estal. R.lated ServIces ffi.t 5 i , --------_...__._~--~----- --- ----- ----- ------ --.---- ------------ """-'-'--- ABILITY TO COMPLETE ON TIME AND WITHIN BUDGET 4 AND COST OF SERVICES TO THE COUNTY . HDR proposes a professional staff with the necessary HDR is committed to thorough, effective management of our experience and resources to successfully accomplish the staff and the activities of our subconsultants. The HDR team work required for thiS contract. HDR has established itself is immediately available upon notice to proceed and will be as a firm wrth a clear understanding of right-of-way policies, dedicated to teamwork and business excellence. The procedures and production. This understanding is based Florida staff is supported by another 110 agents across the on all aspects ot a project from notice to proceed to country. These additional resources, if called upon, are certification. HDR has demonstrated the capacity to accustomed to rapid deployment and long-term commitment. successfully complete aSSignments and to manage overall workload in order to conlinuously maintain sufficient staff A\iAILA.8il;Tr DF RES,CURCES availability for assignments, while meeting overail budget, The following organizational chart shows proposed staff in schedule and quality objectives. each of the required disciplines and their availability and commitment to Collier County. ~--~ ~ _1,- LuAMFrll(llOl'} ':OI!TRAl~! I=POJ[GT MAHAGEP . Joe _on(1OOl1} --, COST ESTlrvlATlNGjAPPRAlSAL ACQl'!5ITION UTlUH COOROlNATlot~ JOIIll'lon'lpson(1~} MorkS_, MAl (100l1) M~'_(lIOl') Mory._ (SOIl) Oan_(lIOl') LuAMFrll(llOl') l.UA.nn Fntz (SO.... M_ J_on (ro") UWkllesonert!lO") Merkgeojor, MAl (100l1) !luoenSOW)er(100l1) Dentel Mod<(lIOl') J"""'C"*'(1OOl1) """'Culil!r(llOl'} \,. "~~'i", _'_~ DenIe1 Mod< (lIOl') Anne wl8l'er(8OS) ,~, Colleen 811ner(l00s) JenrftrCUS1IlrpOO"l TRANStATtoN J.... e....eu (100l1) . JosoIlI_' (85") SUBCONSULTANlS A~C_t6O") EmiiO C....... t60") mu AmeriCWlGO\errlmeR. i .........(lIIE) IIIIFW 19m. Peter PImllaJ. Mo\I Oseer Lhl!r. Genef'IIQ,.lt)-tl;). F"" la<IUe. War: RenclY TotII PE. E_jPIennOr am__ Jorce Moreno, 8uU'IeSS 0In\e8l!5 . ~ ifFI' 08.5022: Annual Contract'OI Right of Way Acquisltlon end other Reol Estate Related Services ID.~ 1 ----.,'------ ,~~- .--., ~-_.- " _._-----~,,-- ABILITY TO COMPLETE ON TIME AND WITHIN BUDGET 4 AND COST OF SERVICES TO THE COUNTY . SCHEDULE CONTROL CC",;ST C()NTR(~;~ Progress will be monitored utilizing Primavera, a HDR w~1 be fiscally responsible to Collier County. We will computerized scheduling system. Mr. Thompson was suggest approaches to all task assignments that accomplish instnumental in developing templates for the right-of-way the desired objective in the most cost efficient manner. HDR process used during his tenure at FOOT. All right-of-way strongly feels that our long term relationship with Collier projects in the District were tracked using this system. The County will be fostered by also being good stewards of the template can be modified to reflect the County's process taxpayers' money. Close communication with Mr. Hendricks through the last title acquired date. The template breaks will be vital to achieving this goal. the overall right-of-way process into a series of smaller activities. For each activity, a duration is established and We will conduct settlement conferences with attorneys who the activity is linked to its predecessor and successor have blocks of parcels on a particular project. It has been our activities through the logic model. Through this process, experience that these conferences increase settlements and I Pnmavera IS able to Identify the pacing actiVitieS (known as reduce litigatIOn the critical path) and appropriate attention can be given to i those activities. During the life of the project. as key dates When appropriate, HDR would recommend using value I are reported to the system, it will recalculate the critical findings to negotiate non-complicated parcels. Fees for value path, and attention can be shifted as necessary. findings are significantly less than tees for summary appraisals. CURRENT A.ND PROJECTED WORKLOAD The table below contains start dates, project descriptions and end dates for all current and projected HDR projects. . Start DdtF Antlupated E r '1 p'('Jrcl[)1 C'r'lv <'t-' :.....,..... '11 d SliM DatI 2/08 6/08 Pine Tree Trail, Phase 2 - HDR is providing acquisition Polk Lu Ann Fritz, services for 15 parcels, County Anna Weaver 4/05 Unknown - on hold Wares Creek - 13 parcels in Phase 3 on-hold. Manatee Lu Ann Fritz County 3/08 9/08 Harden Road - HDR is providing acquis~ion services for Polk Lu Ann Fritz, 27 parcels along Harden Road, County Anna Weaver '-~ ------- Mary Arend, Steven 2109 - Acquisition SR 54 - 77 parcel project including acquisition, , Custer, Daniel Mack, 8107 Is 8llpec:lld to be lit relocation and appraisal management. AcqUisition i Pasco Janae Barbeau, Ieut 90% complete """" .- · .. ...-"" -,... ~.l COO", Colleen Baxter, by 9108. 7/08. Jennifer Custer, Anna Weaver 2/08 7108 SR 710 Advance Acquisition -10 Ilarcels. _ FOOT, D-4 Mark Besoner --- -~ - ..- _..'..- SR 710 - HDR Pnme, 50% partner with American i ",.1"" """,......,~.. d """"'1 On hold Unknown 133 acquiSitIOn parcels and 30 relocation parcels FDOT D-4 Unknown - project is Contract awarded January 2006. We have not received ' questionable NTP, project has been on-hold, MPO challenging . design. _ __-- 9/07 AcquiSition to be Indian Street Bridge - 15 acquisition parcels and 1 i FDOT D-4 Mark Besoner completed by 7/08. relocation parcel ; , . ~ IfFP 0'-5022: Annual Contract for RIght of Way Acquisition and other Reol Estate Related Services I-ilt 2 __R -.-.,-- ----',.. .__..._- ABILITY TO COMPLETE ON TIME AND WITHIN BUDGET 4 AND COST OF SERVICES TO THE COUNTY . PROJECTS AND EXPERIENCE FOR ADDITIONAL POINTS HDR his !lID! been dtIlnquent on . proJec:t schedule and we CR 378 (Lakeland Highlands Road) Cost Eslmate 81 have I!m! , I performed within ~_._-----_._-- ._, FOOT District 7 or below project BlllllcTeer Pasco County, us 19 from Pinellas County Une 10 Hernando County Une Cost Estimate 200 budgets The 813/975-&735 following project ----_.'._--,-. __.mn_.'" FOOT District 7 experience and BlllllcTeer Hilisborough Counly, SR 674 from US 301 to CR 579 Cost Estimate 100 letters of reference 8131975-6735 submitted for ....--.-..---- are FDOT District 7 yourreview. BlllllcTeer Hemando County, 1-75 from Pasco/Hernando Co, Line to No. of SR 50 Cost Estimate 30 813/975-&735 ~--_.._--- -..- -.---'--- Ulah DOT Ray Bennett, Righi 01 Da'~and Weber Counties, north of Salt Lake City, Utah, SR 108, from 1700 South in I Way IIanagtr Syracuse to 1900 West in West Haven Cost Estimates 1 400 8011915-<1809 '--""- --=1 Pinellu County James R. lIaIoy As needed appraisal assignments for Pinellas County n71414-4503 ".-. ~.._--. FDOT District 7 Jim Patrovich HiIIsborough Avenue from Himes to Armenia Appraisal Project 20 . 813/975-&767 ---.-,. ...--- -..-.- ..-..----- .-.....---...-. Polk County Subconluttant to , PARARA Waverly Road Utilities Appra~ai Project 17 I Warren Heyman i f i 8li3l736-6SSll I Seminole County I I Robert Rise..r Lake Hayes Water Main Appraisal Projecl ! 15 ! 4071665-5736 ---_..~ " '-"-- Puco County Moon lake Rd, Acquisition Services I lIareiallcDonnle : 192 727/847-8120 , -~._--~~ Peco County i SR 54 (From East Of i-75 To East OfCR 7551Cuney Road) Aoquisilion Services i Mlrcie McDonnie ! 77 i 727/847-8120 (Pete Parrado - Appraisal Services) , -. --...--- City 01 Clearwater i lIilcaQulllen Friendly Village of Kapok Relocation 200 i 7271582-4743 i FDOT District Four 133 : V.. Neilly SR 710 Acquisition and Relocation Services acquisitions I 9541777-4217 (Oniy Advance Acquisition to date) - Project on hold 30 relocalions ...-.----..-.- .. -.-.-- --.. : City 01 Jacksonville, I Rul Eslata Dlvlslon 132 Pllrtcla Brown, Ret, Pulaski Road Acquisition and Relocation Services Bob William. I 9041630-1600 . Seminole County Nln Newton CR 15 Road Improvement Project 42 I 407-665-5S59 ~ R" 08.5022: Annual Contract for Right of Way Acquisition and other Real Estate Related Services ~ 3 -,,-_._---- __c .~.... ~._- -.-.-." ..-.----.-- ABILITY TO COMPLETE ON TIME AND WITHIN BUDGET 4 AND COST OF SERVICES TO THE COUNTY ~~~::untY- _._-~,- ----..- --...--- --1 Acq\J~ilion of 49 partels for Ware's Creek Flood control projeCI 49 941-708-7480 '" .,.....,-,...;;...... -" ~""'" .""" 1- ~-- .-- - FDOT District One Pam ""am! SS3l519-2~1 relocation parcels , _ __. ______._ ___~..___1 Polk County , Wads Allen CR 655 at Denton Road AcQUis~ion ' 11 8631534-6043 ! I I Polk County ~cqulSilio:ro:~~~ Ca~1I BIV~' Phases ~and 2- ~-- I:ol Wade AllIn i 8631534-600 .__ ~Olk Count, I Wide Allen Acquisition for Pine Tree Trail- Phases 1 and 2 44 8631534-8043 i -- .---,,- -- ',.- -------- ...__.__._.~._-- I FDOT District Four i " ! Van Neill, Acquisition for Indian Street Bridge project acquisitions ~77-4287 1 relocation I --.. ...-----.--- ~. .......... -- '----'._- --1 Polk Count, Wade Allen Lake Marion Creek Bridge Replacement Project 8 ' 8631534-6043 ! _. -- -- , Polk County ~, ' Wade Allen Shepherd Road Bridge Replacement Project 8631534-6043 .'m__d_" City of Palm Coost . John Morris Professional Real Estate Acquisition Services , 11 386/98&-3731 , --....- -- '--"-- -.......- .'-'- City 01 Jacksonville, Real elta. Division Patricia Brown, Rei. Wesconnette Blvd Acquisition and Relocation Servk:8S 52 Bob Williams 90041630-1800 ._._-~.._- City of JlCbonvllle, RIal Estate Division Pllricls Brown, Rei, LBMoya Avenue Acquisition and Relocation Services I 28 , Bob Williams I 9041G30-1800 -.--- , I City of Jacksonville, I Real Estate Division I Petri.1e Blown, RIl. l Lenox Avenue Acquisition and Relocation Services 28 Bob Wlllilms , , 90041630-1800 _.,,---- I I~'-- Phase 1 - Real Estate Division 29 i Pllricla Brown, Rsl, Collins Road (Ph..es 1 & 2) Acquisition and Relocation Services I Phase 2 - I Bob WiIIllms , 47 9041630-1800 t_ _ __.... ___~___ n________ ---- City of Jacksonville, i Rell Estate DlvlIIlon 8. Street (Phases 1 & 2) 24 I Petricll Brown, Ret. Old Middleburg Road 5 ! Bob Williams 90041630-1800 Polk County . Wide Allen Spirit Lake Road Acquis~lon 8631534-600 ~~ty RFP 08.5022: Annual Contract for Right of Way Acquisition and other Real Estate Related Services lil'1 4 .-. -- .~'.-"--- '-'--'---"-',-~,-,- ."-... ..,~" I ABILITY TO COMPLETE ON TIME AND WITHIN BUDGET I 4 AND COST OF SERVICES TO THE COUNTY ..-~- .---- .~1 FOOT District Soven .\ ~,~' Aurelie Anthony Dislrictwide Right-of-Way SOMces (part or HDR's GEe contract) 8131975-6766 -.... m Polk Coumy Croton Road -1 parcel Wade Allen Ronaid Reagan Parkway - 1 parcel 863/534-6043 Oak Lane - 2 parcels lake Marion Creek - 8 parcels - ----1 --- Jacksonville Eleclric I Authority Pulaski Road , 20 Donald Burch 8th Street I 16 9041665-6535 . . ~ RfP 08-5022: Annual Contract lor Right of Way Acquisfflon and other Reol Estate Related Services fit 5 --"--_._. - -_.._- ----'._- -----~ .--.---"- -. --'-' ----~-----'--- ----- ABILITY TO COMPLETE ON TIME AND WITHIN BUDGET 4 AND COST OF SERVICES TO THE COUNTY THE FRIENDLY VILLAGE OF It is our experience that the primary cause of anxiety KAPOK MOBILE HOME PARK associated with relocation is the lack ot understanding of City of Clearwater, Florida the process. We knew excellent communication was the key 10 the success of this meeting. The presentation Client Contact: Mike Quillen, Director of Engineering, City provided the residents a step-by-step explanation of what they could expect as a result of this project. The audience of Clearwater, Memorial Services Building, 100 South was very attentive and even applauded on more than Myrtle Avenue, Suite 220, Clearwater, FL 33756, one occasion. On this evening, well over 100 families 727-562-4750 (phone), 727-562-4755 (fax), scheduled appointments for Needs Assessment Surveys, Michael.ouillen@mvc/earwater.com and the project was underway. The City of Clearwater selected HDR to relocate nearly Within one week of the public meeting, HDR established a 200 families from the Friendly Village of Kapok Mobile field office within the park and hit the ground running. The Home Park. The City required the site for its Alligator project had a 24-month schedule. Six months into the Creek flood pia in restoration, weijand creation and habitat project, the City learned one of their grants was improvement. Prior to HDR's invoivement, the project had contingent upon having the property vacated within 12 received several years of negative press, and many of the months. Our project schedule was cut in half. As a result residents had been outspoken in opposition to the project. of our diligence and dedication to this project, HDR The goal of the City was to accomplish this project in a successfully relocated over 200 families and disposed manner that would promote pos~ive public of over 100 mobile homes in one year. perception while insulating the City from C' ~,.,' the day-to-day activities of the process. Throughout the life of these relocations, HDR maintained an excellent rapport with . HDR was responsible for relocation, each resident. Our agents worked very mobile home park management that hard to ensure each displacee that we included collecting rents and were working in their best interest. The maintaining the park and property agents often went above and beyond the management. Once selected, HDR wrote scope by helping the residents with their a relocation pian specifically designed to day-to-day struggles such as taking them strike that critical balance between the by the grocery store on the way home from needs of the residents and the needs of inspecting potential replacement housing sites and the City. The relocation plan consisted of a modified providing transportation to obtain identification necessary Uniform Relocation Act that excluded last resort housing to cash housing checks. While this project did not have payments and notices were issued in accordance with Section 3 requirements, HDR hired a low income resident Florida Statutes 723 and 83, of the Friendly Village of Kapok to care for the grounds. When the plan had been approved and the s~e had been As a result ot HDR's efforts, the City of Clearwater was acquired, a public meeting was planned. Because this was on schedule with its restoration project and had considered to be a high-profile project and the likelihood retained its grant eligibility. HDR executed this project for problems at the public meeting was significant, there using only 70% of the labor budget and approximately 25% were numerous meetings w~h city staff, including the City of the expense budget. Instead of having mobile homes Manager and the Director of Public Relations. HDR staff demolished, HDR sold the homes and saved the City set the tone of the meeting by assembling covered tables over $200,000 in demolition costs. At the completion of with fresh flowers and candy and greeting each resident at the project, the Mayor and CitY Commissioners the door w~h a smile and an extended hand, inv~ing each recognized HDR for our exemplary performance on resident to make an appointment for a relocation agent to this project. visit their home to discuss their needs. As the residents were seated, agents continued to introduce themselves and began to develop relationships. . ~<;Anutty .FP 08-5022; Annual Contract fOf Right of Way Acquisition and other Real Estate Related Services ~ 6 _n__, _____ __ __.w. .""' ..~. ._- ,.,__._.._h,._..___._ .~",...- -- i ABILITY TO COMPLETE ON TIME AND WITHIN BUDGET 4 AND COST OF SERVICES TO THE COUNTY PASCO COUNTY, ~"LORIDA Jul} I:. ~()117 MJrilyn Jtk:kSl1U VK;C'l'n::iideJl1 liDR Engine~ring. hll'. 2202 N. WCSI StJorc Boulevard Suile 250 Tampa, FL 33607 Subj<<l: LtUer of RttommeDd.tion , 1 ~l \Vl)t'ml J1 MiJY l\lJll;ern. ! (-IDR Engineering. Inc. .,IDR) has tx'L'Tl rt:,"ponsiblc 1~lr PO:l~l'(l ('llunly's Moon Jake Road . proje1:I, a 192 parceJ project IN:ab.'d In Pa-.co Count)', IIDR"s role ha~ included ProJet::1 Adminisll'"'dtion. Nt:goti;'llion ~-I':',:S. nnd UosinJ:: Sc:r\.icl,."::;, J IDR h,l~ t,:xcl,."t'tkd idl expectarions in the work prcfonncd 'i:)r the Count)'. Pa~() County'" Rea} FSI,UiC' lkpartnlent hns a ,gn=at working rehnionship \.,'ith JJDR and their stun'and \\Ollld rctommcnd hiring lh..:m a@ain for lUlU1\' roaiJ proj\.'Cb. I ,^,ould highly ,""Commend ilDR for an}" rood projC(;t;1; !.hat in\'oh-lo: right of way acquisitions that you migh1 be contemplating._ ~ldl! / ,; . / ./.. '", ~ ,. ~----- ,,;.1 It/fP U:eJ11~1...:' Mana~er 11>1~(,(' (lUn~y. Flllrl.1.1 . ~ RF" 01.5022: Annual Contract f01 RighI of way Acqulalt#on and other Reo' Estate Related 3ervlc..ll ill" 7 ~~-" ---~-"~.. -...--' . ----~-----"-'--~ ------ ABILITY TO COMPLETE ON TIME AND WITHIN BUDGET 4 AND COST OF SERVICES TO THE COUNTY . 330 West ChuKb !tree, P.O. 8o",5IOOS Drawer Wl'S02 B......,FL33131-9OM Phone: (863) '34-6100 Engineering Division htmI.JC...""C~n Fax: (863) 530-6721 November 1, 2006 Marilyn Jacbon ViceP....idt.ut HDR Eaginoaine, Jm;, 2202 N, West SlIDIe BooI"""'" Suite 2.50 Tompa, FL 33607 Subjeet: V.rifialtioJl Letter for Services Pro\'lded by HDR EqWerinl Polk C.unty,llIoridl To Whom h May Concern: . Pl.... lICCcpl Ibis 1_ as verification tbal HDR Engineering, as the prime coMUltant, has .i1her complete<! or is cumntly working on the following projecto fur Polk CO\DIty, tlorida. - -- Dat. or PruJeel Dooeriplioo 1/ oIP...... sap Conm\dtoa Lik. Marian Creek ~ J.l.epja.en-t a (,,~n1etod 9f2006 S ~ Brill Illce-nt 5 Sf2OO6 7 Pan:cIs Spirit Lllkt Roed AcquiJitiOll 26 License CompIetecl 8f2003 ^ CR6SS 81DcntcmRoed~'!!.i!i~. 10 ~ llf2003 I Ernie Caldwell Bout"""'" 45 In Est. 612007 ._.,~ ~- All of tbc aboYe pm;ecllI iDcJudc Project}."""'_, TItle Servic.. (inch.lina cutative), Ne..,utiolls ad C1osiDg, HDR P"p. ,,;,'11 has e><cecdec1 all expectations in tbe work pcrforme<! no completed prqjecls ad its cum:nt project fur Polk County, Florida, Sincerely, ~ CbicfRight of Way Aaenl . : ~ Cow.'Kty RFP 08.5022: Annual Contract for Right 0' Way Acqu;siticn and other Real Estat. R.lo1ed Je(Vices ffi.'t B ! ----~ - _..,~,....",._----- _'_'"_u"__'_',__,_ --..'---.---- ABILITY TO COMPLETE ON TIME AND WITHIN BUDGET 4 AND COST OF SERVICES TO THE COUNTY . ~ FIoricIa Department of TTansportation .10 aV11I DVfYUl.l.IITVI1.&II, .. GOVJ:.Jq). IIICUTAJlY November I, 2006 Marilyn JIlCkson Vice: President HDR Engineering, Inc. 2202 N. WCSI Shore Boulevard Suile 250 Tampa, FL 33607 Subject: VerlJieltlo. Leiter ror Servkes Provtded by HOIl A.quisltion Servi.... I.e. 5R '78 (Ba,..ore BDulcvurd) ItellllSec. No. 195~1 Let' Co..t,. To Whom I' MoyConccm: PIe... accopl thislcner as verification tbnl ROR Acquisition Service.. Inc.. as the prime . consultlll1l, eompleted Ibe SR 78 project for FOOT, Oistri<:t One in September 2003 eonsisnng of 52 parcels. MOR provided Project AdministmtiOll, Title Services (including c:uratiyc work). NCJOIiation Services. Rdocation Scrvicca.. Closing Services and prepamtion of eminent dom.in suit paekqes. HDR Acquisition Service<. Tnc. exceeded all expectation. in pcrfonninglhis \Vorl< for FOOT, Di.striet One. I ,,'ould highly recommend ROR Acquisition Services, Ine, for any endeavor they mighl pursue. Sincerely, T. ~~?~~ Pamela J. Pearre Proj...,~ District One, Rishlof Way Depanmenl- Acquisition Offiee SO II\0rth Broadway A venuc" Pool Office Box 1249" Bartow, Florida 33831.1249 (863) S 19-2421 "(863) 534-7168 (FAX) OMS 1-66 . ~ c;::ou.Hty RFP 08-5022: Annual Contract lor Right of Way AcqvisHion and other Reol ~s'ate Related Services IDt 9 ---._- .- -- . ._...._-...~-~---- _M_ +--,-"--_.~---- - _.__.~---_.. - ~._-~ ---~. ----- >' . I ~ --.- ............- I n; . i :E I . i '" ....>- ! ,5 W.... .~ ~Z . '" o=>> li '" ~ =>>0 . n 1IlllU c( P-J 13 Zw '" '0 -:J: II Ci :J:.... >- ~ .... 1/1 c .. -0 I I '" u ~.... . H! 1 " ! '0 ~ i '" u 0"" = " I I '<3 .. jnnn n .mn__ __ i '" ~ zw _______n___ H...... ....__.. "- ! !l '" .. c(U i '" .. -..... --- ,5 J! - , , n n'-: - -rip llu I J! w> . n iE IiJ ~tlItl: c- d___ I J I Sl ;; , II ! '" .. _w '" .. .... "" ! J j N t I E : Zu. , I 0 I U5 0 00 I i I " " I I u c f J J!l 0 w.... :: I j d c I c i! ...."" f-"'- .,- - I . I f ilj '" ", wO I L il.' I . u ~ "" <T ~~ ., f .1 u r--nf II I 0> .. t I ' ~t c >. I : II , '3,S ~ i ' I al '" OZ I I I -c'" '0 I u'" :l; uc( . I ': '" c I L .J--- 1 -'" D> . I u _ " t '" u ~ 0 ~ '~'" .l! . i 0._ - 0 CL _ U .... -"- s'" ,g >- oc.JE c 0-5 0 .... v - I'" ;; -c ... ~~ ~ - c 1Illl al~ c .. c( "'- .... " "" O.l .~ ... - c s: "'.- ~ CiS E.5 ... '" '" ~ -E .. . . . <'0 "'- '" "" " c - .!!l~ "'- '" '" .J::.S? )l :;:s I '" '" > -c I .2:: ! .'. i,1 _ I (g ~ _ji 1,1 . I alll'l o u a.. Ifdj!!1 I f I 1 Ii! 1 i 'a~ I ~e . 1'1 dl p1dAJI t" '" N ""- ~_ I I! n II! u 0 ",- "" 2l ~ , ~ I I I I ~ I I >- c ----.-.- ._-----_..- -,._----~--- --- -.-.---.... 0-_-' ---~ --.--- PROPOSED FEE SCHEDULE 5 Proposed Fee Schedule: HourlY Rate Schedule Principal $ 170.00 I Project Manager( s) $ 139,OO -170.00 i I Real Estate Appraiser (State Certified General) $ 120.00 -150.00 Senior (Property Acquisition Specialist - RNV Agent) $ 91.88 Staff (Property Acquisition Specialist - RNV Agent) $ 81.79 Admin, Ass!. $ 56.73 Lumll Sum Pricina Obtain I Provide Title Commitment $ 375.00 Obtain I Provide 0 & E Report $ 350.00 . . ~ <;:mtJtty If" 01-5022: Annual Confract for Right of Way AcqulslHon ond other Reo' Estote Related Services lil( I -- -....---...---.- -- -----.- PREVIOUS PERFORMANCE ON SIMILAR JOBS 6 Hemando County, SR 50 from US 19 to Manner Boulevard - Speciai Purpose Estimate to measure the cost of RNV with an open I FOOT District 7 ditch 10 the addftional costs of a retaining Contact: Bill McTeer, Cost Estimate Coordinator wall without RNV. Parcels included a mix of Florida Department of Transportation : vacant tracts, restaurants, retail stores, Office of Right of Way, District 7 professional offices, and miscellaneous 09107 I 11201 North McKinley Drive commercial types. Major impacts that had to ; Tampa, FL, 33612 be considered were setbacks, parking loss, I 8131975-6735 ; and reduced access. The results were that , I retaining walls had a substantially lower total I cost, even without consideration of business damages. -_I --- -~._-- -_..--- ..-.._._~- --~._- ---- ---. Hillsborough County, SR 60 from i-275 to Spnuce Sl., Links Stage 4 - This is a very short and cosUy segment approaching a total FOOT District 7 of $1 Million since several large office ! Contact: Bill McTeer, Cost Estimate Coordinator buildings were going to be damaged out due Florida Department of Transportation to severe takings affecting setbacks and Office of Right of Way, District 7 parking loss. A second alternative using air OSl07 & 02108 11201 North McKinley Drive rights was added to bridge over one parcel . Tampa, FL, 33612 to maintain 95% of the 55% parking loss. 8131975-6735 "" "'.""_.~'''''''"'';'-l_ rights scenario had enough cost savings to -J l ' justify the increased costs of bridging this : one parcel. I ---- Davis and Weber Counti~~, north ot Salt- I .! Lake City, Utah SR 108, from 1700 South in Syracuse to 1900 West in West Haven - This ten-mile project to widen the heavily-traveled, two. lane SR 108 began with a detailed cost State of Utah Department of Transportation estimate of a center alignment and ended up ! I Ray Bennett, SRlWA & Certified Genera' with abbreviated analyses of 4 more , Appraiser alternatives. Most of the impacted parcels Right of Way Manager, Right of Way Division were single family residences; commercial 10106,03107 & 09/07 i 4501 South 2700 West improvements were located at major i i Box 148420 intersections. Reduced setbacks were the I i Salt Lake City, UT 84114-8420 main issues to analyze for the residences. i i , 801/965-4809 Major impacts that had to be considered for , i I , i ! , the commercial parcels were setbacks, I I i parking loss, reduced access, and takings i I i hitting structures. The project continues to \ I be fine tuned and is now down to two i I I altematives. We will perform more wcrk on i i i I . this project in the near future. , ! i ~ If" 0'.5022: Annual Contract for Right of Way AcqulJltfon and o'her Real Estate Related Services ~ I I I I I i I I ~-,,_.- -,--...-- .",....~._------_.-.- .--.._-----". PREVIOUS PERFORMANCE ON SIMILAR JOBS 6 SR 54 (From East of 1-75 To East of CR 755lCurley Road) Acquisition Services - 68 fee I take parcels with 24 adjoining TCE's, 7 stand- Pasco County I' alone TCE's and 2 stand-alone permanent Contact: Marcie McDonie, Senior Assistant County easements. HDR is providmg right-of-way 08107" 02/09 (Acquisition Attorney servICeS for thiS roadway widening project on SR . 7530 Littie Road, Suite 340 ' 54 and is responsible for all appraisal review, I~~~ected Ito ~ a~)~:s)t New Port Richey, FL 34654 negotiations, property settlements, closing, comp ete y Phone: 7271847-8120 property management, suit packages and Irtigation documents and support. HDR is . working with Pete PanacIo, who provided ' I J appraisals for this project. j P C ty 1 Moon Lake Rd. Acquisition Services -192 , asco oun I HDR idd'ht f . f : Contact: Marcie McDonie Senior Assistant County : parce s. prov. e ng -0 -way services or , , Attorney' I thIS roadway Wldenln9 prOfOct and was .. I 17530 Littie Road, Suite 340 I responSible for appratsal reVieW, all negotiations, 07/06 - 07/07 New Port Richey, FL 34654 property settle~nts, ClOSing, property : Phone: 7271847.8120 '.' management (Inventory & leases), sun packages ~ : i and litigation documents and support. I L....--,,,, ,__.____,,_______'_ ' -----1 I Polk County I ..' I Contact: Wade Allen, Chief Right-of.Way Agent Lake Manon Creek Bndge Replace~ent Project - " I PO Box 9OOS-Drawer #TS02 ' HDR was responstble for the negotiation ,and ' 02105 . 02106 . i Bartow, FL 33831 i acquisnlon of 8 parcels and SUIt preparation. No I Khone: 8631534-6710 l' condemnation was necessary. I ___ ... ________n_______ ____~___..,.. .-~.--~..-,-._---- Polk County i.' , Contact: Wade Allen, Chief Right-of-Way Agent Ii Shepherd Road Bridge Replacement Project- PO Box 900S-Drawer #TS02 i HDR. was responsible for the negotiaUonand 09105 - 07/06 Bartow, FL 33831 I acqUISition of 5 parcels and surt preparation. No Phone: 8631534-6710 condemnalion was necessary. '---[' : Acquisnion for Emie Caldwell Blvd., Phases 1 i-- and 2' : Polk County Ph . 1 10 eel ' , 1 Contact: Wade Allen, Chief Right-of-Way Agent p~se 2 = 30 par IS . Ph l' 07/06 - On-h Id I i PO Box tOOS-Drawer tlTS02 se parce s lase . 0 I Bartow, FL 33831 HDR is responsible for the acquisitio~ of more Phase 2: 01/07 - 05/08 Phone: 863/534-6710 than fifty acres of nght-of-way, wh~h mcludes , two large. actIVe farms, a communicatiOns tower, i 1 . and parcels in two new subdivisions. ~ I I Polk County "ACqUisitiOn for Pine Tree Trail: i ' " Phase 1 - 29 parcels Contact, Wade Allen, Chief Right-of-Way Agent Ph 2 -15 ceIs Ph l' 04107 04/08 PO Box 900S-Drawer #TS02 ase par ase . - Bartow FL 33831 . HDR is responsible for !he acquisition of 44 Phase 2: 02/08 - 12/08 Phone:' 8631534-6710 ! parcels on this project involving the construction ~f new roadway. -- -,~, ~". -~.- ~ Seminole County CR 15 Road Improvement Project - HDR : Contact: Nell Newton, Right-of.Way Manager · performed acquisition and suit preparation for !he 'I I 520 W, Lake Mary Boulevard, Suite 200 42 residential, commercial and industrial parcels. 11106 - 05107 I Sanford, FL 32773 The project was completed within 6 months and . Phone: 407166S-5659 prior to the projected completion date. ~ RFP 08-5022: Annual Contract fOl Right 01 Way Acquisfflon and other Reol Estate Related Services @{ 2 ----------. - ,------,,- ~ ------~-_."--'- -~._,~---,...,.' MEMORANDUM Date: August 25, 2008 To: Frank Ramsey, SHIP Program Coordinator Human Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Grant Agreement adopted in BCC Absentia Enclosed please find the originals, approved while the Board of County Commissioners in Absentia on Tuesday, August 26, 2008 and to be ratified on Septemeber 9, 2008, Please forward a fully executed original back to Minutes and Records Department once all signatures are received. If you should have any questions, please contact me at 252-8411. Thank you, Enclosures -"."......" -.--." ...-----.----. ~"'.j , ,,~~ . i'/ i*II*! ''''- -t,... c:~ . at' (~-1'V' Of'''"0..'- July 25, 2008, 2008 Ms,Marcy Krumbine, Director Collier Housing & Human Services 2800 North Horseshoe Drive, Suite 400 Naples, FL 34104 Dear Ms. Krumbine : SUBJECT: Transmittal of Grant Agreement Supportive Housing Program (SHP) Project Number:FL 148706001 Project Identifier Number:FL 14152 At the request of Collier County, we are hereby issuing a new grant agreement for grant FL 14B70-6001 that replaces the original grant agreement that was executed March 27, 2008 to the sponsor Shelter for Abused Women & Children (SAWCC) rather tha the arantee Collier County for renewal grant funding under the Supportive Housing Program, All conditions attached to your award for this project have been met. This ( one (1) year) award will continue to support your program previously funded by HUD for grant }urther contributing to our national effort to end homelessness. Upon execution of the Renewal Grant Agreement by you and HUD, HUD will obligate the total funds for this project in the amount of $113,000 allocated as follows: 1. Grant for operating $56,500 2, Grant for supportive services $56,500 3. Grant for leasing $-0. 4. Grant for HMIS t:Q: 5. Grant for administration t:Q: Enclosed are three copies of the Renewal Grant Agreement that constitutes the agreement between you and HUD, Please sign all three and return them to this office within two weeks of receipt of this letter, When they are received, HUD will execute them, and one will be returned to you. Your ~-"._~.,. .-.- new Voice Response Number for your renewal grant will be generated and sent to you under separate cover. The following were provided to you and processed at the time of your most recent grant award: Grantee Financial Instructions, Direct Deposit sign-Up Form (SF-1199A), LOCCS Voice Response Security Access Authorization Form (HUD-27054), and SNAP'S Request Voucher for Grant Payment (HUD-27053-A). If you need additional forms for any reason, please contact us. No funds can be disbursed to you until the Renewal Grant Agreement is fully executed. Be advised that the renewal will start at the end of the current active grant as stated in the agreement. If you have any questions, please contact (Ronald M. Muscarella, Senior Community Planninq and Development Representative at ( 305) 536-4431 Ext. 5014. HUD looks forward to working with you toward the successful continuation of your Supportive Housing Program project. Sincerel 2- / I ,/ /' aria . Ortiz-Hill, Director Community Planning and Development Division - Enclosures 2007 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT - This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and Collier COlIDtv Board or COlIDtv Commissioners, the Recipient, whose Tax ID number is 59-6000558for project NumberFL14B706001/Project Identifier Number FL14152to be located at PO Box 10102 Naples Fl3410l The assistance which is the subject of this Grant Agreement is authorized by the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act''). The term "grant" or "grant funds" means the assistance provided under this Agreement This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attaclnnent A, and the Notice of Funding Availability (NOF A) that was published in two parts. The first part was the General Section of the NOF A, which was published January 18, 2007 at n FR 2396, and the second part was the Continuum of Care Homeless Assistance Programs NOF A Section of the NOF A, which was published March 13, 2007 at n FR 11742. The term "Application" means the original and renewal application submissions on the basis of which a Grant was approved by HUD, including the certifications and assurances and any infonnation or documentation required to meet any grant awanl conditions. The Application is incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified below for the approved project described in the Application. Although this agn:ement will become effective only upon the execution hereof by both parties, upon execution, the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement or, if the original Grant Agreement was amended to extend its term, the term of this agn:ement shall run from the end of the extension of the original Grant Agreement term for a period of (enter grant term) . Eligible costs, as defined by the Act and Attachment A, incurred between the end of Recipient's final operating year under the original Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant HUD's total fund obligation for this project is $113,000 allocated as follows: 1. Gl1I'It for operating $58,500 $58,500 $-(I. 2. Grant for supportive setVices 3. Gl1I'Il for leasing 4. GrantforHMIS $-0- 5. Grant for administration $-0. The Recipient must provide a 25 percent cash match for supportive services. The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant fimds available. The Recipient agrees to participate in a local Homeless Management Information System (HMIS) when implemented. The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder be assigned without prior written approval ofHUD. For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes thai the Recipient or the project sponsor will or has financed this project through the use of the Low-Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty-year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant fimds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the minimunl term in accordance with the requirements of Attachment A, noncompliance with the Act or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUD, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUn may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; or date (b) issue a letter of wal11ing advising the Recipient of the default, establishing a notice by which corrective actions must be completed and putting the Recipient on repeated; or that more serious actions will be taken if the default is not corrected or is (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or (e) reduce or recapture the grant; or (I) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute recipient ofHUD's choosing; or (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. For each operating year in which funding is received, the Recipient shall file annual certifications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. This Grant Agreement constitutes the entire agreement between the pat1ies hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than 10 percent of funds from one approved type of eligible activity to another, or make any other significant change, withont the prior written approval ofHUD. SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing WId UrbWl Development By: Signature WId Date Maria R. Ortiz-Hill Typed name of signatory Director. CPO Division Title RECIPIENT Collier County Board of Countv Commissioners. Name of Organization BY:/'2~ 7//?=--~ E0:c> -:ii5 Auth zed Signature and Date ,~--:r;?/,/ e .5 II /1'1< ( <./~ Typed name of signatory ~)t(.,;-ry Title /I'/,;?--/--(,~< Sandra Murrero. 239-252-2399 Fax 239-252-2331 Official Contact Person and Telephone No. WId Fax No. , A~IES~.:S~RO'i~;. .,rk. _ ~~ . '. . I . . . . , ;::,\,- .' ,..,' -' .' J -'., -' q .j ,,,' ,,"-- ) - Approved as to form & legal sufficiency C~~ , Colleen Greene, Assistant County Attomey I. . ~'i. -- '''''''''I'.''O'~o {(~ v {*~I *,~ V.-;> O~~ &4"1 DE"''''.\: July 25, 2008, 2008 Ms. Marcy Krumbine, Director Collier Housing & Human Services 2800 North Horseshoe Drive, Suite 400 Naples, FL 34104 Dear Ms. Krumbine : SUBJECT: Transmittal of Grant Agreement Supportive Housing Program (SHP) Project Number:FL 148706001 Project Identifier Number:FL 14152 At the request of Collier County, we are hereby issuing a new grant agreement for grant FL 14B70-6oo1 that replaces the original grant agreement that was executed March 27, 2008 to the sponsor Shelter for Abused Women & Children ISAWCC) rather tha the arantee Collier County for renewal grant funding under the Supportive Housing Program. All conditions attached to your award for this project have been met. This lone (1) year) award will continue to support your program previously funded by HUD for grant _further contributing to our national effort to end homelessness. Upon execution of the Renewal Grant Agreement by you and HUD, HUD will obligate the total funds for this project in the amount of $113,000 allocated as follows: 1. Grant for operating $56,500 ~,500 2. Grant for supportive services 3. Grant for leasing $-0- ~ ~ 4. Grant for HMIS 5. Grant for administration Enclosed are three copies of the Renewal Grant Agreement that constitutes the agreement between you and HUD. Please sign all three and retum them to this office within two weeks of receipt of this letter. When they are received, HUD will execute them, and one will be retumed to you. Your new Voice Response Number for your renewal grant will be generated and sent to you under separate cover. The following were provided to you and processed at the time of your most recent grant award: Grantee Financial Instructions, Direct Deposit sign-Up Form (SF-1199A), LOCCS Voice Response Security Access Authorization Form (HUD-27054), and SNAP'S Request Voucher for Grant Payment (HUD-27053-A). If you need additional forms for any reason, please contact us. No funds can be disbursed to you until the Renewal Grant Agreement is fully executed. Be advised that the renewal will start at the end of the current active grant as stated in the agreement. If you have any questions, please contact (Ronald M. Muscarella, Senior Community Planninq and Development Representative at ( 305) 536-4431 Ex!. 5014. HUD looks forward to working with you toward the successful continuation of your Supportive Housing Program project. .- Enclosures 2007 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT . This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and CoUier County Board 01 County Commiulnnen, the Recipient, whose Tax ID nwnber is 59-6000!IS8for -project NumberFL14B706001/Project Identifier Number FL14152to be located at PO Box 10102 Naples Fl 34101 The assistance which is the subject of this Grant Agreement is authorized by the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act''). The term "grant" or "grant funds" means the assistance provided under this Agreement This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment A, and the Notice ofFwtding Availability (NOFA) that was published in two parts. lbefirst part was the General Section of the NOF A, which was published January 18, 2007 at 72 FR 2396, and the second part was the Continuum of Care Homeless Assistance Programs NOF A Section Qfthe NOFA, which was published March 13,2007 at 72 FR 11742. The term "Application" means the original and renewa1 application submissions on the basis of which a Grant was approved by HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions. The Application is incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amQunt specified below for the approved project described in the Application. Although this agmmlent will become effective only upon the execution hereof by both parties, upon execution, the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement or, if the original Grant Agreement was amended to extend its term, the term of this agreement shall run from the end of the extension of the original Grant Agreement term for a period of (enter grant term) . Eligible costs, as defined by the Act and Attachment A, incurred between the end of Recipient's final operating year under the original Grant Agreement, or extension thereot: " and the execution of this Renewal Grant Agreement may be paid with funds from the first . operating year of this Renewal Grant. ffiJD's total fund obligation for this project is $113,000 allocated as follows: 1. Grant for operating $58,500 $58,500 S:!!: 2. Grant for supportive services 3. Grant for leasing ~ 4. Grant for HMIS $-0- 5. Grant for administration $-0- The Recipient must provide a 25 percent cash match for supportive services. The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Homeless Management Information System (HMIS) when implemented. The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder be assigned without prior written approval ofHUD. For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low-Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty-year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms , of this paragraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the minimunl term in accordance with the requirements of Attachment A, noncompliance with the Act or Attachment A provisions, any other material breach ofthe Grant Agreement, or misrepresentations in the application submissions which, if known by HUD, would have resulted in this grant not being provided. Upon due notice to the - Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; or date (b) issue a letter ofwaming advising the Recipient of the default, establishing a notice by which corrective actions must be completed and putting the Recipient on repeated; or that more serious actions will be taken if the default is not corrected or is (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or (e) reduce or recapture the grant; or (I) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute recipient ofHUD's choosing; or (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. , For each operating year in which funding is received, the Recipient shall file annual certifications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be ~ served nor shift more than 10 percent of funds fi'om one approved type of eligible activity to another, or make any other significant change, without the prior written approval of HUD. SIGNATURES This Grant Agreement is hereby executed as follows: UNITEDSTATESOFAME~CA Secretary of Housing and Urban Development By: Signature and Date Maria R. Ortiz-Hill Typed name of signatory Director. CPD Division Title RECIPIENT Collier County Board of Countv Commissioners. Name of Organization By: (/ ~~~;?;p!~~ Autho~ Signature and Date V /l i l-.( ,?/ .;J qo),"> -;/8 1 ~.J {j;;j<<,'; I Y Title ft';?,q-~c,bC Sandra Murrero. 239-252-2399 Fax 239-252-2331 Official Contact Person and Telephone No. and Fax No. 1 ATTEST. ~.. .' >2rI ~'i"'.J<..". ". .. .~ ~ ~' E.i3'l"\':~I"". . ," ","1)' ..., ;" '. ., .' ,~. , "'; ..- ....,- s. -' ,._..-..:"'f". ~""':. I.~-\ ". r.} : ":...- ~, '. ' .4. ...'.: .. ',," '1 ., Approved as to form & legal sufficiency ~~~~~L Assistant County Attorney 'e -<) ,\,.' ,'~ , '\ ~ Application fQr Federal Assistance SF-424 Version 02 '1. Type of Submission: '2. Type of Application ' If Revision, select appropriate lelter(s) D Preapplication D New [81 Application [81 Continuation 'Other (Specify) D Changed/Corrected Application D Revision 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: '5b. Federal Award Identifier: FL 14B70-6002 State Use Only: 6. Date Received by State: I 7. State Application Identifier: 8. APPLICANT INFORMATION: 'a. Legal Name: Collier County Board of County Commissioners 'b. EmployerlTaxpayer Identification Number (EIN/TIN): 'c. Organizational DUNS: 59-6000558 076997790 d. Address: 'Street 1: 3301 Tamiami Trail East Street 2: 'City: Naoles County: Collier County 'State: Florida Province: 'Country: United States of America 'Zip / Postal Code FL 34112 e. Organizational Unit: Department Name: Division Name: Housing and Human Services Public Services f. Name and contact Information of person to be contacted on matters involving this application: Prefix: 'First Name: Shawn Middle Name: *Last Name: Tan Suffix: Title: Program Coordinator Or9anizational Affiliation: Collier County Housing and Human Services 'Telephone Number: 239-252-2376 Fax Number: 239-252-2331 *Email: shawntan@collier90v.net OMB Number: 4040-0004 Expiration Date: 01/31/2009 OMB Number: 4040-0004 Expiration Date: 01/31/2009 ApplicatlQn for Federal Assistance SF-424 Version 02 *9. Type of Applicant 1: Select Applicant Type: B.County Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: 'Other (Specify) '10 Name of Federal Agency: 11. Catalog of Federal Domestic Assistance Number: 14-235 CFDA Title: Supportive Housinc Procram-SHP *12 Funding Opportunity Number: FR-5100-N-14 *Title: Continuum of Care Homeless Assistance Procram- COC 13. Competition Identification Number: COC-14 Title: Continuum of Care Homeless Assistance Procram - COC 14. Areas Affected by Project (Cities, Counties, States, etc.): Collier County, Florida '15. Descriptive Title of Applicant's Project: HMIS Renewal OMS Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: 'a. Applicant: 14 'b. program/project: 14 17. Proposed Project: 'a. Start Date: September 1, 2008 'b. End Date: August 30, 2011 18. Estimated Funding ($): 'a. Federal 339,000 'b. Applicant . 'c. State 'd. Local 'e. Other 'f Program Income 'g. TOTAL 339,000 '19. Is Application Subject to Review By State Under Executive Order 12372 Process? 0 a. This application was made available to the State under the Executive Order 12372 Process for review on _ 0 b. Program is subject to E.O. 12372 but has not been selected by lhe State for review. ~ c. Program is not covered by E. O. 12372 '20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) 0 Yes ~ No 21. 'By signing this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resutting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ~ "I AGREE " The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: ~~ Prefix: Mr. *First Name: le'O' .c:-1,;-;.pA::"'.:5 Middle Name: 'Last Name: C3eI'ts /Vu. ";J/J Suffix: ~~ 'Title: OP"or ounty Manager 'Telephone Number: 239-252-8383 I Fax Number: -'~Ko""'U?1/ 'Email: leQedls@colliergov.net 'Signature of Authorized Representativ~ ~.-l/n---c:/ I 'Date Signed: 8b' /I:;.c, ~ '~ . ( Authorized for Local Reproduction '. Standard Form 424 (Revised 10/2005) Prescribed by OMS Circular A-I 02 ATTEST: " j';; .. DW~~~ ~ DeputyClerk . . " ..,"'ENro~+.U.S. Department of Housing and Urban Development ",f 'III 0",- Miami Field Office, SoutheasUCaribbean Region !;l * I * % Brickell Plaza Federal Building 'i. III ~ 909 SE First Avenue, Rm. 500 0" l' Miami, FL 33131-304 1. 0 ',If"'OE"J'i.'J July 25, 2008 Ms.Marcy Krumbine, Director Collier Housing & Human Services 2800 North Horseshoe Drive, Suite 400 Naples, FL 34104 Dear Ms. Krumbine : SUBJECT: Transmittal of Grant Agreement Supportive Housing Program (SHP) Project Number:FL 148706002 Project Identifier Number:FL 14121 At the request of Collier County, we are hereby issuing a new grant agreement for grant FL 14B706oo2 that replaces the original grant agreement that was executed March 13, 2008 to the sponsor Collier County Hunger and Homeless Coalition Inc. rather than the grantee Collier County, for the Dedicated HMIS Renewal Proiect for renewal grant funding under the Supportive Housing Program. All conditions attached to your award for this project have been met. This lone (1) year) award will continue to support your program previously funded by HUD for grant FL 14850-6003 further contributing to our national effort to end homelessness. Upon execution of the Renewal Grant Agreement by you and HUD, HUD will obligate the total funds for this project in the amount of $104,645 allocated as follows: 1. Grant for operating $-0- $-0- $.0, 2. Grant for supportive services 3. Grant for leasing 4. Grant for HMIS 5. Grant for administration $99,662 $4,983 Enclosed are three copies of the Renewal Grant Agreement that constitutes the agreement between you and HUD. Please sign all three and retum them to this office within two weeks of receipt of this letter. When they are received, HUD will execute them, and one will be returned to you. Your new Voice Response Number for your renewal grant will be generated and sent to you under separate cover. The following were provided to you and processed at the time of your most recent grant award: Grantee Financial Instructions, Direct Deposit sign-Up Form (SF-1199A), LOCCS Voice Response Security Access Authorization Form (HUD-27054), and SNAP'S Request Voucher for Grant Payment (HUD-27053-A). If you need additional forms for any reason, please contact us. No funds can be disbursed to you until the Renewal Grant Agreement is fully executed. Be advised that the renewal will start at the end of the current active grant as stated in the agreement. If you have any questions, please contact (Ronald M. Muscarella, Senior Community Planning and Development Representative at ( 305) 536-4431 Ext. 5014. HUD looks forward to working with you toward the successful continuation of your Supportive Housing Program project. / ana R. Ortiz-Hill, Director 0/ Community Planning and Development Division 2007 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Grant Agreement is made by and between the United States Department of Housing and Urban Development (BUD) and Collier County Board of County Commissioners, the Recipicnt, whose Tax ID number is 59-6000558for Project NumberFL14B706002/Project Identifier Number FL14121to be located at 279 Airoort Road. Naoles FL34104 The assistance which is the subject of this Grant Agreement is authorized by the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act"). The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, which is aUached hereto and made a part hereof as Attachment A, and the Notice of Funding Availability (NOFA) that was published in two parts. The first part wa, the General Section of the NOFA, which was published January 18,2007 at 72 FR 2396, and the second part was the Continuum of Care Homeless Assistance Programs NOF A Section ofthe NOFA, which was published March 13, 2007 at 72 FR 11742. The term "Application" means the original and renewal application submissions on the ba,is of which a Grant was approved by H1.JD, including the certifications and assurances and any information or documentation required to meet any grant award conditions. The Application is incorporatcd hercin as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control. The Secretary agrees, subject to the terms ofthe Grant Agreement, to provide the grant funds in the amount specified below for the approved project described in thc Application. Although this agreement will become effective only upon the execution hereof by both parties, upon execution, the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement or, if the original Grant Agrccment was amended to extend its term, the term of this agreement shall run from the end of the extension of the Oliginal Grant Agreement term for a period of (enter grant term) . Eligible costs, as defined by the Act and Attachment A, incurred bctween the end of Recipient's final operating year undcr the original Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. HUD's total fimd obligation for this project is $104.645, alloeated as follows: 1. Grant for operating $.0. 2. Grant for supportive services $-0- 3. Grant for leasing $.0- 4. Grantfor HMIS $99,662 5. Grant for administration $4,983 The Recipient must provide a 25 percent cash match for supportive services. The Recipicnt agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Rccipient agrees to participate in a local Homeless Management Information System (HMIS) when implemented. The Recipient and project sponsor, if any, wilt not knowingly at!ow iltegat activities in any unit assisted with grant funds. HUD notifications to the Recipient shat! be to the address of the Rccipient as written above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Ficld Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient heretmder be assigned without prior written approval ofHUD. For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, thc foltowing applies: HUD recognizes that the Recipient or the project sponsor will or has financcd this project through the use ofthe Low-Income Housing Tax Credit. Thc Recipient or project sponsor shalt be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, thc Recipient or project sponsor shalt continue as general pminer and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicabte regutations and statutes. Further, the said limited partnership shalt own the project site throughout that twenty-year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shalt not be twcnty years, but shalt be for the term of the grant agreement and any rcnewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. A default shalt consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the minimum term in accordance with the requirements of Attachment A, noncompliance with the Act or Attachment A provisions, any other matcrial breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUn, would have resulted in this grant not being provided. Upon due notice to the Recipient of the OCCU1Tence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: . (a) direct the Recipient to submit progress schedules for completing approved activities; or date (b) issue a letter ofwaming advising the Recipient ofthe detimlt, establishing a notice by which corrective actions must be completed and putting the Recipient on that more serious actions will be taken ifthe default is not corrected or is repeated; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or (e) reduce or recapture the grant; or (t) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute recipient ofHUD's choosing; or 01) other appropriate action including, but not limited to, any rcmedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. For each operating year in which funding is received, the Recipient shall file annual certifications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically. the Recipient shall not change recipients, location, services, or population to be served nor shift more than 10 percent of funds from one approved type of eligible activity to another, or make any other significant change, without the prior written approval ofHUD. SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development By; Signature and Date Maria R. Ortiz-Hill Typed name of signatory Director. CPD Division Title RECIPIENT Collier Countv Board of County Commissioners. Name of Organization By: ,/2.---l/?/~_?/ '6~'.>'-;/f-) Auth6i'iZed Signature and Date ' ;::::J;ir .l<!,j Typed name of signatory /{ ~-I C.c.lt;.{ --,;,.. . Title V ,A'I<{v/~ /l/j.>.?-,I~;, (,e>C Sandra Murrero. 239-252-2399 Fax 239-252-2331 Official Contact Person and Telephone No. and Fax No. _ ;,1(' ....... ., y .. ~> < {','tn,. . Approved as to form & legal sufficiency C fJ1~ f1^-~ Q- Colleen Greene, Assistant County Attomey """ENTO~,,,u.S. Department of Housing and Urban Development ".:!." IIIIIII 0<;;, Miami Field Office, Southeast/Caribbean Region ~ * * % Brickeil Plaza Federal Building ~ II 1> 909 SE First Avenue, Rm. 500 "".,.'" Miami, FL 33131-304 ~s o~~ ~N DE\loe\,) July 25, 2008 Ms.Marcy Krumbine, Director Collier Housing & Human Services 2800 North Horseshoe Drive, Suite 400 Naples, FL 34104 Dear Ms. Krumbine : SUBJECT: Transmittal of Grant Agreement Supportive Housing Program (SHP) Project Number:FL 148706002 Project Identifier Number:FL 14121 At the request of Collier County, we are hereby issuing a new grant agreement for grant FL 14B706002 that replaces the original grant agreement that was executed March 13, 2008 to the sponsor Collier County Hunger and Homeless Coalition Inc. rather than the grantee Collier County, for the Dedicated HMIS Renewal Proiect for renewal grant funding under the Supportive Housing Program. All conditions attached to your award for this project have been met. This (one (1) year) award will continue to support your program previously funded by HUD for grant FL 14B5O-6003 further contributing to our national effort to end homelessness. Upon execution of the Renewal Grant Agreement by you and HUD, HUD will obligate the total funds for this project in the amount of $1 04,645 allocated as follows: 1. Grant for operating $-0- 2. Grant for supportive services $-0, 3. Grant for leasing $-0- 4. Grant for HMIS $99,662 5. Grant for administration $4,983 Enclosed are three copies of the Renewal Grant Agreement that constitutes the agreement between you and HUD. Please sign all three and return them to this office within two weeks of receipt of this letter. When they are received, HUD will execute them, and one will be returned to you. Your new Voice Response Number for your renewal grant will be generated and sent to you under separate cover. The following were provided to you and processed at the time of your most recent grant award: Grantee Financial Instructions, Direct Deposit sign-Up Form (SF-1199A), LOCCS Voice Response Security Access Authorization Form (HUD-27054), and SNAP'S Request Voucher for Grant Payment (HUD-27053-A). If you need additional forms for any reason, please contact us. No funds can be disbursed to you until the Renewal Grant Agreement is fully executed. Be advised that the renewal will start at the end of the current active grant as stated in the agreement. If you have any questions, please contact (Ronald M. Muscarella, Senior Community Planning and Development Representative at (305) 536-4431 Ext. 5014. HUD looks forward to working with you toward the successful continuation of your Supportive Housing Program project. ana R. Ortiz-Hill, Director / Community Planning and Development Division 2007 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and Collier County Board of County Commissioners, the Recipient, whose Tax ID number is 59-6000558for Project NumberFL14B706002/Project Identifier Number FL14121to be located at 279 Airoort Road. Naoles FL34104 The assistance which is the subject of this Grant Agreement is authorized by the McKinney-Vento Homeless Assistance Act 42 U.S.c. 11381 (hereafter "the Act"). The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by thc Act, the Supportive Housing rule codified at 24 CFR 583, which is allached hereto and made a part hereof as Attachment A, and the Notice ofFunding Availability (NOFA) that was published in two parts. The first part wa~ the General Section of the NOFA, which was published Janua.ry 18,2007 at 72 FR 2396, and the second part was the Continuum of Care Homeless Assistance Programs NOF A Section of the NOFA, which was published March 13,2007 at 72 FR 11742. The term "Application" means the original and renewal application submissions on the basis of which a Grant was approved by HUD, including the certifications and assmances and any information or documentation required to meet any grant award conditions. The Application is incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control. 1be Secretary agrees, subject to the terms ofthc Grant Agreement, to provide the grant funds in the amount specified below for the approved project described in the Application. Although this agreement will become effective only upon the execution hereof by both parties, upon execution, the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement or, if the original Grant Agreement was amended to extend its term, the term of this agreement shall run from the end of the extension of the original Grant Agreement term for a period of (enter grant term) . Eligible costs, as defined by the Act and Attachment A, incurred between the end of Recipient's final operating year under the original Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. HUD's total fimd obligation for this project is $104.645, allocated as follows: 1 Grant for operating $-0- 2 Grant for supportive services $-0- 3. Grant for leasing $-0- 5. Grant for administration $99,662 $4,983 4. Grant for HMIS The Recipient must provide a 25 percent cash match for suppOltive services. The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant nmds available. The Recipient agrees to participate in a local Homeless Management lnfonnation System (HMIS) when implemented. The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder be assigned without prior written approval ofHUD. For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use ofthe Low-Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as general paltner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty-year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof Failure to comply with the tenus ofthis paragraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the minimum term in accordance with the requirements of Attachment A, noncompliance with the Act or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUn, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; or date (b) issue a letter of warning advising the Recipient of the defimlt, establishing a notice by which corrective actions must be completed and putting the Recipient on that more serious actions will be taken if the default is not corrected or is repeated; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or (e) reduce or recapture the grant; or (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute recipient ofHUD's choosing; or (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. For each operating year in which funding is received, the Recipient shall file annual certifications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than 10 percent of funds from one approved type of eligible activity to another, or make any other significant change, without the prior written approval of HUD. SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development By: Signature and Date Maria R. Ortiz-Hill Typed name of signatory Director. CPD Division Title RECIPIENT Collier COlUltv Board of County Conunissioners. Name of Organization BY:,O, .J'/~.-~/ ~~-o-1)"/J AutJiorized Signature and Date . -:::r;-?,.~/C'~~ V. /l"/'-l<-':,)J Typed name of signatory CC>(,l.'I-~(Y Title P;J./?/I/;?{;I!"C. Sandra Murrero. 239-252-2399 Fax 239-252-2331 Official Contact Person and Telephone No. and Fax No, ',... ,,~ r r ( ..~ ", A .... f_ ATTi'ST: ...' )', DWfC' T E.Sr~6c;rl' LERi< \~~C Dep~cte~ .,. .. ,'.~ - '11 Approved as to form & legal sufficiency (~M.~ - Colleen Greene, Assistant County Attorney Application for Federal Assistance SF-424 Version 02 '1. Type of Submission: '2. Type of Application ' If Revision, select appropriate letler(s) 0 Preapplication 0 New 0 Application 0 Continuation 'Other (Specify) 0 Changed/Corrected Application o Revision 3. Date Received: 4. Appiicant Identifier: Sa. Federal Entity Identifier: '5b. Federal Award Identifier: FL 14870-6001 State Use Only: 6. Date Received by State: I 7. State Application Identifier: 8. APPLICANT INFORMATION: 'a. Legal Name: Collier County Board of County Commissioners 'b. EmployerfTaxpayer Identification Number (EINfTlN): 'c. Organizational DUNS: 59-6000558 076997790 d. Address: 'Street 1: 3301 Tamiami Trail East Street 2: 'City: Naoles County: Collier County 'State: Florida Province: 'Country: United States of America 'Zip / Postal Code FL 34112 e. Organizational Unit: Department Name: Division Name: Housing and Human Services Public Services f. Name and contact infonnation of person to be contacted on matters involving this application: Prefix: *First Name: Shawn Middle Name: *Last Name: Tan Suffix: Title: Program Coordinator Organizational Affiliation: Collier County Housing and Human Services 'Telephone Number: 239-252-2376 Fax Number: 239-252-2331 *Email: shawntan@colliergov.net OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application fQf Federal Assistance SF-424 Version 02 '9. Type of Applicant 1: Select Applicant Type: B.County Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: 'Other (Specify) '10 Name of Federal Agency: 11. Catalog of Federal Domestic Assistance Number: 14-235 CFDA Title: SuoDortive Housina Proaram-SHP '12 Funding Opportunity Number: FR-5100-N-14 'Title: Continuum of Care Homeless Assistance Proaram- COC 13. Competition Identification Number: COC-14 Title: Continuum of Care Homeless Assistance Proaram - COC 14. Areas Affected by Project (Cities, Counties, States, etc.): Collier County, Florida '15. Descriptive Title of Applicant's Project: Transitional Housing Renewal OMS Number: 4040-0004 Expiration Date; 01/31/2009 OMS Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: 'a. Applicant: 14 'b. Program/Project: 14 17. Proposed Project: 'a. Start Date: September 1, 2008 'b. End Date: August 30, 2009 18. Estimated Funding ($): 'a. Federal 104,645 'b. Applicant 'c. State 24,916 'd. Local 'e. Other 'f. Program Income 'g. TOTAL 129,561 '19. Is Application Subject to Review By State Under Executive Order 12372 Process? D a. This application was made available to the State under the Executive Order 12372 Process for review on _ D b. Program is subject to E.O. 12372 but has not been selected by the State for review. 0 c. Program is not covered by E. O. 12372 '20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) D Yes o No 21. 'By si9ning this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) o "I AGREE " The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: Mr. 'First Name:..-.ee --=.---T;ijz ?~.s Middle Name: 'Last Name: QcAe. ft'll t '/~) Suffix: ///'7/ *Title: n"" '+y County Manager 'Telephone Number: 239-252-8383 I Fax Number: c 4r'A-'}'C.O.::!.~H.J,.::...I 'Email: Iaoed<s@colliergov.net 'Signature of Authorized Representati.y(' L -7/)~/ ./~ I 'Date Signed: 0h,,>--;Lf.> " f Authonzed for Local Reproduction Standard Form 424 (ReVIsed 10;2005) Prescribed by OMS Circular A-102 ~ ...,.. : "--~..~--,~---_.=~~~ . .,,,'Nro,.+U.S. Department of Housing and Urban Development (",;.J-~ II~II o~ Miami Field Office, Southeast/Caribbean Region ';! * ~ * ~ Brickell Plaza Federal Building "I ~ 909 SE First Avenue, Rm. 500 o"',t'" Miami, FL 33131-3042 ~&..~ DE....~\-O GRANT AGREEMENT AMENDMENT This Grant Agreement Amendment is made this 07/28/08 day and between the United States Department of Housing and Urban Development (HUD) and the Collier County Board of Countv Commissioners the Recipient. RECITALS 1, HUD and Recipient entered into the Grant Agreement dated 07/25/06 for project number FL 14850.600210# FL 14066 located at 2001 Airport RQad South Naples, FL 34112. 2. Under the terms of the original renewal Grant Agreement, Recipient received a grantfrom HUD in the amount of$ 291,610 be used to carry out the project described in the Grant Agreement over a (wQ (2) year period. The term of that Grant Agreement was to end 09/30/08. 3 . Recipient desires to make a change in the project consisting of a one year extension to 09/30/09. Saint Matthew's HQuse, the sponsor, has made a commitment to the Recipient and HUD to use their own funds to keep the prQoram aoino shQuid the award funds herebv mentioned run out before the explratlQn date. 4. HUD has reviewed the initial application and the proposed change and has determined that, with the change, the application ranking would have been high enough to have been competitively selected in the year the application was initially selected. 5. The need for assistance for homeless persons continues within the jurisdiction within which the project is located and the need for the project continues. 6. HUD has reviewed the project and the performance of the Recipient and has determined ihat the project is worthy of continuation. 7. HUD and the Recipient have agreed to amend the Grant Agreement to [as stated in paragraph 3 of this amendment1 AGREEMENTS 1 . The Grant Agreement is hereby changed to reflect a one year extension tQ 09/30/09. Saint Matthew's HQuse, the SPQnsor. has made a commitment to the Recipient and HUD to use their own funds to keep the program Clolng should the awards fund run out before the expiration date. 2, The effective date of thislthese changes Is made this 07/28/08 3 All other provisions of the Grant Agreement remain un-amended. This agreement is hereby executed on behalf of the parties as follows: THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OF THE UNITED STATES OF AMERICA, by the Secretary of Housing and Urban Development By: Date: Director, Community Planning and Development Division Maria R. Ortiz-Hill Name of Signatory RECIPIENT The Collier Countv Board of Countv Commissioners ~ Name of Organization J By: l - ;J/~-// Signature of Authorized Official Date ~'/C<> -J /hc{>l,,;/ Name of Signatory [0:-,)0 tJ /7. __I ,-_L~L(./ 1- /' ' Title /~y>VR(6-C Sandra Marrero, 239-252-2399 Fax 239-252-2331 Official Contact Person and Telephone No. an Approved as to form & legal sufficiency C~~ Q- Colleen Greene, Assistant County AIIarney >~-rl ;~f I, ~ r::." j'. ',I "'~, '/'J ( ~.. 1'\\ ~,,"N'O.~U.S. Department of Housing and Urban Development ,,<$~ ~II 0,- Miami Field Office, Southeast/Caribbean Region ~ * * % Brickell Plaza Federal Building " ~ 909 SE First Avenue. Rm. 500 0",1'" Miami, FL. 33131-3042 '9'b~f'I OE\,'C\9 GRANT AGREEMENT AMENDMENT This Grant Agreement Amendment is made this 07/28/08 day and between the United States Department of Housing and Urban Development (HUD) and the Collier Countv Board of Countv Commissioners the Recipient. RECITALS .; , 1. HUD and Recipient entered into the Grant Agreement dated 07/25106 for project number FL 14B50-600210# FL 14066 located at 2001 AlrDort Road South NaDles, FL 34112. 2. Under the terms of the original renewal Grant Agreement, Recipient received a grantfrom HUD in the amount of $ 291,610 be used to carry out the project described in the Grant Agreement over a two (2) vear period. The term of that Grant Agreement was to end 09/30/08. 3 . ReCipient desires to make a change in the project consisting of a one vear extension to 09/30/09. Saint Matthew's HQuse, the SDonsor, has made a commitment to the ReciD!ent and HUe to use their own funds to keeD the Droaram aoina should the award funds herebv mentioned run out before the eXDlratlon date. 4. HUD has reviewed the initial application and the proposed change and has determined that, with the change, the application ranking would have been high enough to have been competitively selected in the year the application was initially selected. 5. The need for assistance for homeless persons continues within the jurisdiction within which the project is located and the need for the project continues. 6. HUD has reviewed the project and the performance of the Recipient and has determined that the project is worthy of continuation. 7. HUD and the Recipient have agreed to amend the Grant Agreement to [as stated in paragraph 3 of this amendment] AGREEMENTS 1 . The Grant Agreement is hereby changed to reflect a one year extension to 09130109. Saint Matthew's HQuse, the sponsor. has made a cQmmitment to the Recipient and HUD to use their own funds to keep the proqram aQlna should the awards fund run Qut before the expiration date. 2. The effective date of this/these changes is made this 07/28/08 3 All other provisions of the Grant Agreement remain un-amended. This agreement is hereby executed on behalf of the parties as follows: THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OF THE UNITED STATES OF AMERICA, by the Secretary of Housing and Urban Development By: Date: Director, Community Planning and Development Division Maria R. Ortiz-Hill Name of Signatory RECIPIENT By: Signature of Authorized Official ";::Mp)c~ V Name of Signatory (-~Jtl.'''''';~-'Y Title ,if-bit/V .A'i_A/d G'c;<:' Sandra Marrero, 239-252-2399 Fax 239-252-2331 Official Contact Person and Telephone No. an . . . . . . . . '>.TY i ,', ,~' -,:'," " , . >'c-. .0 - Approved as to form & legal sufficiency C~f!:!- Assistant County Attorney . _, . . ,J ATTEST' '..... .. .. - D~~~~~ ~ .'... ..,,' ,- . "., ~'~ I .,~'NTO"U.S. Department of Housing and Urban Development J::Jr.!}~ '*11 o~ Miami Field Office, Southeast/Caribbean Region !;I * * ~ Brickell Plaza Federal Building " ~ 909 SE First Avenue, Rm. 500 o",,t Miami, FL. 33131-3042 :.;.&~..... DE~'CI,..O GRANT AGREEMENT AMENDMENT This Grant Agreement Amendmen{ is made this 07/28/08 day and between the United States Department of Housing and Urban Development (HUD) and the Collier Countv Board of Countv Commissioners the Recipient. RECITALS 1. HUD and Recipient entered into the Grant Agreement dated 07/25/06 for project number FL 14B50-600210# FL 14066 located at 2001 AirpQrt RQad South Naples, FL 34112. 2. Under the terms of the original renewal Grant Agreement, Recipient received a grant from HUD in the amount of $ 291,610 be used to carry out the project described in the Grant Agreement over a twQ (2) Year period. The term of that Grant Agreement was tQ end 09/30/08. 3 . Recipient desires to make a change in the project consisting of a one year extension tQ 09/30/09. Saint Matthew's House. the sponsor, has made a commitment to the Recipient and HUD to use their own funds to keep the prOf/ram lloina should the award funds hereby mentioned run out befQre the expiration date. 4. HUO has reviewed the initial application and the proposed change and has determined that, with the change, the application ranking would have been high enough to have been competitively selected in the year the application was initially selected. 5. The need for assistance for homeless persons continues within the jurisdiction within which the project is located and the need for the project continues. 6. HUO has reviewed the project and the performance of the Recipient and has determined that the project is worthy of continuation. 7. HUD and the Recipient have agreed to amend the Grant Agreement to [as stated in paragraph 3 of this amendment] AGREEMENTS 1 . The Grant Agreement is hereby changed to reflect a one vear extension to 09/30/09. Saint Matthew's HQuse, the SDQnSor. has made a commitment to the ReciDient and HUD to use their Qwn funds to keeD the DrOQram Qolna should the awards fund run out before the eXDlration date. 2. The effective date of this/these changes is made this 07/28/08 3 All other provisions of the Grant Agreement remain un-amended. This agreement is hereby executed on behalf of the parties as follows: THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OF THE UNITED STATES OF AMERICA, by the Secretary of Housing and Urban Development By: Date: Director, Community Planning and Development Division Maria R. Ortiz-Hill Name of Signatory RECIPIENT The Collier County Board of County Commissioners Name of Organization By:0~ ;;// Z7--/-7 Signature of Authorized 11'2. /. -/ / _ Official Date <,,/;2-; /0 h ....:-7;?1 /'9e::'5 V /''.1 <( '-'':;J Name of Signatory (~),t,.. T;/ /'/h/r/K c:e; [ Title Sandra Marrero. 239-252-2399 Fax 239-252-2331 Official Conlact Person and Telephone No. an .' :.'; . ~,'" I,?,,,:, .~; . ,-.J'.... '.i: Approved as to form & legal sufficiency C~~ . Colleen Greene, Assistant County Attorney '.... '~",'-' , . ,'Yl ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the docwnent is already complete with the excention of the Chairman's shmature, draw a line thrall!!:1 routinlllines #1 through #4, complete the checklist, and forward to Sue Filson Oine#5). Route to Addressee(s) Office Initials Date (List in routinl:!: order) 1. 2. . ---'-"" 3. 'N_" - 4. Olli.vd ' I " ,-,\n "', 2)) 1io~ n'\} Ct ..,. 0-\ --+ ,"!') i1 iAc_ _V"C' '....' ".: I ~- 5. 81:16 Fil~E'g, EXIlC'lti"ll Maa~r JJuaJ.d of COUllry'ComnusslOners- 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is nee.ded in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the Bee office only after the Bec has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Agenda Item Number Yes (Initial N/A (Not A licabIe) Phone Number (7 ':'( i()',; -c:, (""J. 0 J '.. 6 Gvont f'Qy(',ol"r' ".\ Number of Original Documents Attached rL o.c C~ (.tk -t> - .-~..- 1..-., ".tr. 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a fO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approvaL Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BeC on <7 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. . I: Formsl County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. . STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT CHARLIE CRIST Governor W. CRAIG FUGATE Director August 1,2008 Mr. Emilio Rodriguez, Fire Chief Isles of Capri Fire/Rescue 175 Capri Boulevard Naples, FL 34113 Re: Hazard Mitigation Grant Program (HMGP) DR-1609-68-R (State Project Number 1609-53) Isles of Capri, Collier County, Isles of Capri Fire Station Hellpad, Seawall Dear Mr. Rodriguez: The Division of Emergency Management (DEM) is pleased to inform you that the Federal Emergency Management Agency has approved the obligation of Hazard Mitigation Grant Program funds for the project number( s) listed above. Please note that this is an eligible cost-reimbursement contract, and as such, the recipient must make other funding arrangements to complete this project. However, the recipient may submit periodic requests for payment throughout the project process, consistent with the terms of the contract. Enclosed are four copies of the proposed contract between Isles of Capri Fire/Rescue and DEM. The official representative, as listed below, will need to sign both the signature page (Page 13) the Certification Regarding Debannent, Suspension, Ineligibility and Voluntary Exclusion form (Page 30). All four (4) copies of the contract should then be sent to the Tallahassee address listed below for full execution no later than ninety (90) days after receipt of this letter for final execution. One fully executed contract will be returned to Isles of Capri Fire/Rescue for its files. Official Representatives: County: City: Indian Tribe: Water Management District: Non-Profit: Chairman of the Board of Commissioners Mayor Chief or President Chairman Chairman ofthe Board FLORIDA RECOVERY OFFICE 36 Skyline Drive Lake Mary, FL 32146-6201 . DIVISION HEADQUARTERS. 2SB Shumard Oai:; Boulevard Tallahassee, FL 32399-2100 Tel: 850-413-9969. Fax: 850-488-IOJ6 www FloridaDisa5ler orl! STATE LOGISTICS RESPONSE CENTER 2702 DirecloTll Row Orlando. FL 32809-56]1 Mr. Emilio Rodriguez August 1,2008 Page 2 If there is an official that is not listed above who is authorized to sign the contracts for your organization, please provide a copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign. Additional assistance is available regarding your approved HMGP project on the Florida Division of Emergency Management Website: htto:/Iwww.tloridadisaster.orl!!brmlhmlro.htm Please reference the heading: Grant Management Tools Listed Below which contains sample documents that will provide guidance for completing requests for reimbursement, requests for advance payment, reporting requirements and supporting documents containing important points, and subgrantee close-out checklists. If you have questions regarding this contract or who is authorized to sign it, please call Shaurita Jackson at (850) 922-5332. Respectfully, ~.~ W. Craig Fugate, Director Division of Emergency Management WCF:sj/r Enclosures Contract Number: 09HM-6G-09-21-01-019 CFDA Number: 97,039 FEDERALLY FUNDED SUBGRANT AGREEMENT 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 "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: (1) SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS RULES. REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment B. (3) PERIOD OF AGREEMENT This Agreement shall begin on June 6, 2008 and shall end December 31, 2009, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT 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. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education. Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-87, "Cost Principles for State and local Governments," OMB Circular No. A-21 , "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records to show its compliance with the terms of this 1 Agreement. and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division. The five year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title, (c) The Recipient shall maintain all records for the 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. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time. on Monday through Friday. "Agents" shall include, but not be limited to. auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Division. The determination 2 of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circuiar A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscai year and chooses to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non- Federai funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as revised, by or on beha~ of the Recipient to: The Division at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Fiorida 32399-2100 [also send an electronic copy to aurilla.oarrishtli!dca.stateJl.usl and Division of Emergency Management Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (submit the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Division at the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Fiorida 32399-2100 [also send an electronic copy to aurilla,oarrishtli!dca.state,f1.usl 3 and Division of Emergency Management Bureau of Recovery and Mitigation 2555 Shumard Oak Bouievard Tallahassee, Florida 32399-2100 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non-compliance. OJ The Recipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA 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 Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and 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 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 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division. 4 (I) The Recipient shall provide additional reports and information identified in Attachment F. (8) MONITORING The 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. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on-site visits by Division staft, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division or the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division or the Department to the Recipient regarding such audit. The 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 Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and 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, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., 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, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any 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. (10) 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, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11). 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: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or 5 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 obiigations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has faiied to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone or more of the following remedies, either concurrently or consecutively; (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (13) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the 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 inciude but not be limited to; 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (I) Exercise any other rights or remedies which may be available under law. (g) 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 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 Recipient.t 6 (12) TERMINATION (a) The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., 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 Recipient with thirty calendar days 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 Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address below, and this notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Ms. Kathleen Marshall, Planning Manager Bureau of Recovery and Mitigation Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: (850) 922-5944 Fax: (850) 922-1259 Email: kathleen.marshall@em.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. Emilio Rodriguez, Fire Chief Collier County 175 Capri Boulevard Naples, Florida 34113 Telephone: (239) 394-8770 Fax: (239) 394-5862 Email: rodrodriguez@colliergov.net (d) In the event that different representatives or addresses are designated by either party after 7 execution of this Agreement, notice of the name, title and address of the new representative will be provided as outlined in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the fully executed subcontract must be forwarded to the Division within ten days of execution for review and approval. The 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 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. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) 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: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Statement of Assurances Attachment D - Request for Reimbursement Attachment E - Justification of Advance Attachment F - Quarterly Report Form Attachment G - Warranties and Representations Attachment H - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $44,650.00 subject to the availability of funds. All requests for reimbursement of administrative costs must be accompanied by the back-up documentation evidencing all such administrative costs. (b) Any advance payment under this Agreement is subject to Section 216.181 (16), Fla.Stat.. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. 8 The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-8?, A-110, A-122 and the Cash Management Improvement Act of 1990. 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. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. 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 (19)(h) of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (18) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, 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. (19) 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 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 is incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the 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 9 shall survive the term of this Agreement. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et se<:l.), 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. (I) 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. (g) Any 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: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. 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; 3. 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 19(9)2. of this certification; and 4. 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. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the 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 Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (h) The State of Fiorida'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 Chapter 216, Fla. Stat. or the Florida Constitution. 10 (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Ul Any bills for travel expenses shall be submitted in accordance with Section 112,061, Fla. Stat. (k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. (I) If the 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. (m) 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 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. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, availabie to the public in accordance with Chapter 119, Fla. Stat. (0) All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (20) LOBBYING PROHIBITION (a) 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. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. 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 empioyee of Congress, or an employee of a Member of Congress in connection with this Federal contract, 11 grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." 3. The 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. 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. (21) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the 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 Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disciose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION The 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 Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (23) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment C. 12 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient: COLLIER COUNTY BO~~UNTY ,~O/M~IS~I~NERS, , By:'~2t'. ~Z._~/~ Ja s V. Mudd, County Manager f Tom Henning, Chairman Date: Auaust 26th. 2008 FEI D# 59-60000558 ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk Approved as to Form and Legal Sufficiency _r~/YI~ Assistant County Attorney 411IIII STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS By: Name and Title: W. Craia Fuaate, Director Division of Emeraencv Manaaement Date: EXHIBIT - 1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program: Federal Emergency Management Agency, Hazard Mitigation Grant Catalog of Federal Domestic Assistance Number: 97.039 Amount of Federal Funding: $44,650.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: NOTE: If the resources awarded to the Recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. Recipient is to use funding to perform the following eligible activities; include mitigation projects that will result in protection of public or private property from natural hazards. Eligible projects include, but are not limited to: . Acquisition of hazard prone properties . Retrofitting of existing buildings and facilities . Elevation of flood prone structures . Infrastructure protection measures . Storm water management improvements . Minor structural flood control projects . Relocation of structures from hazard prone areas . Retrofitting of existing buildings and facilities for shelters . Vegetative management/soil stabilization . Mitigation Planning Project . Other projects that reduce future disaster losses 2. 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. NOTE: Instead of tisting the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the Recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: Section AOO(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Recipient. 14 Attachment A Budget and Scope of Work Scooe of Work As a Hazard Mitigation Grant Program project, the Recipient, Collier County, will provide wind protection for the Isies of Capri Fire/Rescue Station Helipad, located at 175 Capri Boulevard, Naples, Florida 34113, by installing a concrete seawall along the length of the property between the building and the water line. The seawall dimension; 12 feet high with 4 feet above the grade and 8 feet below grade 6 inches thick. All installations will be done in strict compliance with the Florida Building Codes and Specifications. All materials will be certified to meet the wind and impact standards of the current local codes. The local municipal or county building department will inspect and certify installation according to the manufacture's specification, and ensure that the above referenced standards have been met. This is FEMA project 1609-68-R, funded under 1609-DR-FL. The Period of Performance for this project ends on December 31, 2009. Schedule of Work State Contracting Process: Trenching for Wall: Placement of Wall Sections: Tie In for Side Retentions: Backfilling and Grading: Bid and Permit Process: Inspection and Closeout: State Final Inspection: State Closeout: Total Period of Performance: 6 Months 14 Days 1 Month 1 0 Days 8 Days 6 Days Month 15 Days 10 Days 3 Months 3 Months 16 Months 3 Days Budaet Line Item Budaet" Material and labor: Sub-total: Administrative Cost: Total: Project Cost Federal Share local Share $58,750.00 $44.063.00 $14.687.00 $58,750.00 $44,063.00 $14,687.00 $ 0.00 $ 587.00 $ 0.00 $58,750.00 $44,650.00 $14,687.00 "Any line item amount in this Budget may be increased or decreased 10% or less without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. Fundina Summary Federal Share: local Share: Total Project Cost: $44,063.00 (75%) $14,687.00 (25%) $58,750.00 (100%) Recipient Administrative Allowance up to $587.00. 15 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 Long-term Recovery Guidance; and (5) All applicable laws and regulations delineated in Attachment C of this Agreement In addition to the above statues and regulations, the Recipient must comply with the following: The 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 the 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. Recipient shall not deviate from the approved project and the terms and conditions of this Agreement. Recipient shall comply with any and all applicabie 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 Recipient and any land use permitted by or engaged in by the 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 Recipient shall be responsible for ensuring that any development permft 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. 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. 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 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; 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 designated open 16 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 44CFR 206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. You are reminded that no construction may occur in this phase, that a full environmental review must be completed prior to funding Phase II. As a reminder, the 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 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 60 days prior to the project expiration date. STATEMENT OF ASSURANCES The Recipient assures that it will comply with the following statues and regulations, to the extent applicable: 1) 53 Federal Register 8034 2) Federal Acquisition Regulations 31.2 and 031.2 3) Section 1352, Title 31, US Code 4) OMB CircularsA-21, A-87, A-110, A-122 5) Chapter 473, Florida Statutes 6) Chapter 215, Florida Statutes 7) Section 768.28, Florida Statutes 8) Chapter 119, Florida Statutes 9) Section 216.181(6), Florida Statutes 10) Cash Management Improvement Act Of 1990 11) American with Disabilities Act 12) Section 112.061, Florida Statutes 13) Immigration and Nationality Act 14) Section 286.011, Florida Statutes 15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, 17 Part 66, Common rule, 16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 17) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 18) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 19) 28 CFR applicable to grants and cooperative agreements 20) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 21) 42 USC 3789(d), or Victims of Crime Act (as appropriate); 22) Section 504 of the Rehabilitation Act of 1973, as amended; 23) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); 24) 28 CFR Part 42, Subparts C,D,E, and G 25) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 18 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the 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 a resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (OEM), including all understandings and assurances contained in it, and directing and authorizing the 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 Recipient or its designees or agents, no member of the governing body of the locality in which the 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 Recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose state above; (d) All 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 Recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All 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.SC. 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 the 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 Recipient receives 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 Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; 19 (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 qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of payor 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, FS; (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 USC 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; Gl It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 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; (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 Accessability 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 Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (I) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and (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 1 06 of the National Historic Preservation Act 20 (NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800. (4) When any of Recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800. (2)(e) , the Federal Emergency Management Agency (FEMA) may require 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 ofthe 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, 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) 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 for 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 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 of archeological data from the property. If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the Councilor the SHPO object, Recipient shall not proceed with the project until the objection is resoived. (6) 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 an 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. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not 21 receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. (m) It will compiy with Title IX of the Education Amendments of 1972, as amended (20 U.SC.: 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; (0) 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 US.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.SC. 6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; (r) It will comply with the Laboratory Animal Welfare Act of 1966,7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; (s) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S,C. 2000c and 42 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 nation 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 US.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 US.C 794, regarding non-discrimination; (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; 22 (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); (If) 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 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 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 Hazards Present b. Health Hazards Present c. Hazardous Materials Present 5. Provide supervision over contractors or employees employed by 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 contractors 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. Compiy 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). 11. Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 US.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 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. 23 Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION GRANT PROGRAM FUNDS RECIPIENT NAME: ADDRESS: Collier Countv CITY, STATE, ZIP CODE: PAYMENT No: DEM Agreement No: 09HM-6G-09-21-01-019 FEMA Trackino Numbers: 1609-68-R Eligible Obligated Obligated Previous Current DEM Use Onlv Amount Federal Non-Federal 100% 75% 25% Payments Req uest Approved Comments TOTAL CURRENT REQUEST $ I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements were made in accordance with all conditions of the Division agreement and payment is due and has not been previously requested for these amounts. RECIPIENT SIGNATURE NAME AND TITLE DATE: TO BE COMPLETEP BY DIVISION OF EMERGENCY MANAGEMENT APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT $ DATE 24 Attachment D (continued) DIVISION OF EMERGENCY MANAGEMENT SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION GRANT PROGRAM Applicant: Collier Countv Disaster No. 1609 DEM Agreement No. 09HM-6G-09-21-01-019 FEMA Tracking # 1609-68-R Applicant's Date of delivery DOCUMENTATION Applicant's Reference No. of articles, List Documentation (Applicant's payroll, material out of Eligible Costs (Warrant. Voucher, completion of applicant's stock, applicant owned equipment and name of 100% Claim Check, or work or vendor or contractor) by category and line item in the Schedule No.) performance approved project application and give a brief description of services. the articles or services. --. I l:mTAL __________ 25 Attachment E JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months. [ ] NO ADVANCE REQUESTED [ ] ADVANCE REQUESTED No advance payment is req uested. Payment will be solely on a reimbursement basis. No additional information is required. 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. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet. DESCRIPTION (A) FFY 2006-2007 (B) FFY 2007-2008 (C) FFY 2008-2009 (D) Total 1 2 3 MAXIMUM ADVANCE ALLOWED CALULATION: X $ Cell D3 HMGP Award (Do not include match) = MAXIMUM ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ Recipient has no previous HMGP contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. [ 26 ESTIMATED EXPENSES 2008-2009 BUDGET CATEGORY Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances: 27 Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM RECIPIENT: Collier County Project Number# 1609-68-R PROJECT LOCATION: Other-Retention Wall OEM 10 #: 09HM-6G-09-21-01-019 QUARTER ENDING: DISASTER NUMBER: FEMA-1609-DR-FL Provide amount of advance funds disbursed for period (if applicable) $ Provide reimbursement projections for this project: July-Sep, 200_$ July-Sep, 200_$ Oct-Dec, 200_$ Jan-Mar, 2oo__$_____ Ap~June,200_$_____ Oct-Dec, 200_$ Jan-Mar, 200_$ Apr-June, 200_$_____ Percentage of Work Completed (may be confirmed by state inspectors): % Project Proceeding on Schedule: [ ] Yes [] No Describe milestones achieved during this quarter: Provide a schedule for the remainder of work to project completion: Describe problems or circumstances affecting completion date, milestones, scope of work, and cost: Cost Status: [] Cost Unchanged [ ] Under Budget [ ] Over Budget Additional Comments/Elaboration: NOTE: Division of Emergency Management (OEM) 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 subgrant award. Name and Phone Number of Person Completing This Form 28 Attachment G Warranties and Representations Financial Manaaement Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation.. Comoetition. All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids andlor requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Recipient. Business Hours The 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 a.m. to 5:00 p.m., local time, Monday through Friday. Licensina and Permittina All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 29 Attachment H j..... rii;if Iblllty .9 . <llusfon Contractor Covered Transactions (1) The prospective contractor of the 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 Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: By: Signature Collier County Recipient's Name Name and Title 09HM-6G-09-21-01-019 Division Contract Number Street Address City, State, Zip Date 30 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Office only .!!.fttI the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chainnan's signature, draw a line through routinv lines # 1 throu17h #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. '-----.-" .". .._-_.__..~.-.-. 2. 3. .--" 4. ,1 n I' I \ , .j Ir ) /,7 (), \ I , , i 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BCC office only after the BeC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCe Type of Document Attached Phone Number T) ( ~ , ! I, " \ ! I ~.'''''\ , /.) Agenda Item Number Yes (Initial) N/A (Not A licable) ';'-", Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the f'!1al ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware f our deadlines! The document was approved by the Bee on ' n . ('I/(enter date) and all changes made during the meeting have been incorporated in t e attached document. The Count Attorne 's Office has reviewed the chao es, if a licable. ''1 \ (! /,; , 2. 3. 4. 5. 6. I: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Contract Number: 09CP-04-09-21-01-000 CFSA Number 52.023 STATE-FUNDED SUBGRANT AGREEMENT 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 "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrantthese funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement THEREFORE, the Division and the Recipient agree to the following: (1) SCOPE OF WORK The Recipient shall perform the work in accordance with the Scope of Work - Schedule of Deliverables and Payments, Attachment A of this Agreement (2) INCORPORATION OF LAWS. RULES, REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable Slate and Federal laws, rules and regulations. (3) PERIOD OF AGREEMENT This Agreement shall begin on July 1, 2008 and shall end June 30, 2009, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement (4) MODIFICATION OF CONTRACT 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 (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal.common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-8?, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principies for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon I request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division. The five year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the 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 Scope of Work - Schedule of Deliverables and Payments (Attachment A) and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a non-state entity as defined by Section 215.97, Fla. Stat., it shall comply with the following: If the Recipient expends a total amount of State financial assistance equal to or more than $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement shows the State financial assistance awarded by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall include all sources of State financial assistance, including State funds received from the Division, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(e), Fla. Stat. and Chapters 2 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla, Stat, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional information on the Florida Single Audit Act may be found at the following website: htto:l/www.state.fl.us/fsaa/statutes.html. (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directlv to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [an electronic copy shall also be submitted to aurilla.parrish@dca.state.fl.us] and Division of Emergency Management Bureau of Preparedness Technological Hazards Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Division or the Department of Community Affairs pursuant to this Agreement shall be submitted on time as required under OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmentalenlities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Division or the Department of Community Affairs for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) If the audit shows that all or any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the 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 Recipient of such non- compliance. 3 (g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Division no later than nine (9) months from the end of the Recipient's fiscal year. (7) REPORTS (a) If all required reports are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until the above requirements are met or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Division", means that the work product was completed in accordance with the Scope of Work - Schedule of Deliverables and Payments (Attachment A) to this Agreement. (b) The Recipient shall provide additional program updates or information that may be required by the Division. (8) MONITORING The 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. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division or the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division or the Department to the Recipient regarding such audit. The 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 Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and 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, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fia. Stat., 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, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any 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. (10) 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, if the Division elects, terminate and the Division has the 4 option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after any Events of Defauit without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) if material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the 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 (13) herein; Agreement; (b) Begin an appropriate legal or equitable action to enforce performance of this (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the 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: 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. require the 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. (g) 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 Recipient, it will not affect, extend or waive any 5 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 Recipient. (12) TERMINATION (a) The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., 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 Recipient with thirty calendar days 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 Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address below, and this notification attached to the original of this Agreement. (b) The name, address, telephone number, fax number and email address of the Division program manager for this Agreement is: Mr. Timothy Date Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 410-1272 Fax: (850) 488-1739 Email: tim.date@em.myfJorida.com (c) The name, address, telephone number, fax number and email address of the Representative of the Recipient responsible for the administration of this Agreement is: Dan Summers, Director Collier County Emergency Management 3301 Tamiami Trail East Bldg F, 1st Floor Naples FL 34112 Telephone: (239) 252-8000 Fax: (239)775-5008 Email: dansummers@colliergov.net 6 (d) The name, address, telephone number, fax number and email address of the Representative of the Recipient responsible for management of this Agreement is: Jim von Rinteln Collier County Emergency Management 3301 Tamiami Trail East Bldg F, 1" Floor Naples FL 34112 Telephone: (239) 252-8000 Fax: (239) 775-5008 Email: jamesvonrinteln@colliergov.net (e) In the event that different representatives are designated by either party after execution of this Agreement, notice of the name, address, telephone number, fax number and email address, of the new representative will be provided as outlined in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, within thirty (30) days after execution of the subcontract by the Recipient, a copy of the executed subcontract must be forwarded to the Division. The 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 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. The Recipient shall document the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) 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 shali control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the foliowing attachments: Exhibit 1 - Funding Sources Attachment A - Scope of Work - Schedule of Deliverables and Payments Attachment B - County Facilities Listing Attachment C - Financial Invoice Form Attachment D - Hazards Analysis Contract Checklist and CAMEO Guide Attachment E - Hazards Analysis Site Visit Certification Form Attachment F - Warranties and Representations Attachment G - Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion (17) FUNDING/CONSIDERATION 7 This is a fixed fee agreement. As consideration for performance of work rendered under this Agreement, the Division agrees to pay a fixed fee of up to $8,302.00. Payment will be made in accordance with the provisions of the Scope of Work - Schedule of Deliverables and Payments (Attachment A) of this Agreement. The sole intent of this Agreement is to provide financial assistance to the Recipient to support the conduct of site-specific hazards analyses and hazardous materials emergency management activities. It is therefore required that all expenditures paid from this fund be directly related to hazardous materials preparedness, response, recovery or mitigation activities. Contract funds are not required to be expended within the contract period; however, all work must be performed during the contract period, including any amendments agreed to by the parties. Any payments received after termination of the Agreement shall be considered payments for work performed pursuant to the Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Chief Financial Officer or the Office of Management and Budgeting, all obligations on the part of the Division to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Division. (18) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs" and mailed directly to the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, 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. (19) 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 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 days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County_ If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 US.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on 8 the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatorv 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. (g) Any 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: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a, federal department or agency; 2. 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; 3. 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 19(9)2. of this certification; and 4. 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. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (h) 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 Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. U) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. (I) If the 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. 9 (m) 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 ("INN)]. 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 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. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of 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, Fla. Stat. (20) LOBBYING PROHIBITION (a) 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. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. 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 Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." 3. The 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 subrecipients shall certify and disclose. 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. (21) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. 10 (b) If any discovery or invention is deveioped in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The 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 (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION The 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 Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. B: COLLIER COUNTY NTY COMMISSIONERS Date: Auaust 26th. 2008 FEID# 59-60000558 ATTEST: Dwight E Brock, Clerk Deputy Clerk Approved as to Form and Legal Sufficiency C&eWAA- 7V1 J1r~ Assistant County Attorney < By: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS By: Name and Title: W. Craia FUQate. Director Division of EmerQencv Manaaement Date: EXHIBIT - 1 II STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOllOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Division of Emergency Management, Florida Hazardous Materials Planning and Prevention Program, Catalog of State Financial Assistance Number 52.023 in the amount of $8,302.00. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOllOWS: 1. Emergency Planning and Community Right-to-Know Act (EPCRA), Title III of the Superfund Amendments and Reauthorization Act of 1986,42 U.S.C. s, 11001, et seq. (SARA). 2, Florida Emergency Planning and Community Right-to-Know Act, Chapter 252, Part II, Florida Statutes REMAINDER OF THIS PAGE LEFf BLANK INTENTIONALLY 12 Attachment A SCOPE OF WORK - SCHEDULE OF DELlVERABLES AND PAYMENTS PURPOSE The data collected under this Agreement will be used to cDmply with the requirements of the Emergency Planning and CDmmunity Right-TD-KnDw Act's planning requirements. SCOPE OF WORK TASK 1: Submission and Guidance Recipient shall submit tD the Division a completed hazards analysis that cDmplies with the site- specific hazards analysis criteria outlined in this Attachment for each facility listed in Attachment B. The primary guidance documents are Attachment D (Hazards Analysis CDntract Checklist and CAMEO Guide) tD this Agreement and the U.S. EnvirDnmental PrDtectiDn Agency's "Technical Guidance fDr Hazards Analysis". All hazards analyses shall be consistent with the prDvisiDns Df these dDcuments. Any variatiDn from the procedures outlined in these documents must be requested in writing by certified mail, return receipt requested and approved by the Division, TASK 2: CoordinatiDn of Activities The following includes, but is not limited to, activities tD be perfDrmed under this Agreement: A. Recipient shall submit fifty (50) percent of the completed hazards analyses tD the Division for the facilities listed on Attachment B by no later than November 1, 2008 and the final fifty (50) percent Df the completed hazards analyses shall be submitted to the Division fDr the facilities listed on Attachment B by no later than February 1, 2009. Later dates may be agreed upon in writing by both parties to this Agreement. The Division will be the sole authority for determining extenuating circumstances and granting extensiDns to the work submission deadline. B, Within the period of the Agreement, Recipient shall participate in a technical assistance training sessiDn provided by the Division, The DivisiDn reserves the right to waive this requirement. C. Within the period of the Agreement, Recipient shall submit a list of facilities within the Recipient's geographical boundaries that are suspected of not reporting to the State Emergency Response CommissiDn the presence of Extremely Hazardous Substances in quantities at Dr above the Threshold Planning Quantity, as designated by the U. S. Environmental PrDtection Agency. 13 TASK 3: Review and Update of Hazards Analvses A. Review and update hazards analyses for all facilities listed in Attachment B, which have reported to the State Emergency Response Commission the presence of those specific Extremely Hazardous Substances designated by the U.S. Environmental Protection Agency in quantities at or above the Threshold Planning Quantity. It is required that each Attachment B facility be contacted by on-site visit to ensure accuracy of the hazards analysis. Each applicable facility's hazards analysis information shall be entered into the U.S. Environmental Protection Agency's CAMEOfm program. Each facility hazards analysis shall include, but is not limited to, the following items: (1) Facility Information (a) Provide the Facility name (per Attachment B) (b) Facility address Provide the physical address (no Post Office Box) of the facility. (c) Facility Identification Provide the State Emergency Response Commission Code identification number (per Attachment B) and the geographic coordinates (latitude and longitude in decimal degrees). (d) Facility Emergency Coordinator Provide the name, title and telephone number (daytime and 24-hour) of the designated facility emergency coordinator. (e). Transportation Routes List the main routes used (from the County line to the facility) to transport chemicals to and/or from the facility. (f) Evacuation Routes Based on wind direction from the North, South, East and West, identify the route(s) from the facility to exit the Vulnerable Zone(s). (g) Historical Accident Record Describe any past releases or incidents that have occurred at the facility. Include date, time, chemical name, quantity and number of persons injured or killed (this information is available from the facility). If it is determined that a facility does not have a historical accident record, that shall be noted. (2) Hazard Identification (a) Chemical identities Provide proper chemical name, Chemical Abstract Service (CAS) number and natural physical state (according to exhibit C of the Technical Guidance for Hazards Analysis) for each Extremely Hazardous Substance present at the facility at any time up to one year prior to the site visit. 14 (b) Maximum quantity on-site Express in exact pounds (not range codes) the maximum quantity of each Extremely Hazardous Substance the facility has on-site at any time up to one year prior to the site visit. (c) Amount in largest container or interconnected containers Express in pounds the amount of each Extremely Hazardous Substance stored in the largest container or interconnected containers (this is the release amount used to determine the Vulnerable Zone). (d) Type and design of storage container or vessel Indicate the storage method of each Extremely Hazardous Substance, I.e., drum, cylinder, tank, and their respective capacities (It is helpful to indicate system types such as manifold versus vacuum as well). (e) Nature of the hazard Describe the type of hazard (I.e., fire, explosion) and health effects (acute and chronic) most likely to accompany a spill or release of each Extremely Hazardous Substance. (3) Vulnerability Analysis (a) Extent of the Vulnerable Zone For each Extremely Hazardous Substance present at a facility, provide the estimated geographical area (vulnerable zone) that may be subject to concentrations of an airborne Extremely Hazardous Substance at levels that could cause irreversible acute health effects or death to human populations following an accidental release. (b) Estimate Facility Population Provide an estimate of the maximum number of employees present at the facility at any given time, I.e. if the facility is unmanned except for routine maintenance by only one person then, the number of employees present at any given time shall be noted as one. (c) Critical Facilities Identify each critical facility by name and each critical facility's maximum expected occupancy, within each vulnerable zone, which are essential to emergency response or house special needs populations (schools, day cares, public safety facilities, hospitals, etc.). If there are no critical facilities within the vulnerable zone, that shall be noted. (d) Estimate Total Exposed Population Provide an estimate of the total exposed population (facility employees + general population + critical facilities), within each vulnerable zone, that would be affected in a worst case release scenario. 15 (4) Risk Analysis (the three ratings {Risk Assessment} at the bottom of the CAMEOfm Scenario Page will meet the four requirements below) (a) Probability of release Rate the probability of release as Low, Moderate, or High based on observations at the facility. Considerations should include history of previous incidents and current conditions and controls at the facility. (b) Severity of consequences of human injury Rate the severity of consequences if an actual release were to occur. (c) Severity of consequences of damage to property Rate the potential damage to the facility, nearby buildings and infrastructure if an actual release were to occur. (d) Severity of consequences of environmental exposure Rate the potential damage to the surrounding environmentally sensitive areas, natural habitat and wildlife if an actual release were to occur. B. Identify those facilities in Attachment B for which a hazards analysis was not submitted. Supporting documentation must be provided with a list to account for the facilities for which a hazards analysis was not completed. In addition to the facility name and the State Emergency Response Commission Code identification number, supporting documentation should indicate: (1) Facility has closed or is no longer in business. (2) Facility is not physically located in the County (indicate appropriate County location, if known). (3) Facility does not have Extremely Hazardous Substance(s) on-site or Extremely Hazardous Substance(s) are below the Threshold Planning Quantity. These facilities require: (a) A Statement of Determination from the facility representative for the previous reporting year; or (b) A letter from the facility representative fully explaining why the Extremely Hazardous Substance(s) is/are not now present at or above the Threshold Planning Quantity and a date when the Extremely Hazardous Substance(s) was/were removed from the facility. TASK 4 On-Site Visits A. Conduct a detailed on-site visit, within the period of this Agreement, of all the facilities listed in Attachment B, to confirm the accuracy and completeness of information in the hazards analysis (Task 3). B. Submit a completed Hazards Analysis Site Visit Certification Form (Attachment E) to the Division for each facility site visit conducted. 16 C. Submit (electronicallv) a site plan map with the State Emergency Response Commission Code identification number and in sufficient detail to identify: 1. Location of major building(s) 2. Location and identification of EHS container(s) 3. Location of major street(s) and entrance(s) 4. North arrow TASK 5: Submission. Distribution and Notification of the Approved Hazards Analvses A Upon Division approval of all required hazards analyses, one (1) copy of each approved hazards analysis (electronic format) shall be submitted to the Division. A complete copy of each approved hazards analysis shall be sent to the applicable Local Emergency Planning Committee and a copy of the transmittal letter shall be submitted to the Division. B. Upon Division approval of all required hazards analyses, notify all facilities (for which a hazards analysis was required), and applicable response agencies, of the availability of the hazards analyses information, make that information available upon request and submit proof of said notifications to the Division. C. Ensure that the Hazards Analysis information is reflected in the county Local Mitigation Strategy. SCHEDULE OF DELlVERABLES AND PAYMENTS Deliverable Due Date Pavment Amount Payment #1 - The submitted hazards analyses which have been deemed acceptable by the Division. 11-01-2008 $3.735.90 Payment #2 - The submitted hazards analyses which have been deemed acceptable by the Division. 02-01-2009 $3.735.90 Payment #3 - The completed hazards analyses which have Not Applicable $830.20 been reviewed and approved by the Division, upon the Division receiving proof of distribution of the approved Hazards Analyses to the applicable Local Emergency Planning Committee and upon the Division receiving proof of notification to all facilities (for which a hazards analysis was required), and applicable response agencies, of the availability of the hazards analyses information Each request for payment shall be initiated by the Division upon receipt of an acceptable Financial Invoice (Attachment C) and the deliverable that meets the requirements of this Agreement. End Attachment A 17 Attachment B COUNTY FACILITIES LISTING 18 Attachment C FINANCIAL INVOICE FORM FOR HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATES RECIPIENT: Collier County AGREEMENT # AMOUNT AMOUNT APPROVED REQUESTED BY THE RECIPIENT BY THE DIVISION 1. First Payment (45% of contract amount) $ (50% Hazards Analyses completed/submitted) $ 2. Second Payment (45% of contract amount) $ (50% Hazards Analyses completed/submitted) $ 3. Final Payment(10% of contract amount) $ (approval, distribution & notification) $ TOTAL AMOUNT $ $ (To be completed by the Division) I certify that to the best of my knowledge and belief the billed costs are in accordance with the terms of the Agreement Signature of Authorized OfficialfTitle Date TOTAL AMOUNT TO BE PAID AS OF THIS INVOICE $ (To be comDleted by the Division) 19 Attachment E Name of Facility (Please print) Name of County (Please print) State Emergency Response Commission (SERC) Code Name of Facility Representative (Please print) Facility Representative Signature Site Visit Date Name of Inspector (Please print) Inspector's Signature Site Visit Date The individuals sionino above certify that a hazards analysis site visit was conducted on the above date. 21 Attachment F Warranties and Representations Financial Manaaement Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program in accordance with Paragraph (7) and Paragraph (12) of this Agreement. (2) If applicable, records that identify adequately the source and application of funds for all federally-sponsored activities. These records shall contain information pertaining to Federal awards, authorizations, obligations, un-obligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of outlays with budget amounts for each award. Whenever appropriate, financial information should be related to performance and unit cost data. (5) If applicable, written procedures to minimize the time elapsing between the transfer of funds to the Recipient from the U.S. Treasury and the issuance or redemption of checks, warrants or payments by other means for program purposes by the recipient. To the extent that the provisions of the Cash Management Improvement Act (CMIA) (Pub. L 101-453) govern, payment methods shall be consistent with CMIA Treasury-State Agreements or the CMIA default procedures codified at 31 CFR part 205, "Withdrawal of Cash from the Treasury for Advances under Federal Grant and Other Programs." (6) If applicable, written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable Federal cost principles and the terms and conditions of the award. (7) Accounting records, including cost accounting records that are supported by source documentation, Comoetition All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The recipient shall be alert to organizational conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. I n order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the recipient. Any and all bids or offers may be rejected when it is in the recipient's interest to do so. Codes of Conduct The recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a 22 financial or other interest in the firm selected for an award. The officers, employees, and agents of the recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to sub-agreements. However, recipients may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from at least 9:00 am to 5:00 pm, Monday through Friday. Licensina and Permittina All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. End Attnchment F 23 Attachment G Subcontractor Covered Transactions (1) The prospective subcontractor of the 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 Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Recipient's Name Name and Title DCA Contract Number Street Address City, State, Zip Date 24