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Agenda 04/12/2011 Item #16C2 Agenda Changes Board of County Commissioners Meeting April 12, 2011 Continue Item 7A to the April 26. 2011 BCC Meetin!!: This item requires ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. DOA-PL2010-1052: Olde Cypress Development, LTD &Vita Pima, LLC, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard Y ovanovich of Coleman, Y ovanovich & Koester, P .A., request a change to the previously approved Olde Cypress Development of Regional Impact DRI, in accordance with Florida Statutes, Subsection 380.06(19). proposed modifications will add 63.9 acres into the DRI boundary, amend Map H, and remove the 3.9 acre park requirement to incorporate this change. The subject property consisting of 602::1: acres is located in Sections 21 and 22, Range 48 South, Township 26 East, Collier County, Florida. (Companion to PUDZ-PL2010-1054 and PUDA-PL2010-388) (Commissioner Henning's request) Continue Item 8A to the April 26. 2011 BCC Meetin!!: This item requires ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PUDZ-PL2010-1054: Vita Pima, LLC, represented by Christopher R. Mitchell, P.E. of Waldrop Engineering, P.A., and Richard D. Yovanovich of Coleman, Yovanovich & Koester, P.A., request a Rezone from the Residential Planned Unit Development (RPUD) zoning district with a Special Treatment (ST) Overlay for a project known as HD Development RPUD, and the Agricultural (A) zoning district, to the RPUD zoning district to allow development of a maximum 125 single-family residential units & 33 multi-family units and associated accessory uses. The 65.29::1: acre property is located along the north side of Immokalee Road (CR 846) approximately 330 feet east of Olde Cypress Boulevard in Section 21, Township 48 South, Range 26 East, Collier County, FL (Companion: DOA-PL2010-1052 & PUDA-PL2010-388) (Commissioner Henning's request) Continue Item 8B to the April 26. 2011 BCC Meetin!!:: This item requires ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PUDA-PL2010-388, Olde Cypress Development, LTD, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., request a PUD Amendment for the Olde Cypress PUD. The PUD Amendment request is to reduce project density from 1,100 dwelling units to 942 dwelling units & remove requirements of trails and a park (3.9 acres minimum) in the Olde Cypress PUD/DRI. Subject property is located in the Olde Cypress subdivision, Sections 21 & 22, Township 48 South, Range 26 East, Collier County, FL. (Companion: DOA-PL2010-1052, Olde Cypress DRI & PUDZ-PL2010-1054, HD Development RPUD) (Commissioner Henning's request) Withdraw Item lOG: Recommendation to approve a form Easement Agreement for use between Collier County and Beachfront Property Owners requiring Property Owners to provide public beach access in exchange for publicly funded major beach renourishment, vegetation planting and dune restoration to the subject property. (Staff's request) Move Item 16A13 to 10J: Recommendation to enter into a contract for services for AIM Engineering to complete a feasibility study with conceptual plans for pedestrian or bicycle facilities at the 1-75/Immokalee Road Interchange in the amount up to $315,000 (FDOT Project #416237-1-38-01) (Commissioner Henning's request) CONTINUE ITEM 16C2 TO THE APRIL 26" 2011 BCC MEETING: RECOMMENDATION TO APPROVE A HAZARD MITIGATION GRANT PROGRAM CONTRACT #11HM-3E-09-21-01-026, WITH STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT, IN THE AMOUNT OF $240,000, TO APPLY TOWARDS COSTS ASSOCIATED WITH INSTALLATION OF 1,430 LINEAR FEET OF SIX-INCH HIGH DENSITY POLYETHYLENE LEACHATE PIPE AT THE COLLIER COUNTY LANDFILL & AUTHORIZE CORRESPONDING BUDGET AMENDMENTS (STAFF'S REQUEST) Move Item 16D9 to Item 101 (to be heard immediatelv followin!!: Item 10E): Recommendation to approve and authorize the Chairman to sign a Settlement Agreement & Mutual Release with Johnson Engineering for the total value of $134,000 to resolve any and all claims and issues associated with the Goodland Boat Park and approve and authorize the Chairman to sign award of Contract 09-5262-S to Johnson Engineering for Engineering Services for Collier County. (Staff's request) Move Item 16G4 to Item 13A; and has been requested to be heard at 11:30 a.m.: Recommendation to authorize the County Attorney to take all necessary action, including filing a lawsuit, to evict Gregory Shepard from his present location at the Immokalee Regional Airport, and pursue any holdover rent, damages, and costs that may be due and owing to the Airport Authority. (Commissioner Coletta's request) Move Item 16H4 to Item 9H: Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended Chabad of Naples Annual Benefit Evening & Gala April 10, 2011 at the Ritz-Carlton in Naples, FL $150 paid from Commissioner Henning's travel budget (Commissioner Henning's request) Continue Item 16K3 to April 26. 2011 BCC Meetin!!:: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against SURETY CONSTRUCTION COMPANY, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County, as a result of contracted work, for the repair to the Pollution Control Laboratory in Building "H", 3rd Floor, in the amount of $99,492.99, plus costs of litigation, including reasonable attorneys fees. (County Attorney Staff's request) Note: Item 16A 7: Section III, page 4 of the Addendum shall be revised to state, in part ".. unless either party provides the other with at least sixty (60) days notice of non-renewal" rather than one hundred and eighty (180) days. (This change is for consistency with the original agreement and to promote ease in tracking by staff.) (Staff's request) Time Certain Items: Item 9G to be heard at 11:00 a.m. Item 13A to be heard at 11 :30 a.m. Item 8C to be heard at 1 :00 p.m. 4/12/2011 Item 16.C.2. EXECUTIVE SUMMARY Recommendation to approve a Hazard Mitigation Grant Program contract, agreement nnmber llHM-3E-09-21-01-026, with the State of Florida, Division of Emergency Management, in the amonnt of $240,000, to apply towards the costs associated with the installation of 1,430 linear feet of six-inch High Density Polyethylene leachate pipe at the Collier County Landfill; and, to authorize the corresponding budget amendments. OBJECTIVE: That the Board of County Commissioners (Board) approve a Hazard Mitigation Grant Program (HMGP) contract, agreement number I 1 HM-3E-09-:2I-OJ-026, with the State of Florida, Division of Emergency Management, to provide for thc installation of 1,430 linear feet of six-inch High Density Polyethylene (HDPE) leachate pipe at the Collier County Landfill (Landfill). CONSIDERATIONS: The HMGP is the direct result of the Presidential Disaster Declaration of August 24,2008, related to Tropical Storm Fay (FEMA-1785-15 DR-FL). This grant is designed to expand flood control infrastructure to prevent or limit losses during future storms and disasters. The HMGP is managed by the Florida Department of Community Affairs, Division of Emergency Management, and funding is allocated by the United States Department of Homeland Security, Federal Emergency Management Agcncy (FEMA). The amount of funding available for Florida is bascd on 15% of the total federal disaster assistance for this event; Collier County's estimatcd share of funds for Tropical Storm Fay is $1,914,659. On March 24, 2009, the Board approved Agenda Item J 6C4, the submission of a $320,000 grant application for the HMGP to increase the Landfill's leachate system capacity to safely deliver landfill leachate to the wastewater treatment plant during major storm events. Leachate is water exposed to garbage in the Landfill, and is considered hazardous to public health and safcty. On April 6, 2009, tbe Landfill leacbate pipe grant application was submitted; however, before the review process was completed. an emergency event oeeured involving the Landfill leachate pipe. On May 20, 2009, after several days of rain, a blockage in the leachate pipe was discovered. subsequently posing a potential threat to the leachate collection system and disposal into the wastewater system. Staff secured the services of a local contractor to locate the blockage and to remove and replace tbe blocked pipe. FEMA was notified of the unforseen blockage and the need to address repairs in an expedient manner. FEMA agreed with the Engineer's repol1 of the increased costs due to the immcdiate repairs necessary to remove the blockage and the addition of project impflwcmcllts increasing the total approved pr(~jcct costs to $439.109. FEMA subsquently authorized the modification to the original grant request to accommodate the higher costs of implementing a phased construction of tbe leachate pipe construction, and addition of project improvements. Staff was required to complete and submit a Pre-Award Cost Request Form to the Florida Department of Community Affairs. On December 15,2009, Agenda Item 16.C.3. the Board approvcd a Prc-Award Cost Request Form as an update to thc grant application. On August 12, 20 I O. Collier County's modified grant application was approved by the Florida Department of Community Affairs. The grant contract. agreement numbcr 11 HM- 3E-09-21-01-026 with the Statc of Florida, Division of Emergency Managemcnt, was received by the Solid Waste Management Department on Janll3lY 31. 2011. The upgrade to the Landtill leachatc collection system will include constructing J ,430 lincar fect of six- inch HDPE pipe to replace the existing four-inch PYC pipe. which leads from the Landfill to the county's wastewater treatment facility collection system. The six-inch HDPE pipe will be connected to the existing wastewater system to provide additional capacity and fio\\.' velocities to process leachate Packet Page -1871- 4/12/2011 Item 16.C.2. generated by storms, hurricanes and other emergencies. The system, as proposed, will be designed to provide a ten-year-event level of protection, and will protect the area from spills of excess leachate flow. FISCAL IMPACT: As identified in the table below, the total project cost approved in the grant application is $439,109, composed of the federal grant of $240,000 (up to 55%) and local share of $199,109 (45%). The federal grant agreement allows Collier County to request 55% of the approved pre- award costs in the amount of $54,674. Pre-award costs include county staff time preparing the project analysis necessary for the grant project, design, permitting, and public notice costs. - Line Items Project Costs Federal Share Local Share (uJ) to 55%.) (45%) Materials and Labor $337,665.00 $184,543.00 $153.122.00 Fees Pre-Award (Des ign'Pennitt il1gPublic $ 54,674.00 $ 29.888.00 $ 24,786.00 Notice Fees-Engineering $ 46,770.00 $ 25.569.00 $ 21,201.00 Total: $439.1 09.00 $240.000.00 $ ] 99,1 09.00 Budget amendments are required only for post award expenditures in Fund 475 Solid Waste Grants and Fund 476 Solid Waste Matching Funds. All pre-award costs were in 2009 and 2010 and therefore will not be included in budget amendments. The local match included in the contract of $199, I 09 includes pre-award costs in the amount of $24,786. A ponion of the balance from the matching post award requirement of $174,323 is staff time in the amount of $23,490, and will also not be budgeted in the project. Therefore, the budget amendment for Fund 474 Solid Waste Capital to transfcr to Fund 476 Solid Waste Matching Funds is $150,833. GROWTH MANAGEMENT IMPACT: This project is compliant with the County's Growth Management Plan and the 1ntegrated Solid Wastc Management Strategy which calls for optimization of current assets to ensure operational excellence at best value. LEGAL CONSIDER.\TIONS: This item has heen reviewed and approved by the County Attorney's Office and is legally sufficient. The Agreement is effective October I, 2008 in order to capture Pre-Award costs requested on the project. This item requires a majority vote. JBW RECOMMENDATION: Recommendation to approve a Hazard Mitigation Grant Program contract, agreement number IIHM-3E-09-21-01-026, with the State of Florida, Division of Emcrgency Management, in the amount of $240,000 to apply tllwards the costs associatcd with the installation of 1,430 linear feet of six-inch High Density Polyethylene leachate pipe at the Collier County Landfill; and, to authorize the corresponding budget amendments. PREPARED BY: Linda Best. Compliance Manager. Solid Wask Management Depanment. Packet Page -1872- 4/12/2011 Item 16.C.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2. Item Summary: Recommendation to approve a Hazard Mitigation Grant Program contract, agreement number 11HM-3E-09-21-01-026, with the State of Florida, Division of Emergency Management, in the amount of $240,000, to apply towards the costs associated with the installation of 1,430 linear feet of six-inch High Density polyethylene leachate pipe at the Collier County Landfill; and, to authorize the corresponding budget amendments. Meeting Date: 4/12/2011 Prepared By Name: Linda Best Title: Manager - Environmental Compliance.Solid Waste 3/17/2011 2:55:40 PM Submitted by Title: Manager - Environmental Compliance,Solid Waste Name: Linda Best 3/17/20112:55:41 PM Approved By Name: RodriguezDan Title: Director - Solid Waste,Solid Waste Date: 3/18/2011 8:59:09 AM Name: HapkeMargie Title: VALUE MISS1NG Date: 3/18/2011 II :08:03 AM Name: WidesTom Title: Director - Operations Support - PUD,Utilities Fina Date: 3/21/2011 8:39:44 AM Name: ParkerNicole Title: Contracts Specialist,Purchasing & General Services Packet Page -1873- 4/12/2011 Item 16.C.2. Date: 3/23/2011 10:04:55 AM Name: CamellSteve Title: Director - Purchasing/General Serviees,Purehasing Date: 3/23/2011 12:08:48 PM Name: Amysue Benker Title: Exeeutive Secretary, Date: 3/24/20 I I 1 :09:40 PM Name: DeLonyJim Title: Administrator - Public Utilities, Date: 3/24/20112:17:02 PM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 3/241201 I 3:00:20 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 3/24/2011 3:01:26 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/28/2011 12:06:46 PM Name: lsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 4/4/2011 2:35:39 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs.CMO Date: 4/4/20112:45:51 PM Packet Page -1874- 4/12/2011 Item 16.C.2. Contract Number: 11HM-3E-09-21-01-026 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 oi 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 October 1, 2008 and shall end August 12, 2013. 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 OMB Circulars: States, local governments, and Indian Tribes follow: . A-87 for Cost Principles, Relocated to 2 CFR, Part 225 . A-102 for Administrative Requirements, and Packet Page -1875- 4/12/2011 Item 16.C.2. . A-133 for Audit Requirements Educational Institutions (even if part of a State of Local government) follow: . A-21 for Cost Principles, Relocated to 2 CFR, Part 220 . A-110 for administrative requirements, Relocated to 2 CFR, Part 215, and . A-133 for audit requirements Non-Profit Organizations follow: . A-122 for Cost Principles, Relocated to 2 CFR , Part 230 (362k) . A-110 for Administrative requirements, Relocated to 2 CFR, Part 215, and . A-133 for Audit requirements 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 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. 2 Packet Page -1876- 4/12/2011 Item 16.C.2. (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 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 Circular 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 fiscal 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-Federal funds. (e) Send copies of repol1ing pacl<ages 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 behalf of the Recipient to: The Division at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oal< Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla.parrishiaJdca.state.fl.usl and 3 Packet Page -1877- 4/12/2011 Item 16.C.2. Division of Emergency Management Bureau of Mitigation 2555 Shumard Oak Boulevard Tallahassee. Florida 32399-2100 Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission onljne at: hltpl/harvester.census oov/fac/collecUddeindex. html And to any 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, Florida 32399-2100 [also send an electronic copy to 3urilla.oarrishlii"dca.state.fl.us] and DiVision of Emergency Management Bureau of Mitigation 2555 Shumard Oak Boulevard Tallahassee. Florida 32399-2100 (g) By the date due, send any reports, management leiter, or other information required to be submitted to the Division pursuant to thiS Agreement In accordance with OMB Circular A-133, Florida Statutes, and Chaptel's 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. as applicable. (11) Recipients should state the date that the reporting package was delivered to the Recipient when subrnilting finanCial reporting packages to the Division for audits done in accordance with OMB Circulal' A-133 or Chapters 10550 (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. 4 Packet Page -1878- 4/12/2011 Item 16.C.2. U) 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. (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 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 5 Packet Page -1879- 4/12/2011 Item 16.C.2. 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., and 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 tortuous 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 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. 6 Packet Page -1880- 4/12/2011 Item 16.C.2. (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 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; (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. (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 day's prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a 7 Packet Page -1881- 4/12/2011 Item 16.C.2. 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. Holly Swift Mitigation Bureau Division of Emergency Management 2702 Directors Row Orlando, Florida 32809 Telephone: (407) 888-3781 Fax Number: (407) 251-2590 Email: holly.swift@em.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. David Jaye Collier County 3301 Tamiami Trail, Building H, 3" Floor Naples, Florida 34112 Telephone (239) 252-7620 Fax: (239) 774-9222 Email: davidjaye@colliergov.net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided 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 fOlwarded 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 8 Packet Page -1882- 4/12/2011 Item 16.C.2. (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 $240,000 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. 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-87, A-110, A-122 and the Cash Management Improvement Act of 9 Packet Page -1883- 4/12/2011 Item 16.C.2. 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be submitted to the Division Contact in accordance with 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. (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. (d) Request for Reimbursement should be submitted at least quarterly and should include the support documentation for all costs of the project submitted on the Request for Reimbursement. The supporting documentation must comply with the documentation requirements of applicable OMB Circular Cost Principles. Attachment D must be completed and signed by an authorized representative of the recipient. Any Requests for Reimbursement that fails to include Attachment D with the supporting documentation may be returned or delayed in processing. Final invoice shall be submitted 60 days after the expiration date of the 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 Divisions Contact listed above. 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 10 Packet Page -1884- 4/12/2011 Item 16.C.2. Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) The 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 seo.), 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 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, faisification 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 11 Packet Page -1885- 4/12/2011 Item 16.C.2. 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 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 pubiic 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")J. 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. StaLl 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. StaL (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 USC. 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: 12 Packet Page -1886- 4/12/2011 Item 16.C.2. 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 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. (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- 13 Packet Page -1887- 4/12/2011 Item 16.C.2. existing intellectual propeliy which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the light 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 it's governing body has authollzed the execuiion 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: COLLIER COUNTY BY: Name and title: ?red N_ Coyle, Chairman Date FID# 59-6000558 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY: Name and Title David Halslead Director Date l\'fT~~"'C: t~.~v"~Gltr"nr t~~~~] ~f; [t(;, 't.r.f(i;n 8.;, !P'gK; ..:~Lil1!r.:>;~'-, 8F~O(,fi~~ ~~~-....",.,""-.-."......",.. .~_.=--"----- .~ \ -c' ',' . \.-... -;-- (~~~,..,,,,,...~.::2.~_~;:;..;.~-:-:_~ (1;r::~tj5fnnt 0;:'j'j:lt\! .< ' -2r::-L 1_..) to \ -"='L Ie..... ~~. i~ "",-\ \-~ f... 14 Packet Page -1888- 4/12/2011 Item 16.C.2. 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: $ 240,000.00 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 managementlsoil 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 iisting 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. 15 Packet Page -1889- 4/12/2011 Item 16.C.2. Attachment A Budget and Scope of Work Scope of Work As a Hazard Mitigation Grant Program Project, the Recipient, Collier County, proposes to upgrade the Landfill located at 3730 White Lake Boulevard, Naples, Florida 34117, by constructing One Thousand Four Hundred Thirty (1,430) linear feet of six (6) inch HDPE pipe to replace existing four (4) inch PVC pipe which leads from the Landfill to the County Waste Water Treatment Facility Collection System. The six inch HDPE pipe will be connected to the existing waste water system to provide additional capacity and flow velocities to process leachate which is often generated by storms, hurricanes and other related emergencies. The system as proposed will be designed to provide a 10 year event level of protection and will protect the area from leachate excess flow spills. Environmental Review Project Conditions: 1. The Recipient must follow all applicable State, Local and Federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. If project work is delayed for a year or more after the date of the CA TEX, then coordination with the project review by regulatory agencies must be redone. 2. Any change, addition or supplement to the approved Scope of Work that alters the project (including other work not funded by FEMA, buy done substantially at the same time) will require re-submission of the application to FEMA for NEPA re-evaluation before starting project work. 3. If historic or archaeological materials are discovered during project work, work in that area shall cease immediately and the Recipient will contact the State Historic Preservation Officer (SHPO) and the DHS/FEMA Region IV Environmental Officer and FDEM State Environmental Liaison Officer for further guidance. 4. Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. 5. Best management practices will be used during project work to minimize soil erosion, sediment migration and turbidity. The Recipient will need to prepare and implement a Storm Water Pollution Prevention Plan (SWPP). The Recipient must obtain a National Pollutant Discharge Eiimination System (NPDES) storm water permit (if area of disturbance will be greater than one acre). The Recipient will need to provide a copy of the Notice of Intent (NOI) submitted to use the State of Florida Generic Permit for storm water discharge from construction activities; response letter from Florida Department of Environmental Protection (FDEP) if provided; and a copy of the Notice of Termination (NOT) - at project closeout 6. For projects involving groundwater dewatering activities at the construction site, provide documentation of coverage under the Florida Department of Environmental Protection (FDEP), "Generic Permit for the Discharge of Produced Ground Water from any Non-contaminated Site Activity". 7. The recipient must comply with and document all FDEP permit conditions as outlined in the permit number: 52258-354-DWC/MR Verification of permit conditions may be required at project close out This is FEMA Project number 1785-66-R, funded under FEMA-1785-DR-FL. The period of Performance for this project ends August 12, 2013. 16 Packet Page -1890- Schedule of Work E ngineering/Desig nlS u rvey Permitting Bidding Construction Weather Delays Final Inspection Total Period of Performance BudQet Line Items' Materials and Labor: Fees - Pre-Award (Design/ Permitting/Public Notice): Fees - EnqineerinQ: Total: Project Costs $337,665.00 $ 54,674.00 $ 46.770.00 $439,109.00 4 Months 20 days 6 Months 4 Months 13 Months 10 days 4 Months 4 Months 36 Months Federal Share $184,543.00 $ 29,888.00 $ 25,569.00 $240,000.00 4/12/2011 Item 16,C.2, Local Share $153,122.00 $ 24,786.00 $ 21,201.00 $199,109.00 '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. FundinQ Summary Federal Share: Local Share: Total Project Cost: $240,000.00 (54.6562%) $199,109.00 (45.3438%) $439,109.00 (100%) "The project cost is inclusive of administrative cost. 17 Packet Page -1891- 4/12/2011 Item 16.C.2. 08112/2010 e:51 FED,' EMERGENCY MANAGEMENT AGENCY I. _ARD MITIGATION GRANTS PROGRAM Obligation Report wI Signatures HMGP.OB.02 Disaster FEMA Amendment State Action Supplemental No Prajee! No No Application ID No No State Grantee 1785 66.R o 23 25 FL Statewide Subgrantee: Collier (County) Subgrantee FIPS Code: 021.99021 Project Title: Gollier co. Construction of 1,400 LF of 4" leachate force with 6" HOPE, Drainage Total Amount Previously Allocated Tota! Amount Previously Obligated Total Amount Pending Obtigatioll Tolal Amount Available for New Obligation $240,000 $240,000 $0 $0 Project Amount Grantee Admin Est Subgrantee Admin Est Total Obligation IFMIS Date IFMIS Status FY $240,000 $0 $0 $240,000 OB/l1/2010 Accept 2010 Comments Date: OB/l0/2010 User Id: VGEER Comment: per the state of florida, obligate remaining funds far project implementation Date: 08/1112010 User Id: DBURKETT Comment: Approved New project funding HMO Authorization Preparer Name: VICTOR GEER Preparation Date: 08/10/2010 HMO Authorization Name: DEBORAIi BURKETT HMO Authorization Date: 08/11/2010 ClI/fF. ).J#i/i tlMI.Jc.H Autho;izing Official Tille /?-./;2 - )() Authorization Date Authorizing Official Signature Authorizing Official Tille Authorization Date 17A Packet Page -1892- 4/12/2011 Item 16.C.2. Attachment 8 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 applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the 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 permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any federal, state, or local environmental or land use permitting authority, where required. 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; 18 Packet Page -1893- 4/12/2011 Item 16.C.2. 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 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 submii to the Regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth In 44CFR 206A38(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 931.2 3) Section 1352, Title 31, US Code 4) OMB Circulars A-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 19 Packet Page -1894- 4/12/2011 Item 16,C.2. 15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, 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. 20 Packet Page -1895- 4/12/2011 Item 16.C.2. 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.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least 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. (I) 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 21 Packet Page -1896- 4/12/2011 Item 16.C.2. financial assistance is extended. or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise 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; U) 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 Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The 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. 22 Packet Page -1897- 4/12/2011 Item 16.C.2. (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities In implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 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 of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, 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 Council or the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (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. 23 Packet Page -1898- 4/12/2011 Item 16.C.2. (7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, 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 comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex; (n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) reiating to nondiscrimination on the basis of alcohol abuse or aicoholism; (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 U.S. C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; (r) It will comply with the Laboratory Animal Welfare Act of 1966,7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; (s) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 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 U.S.C. 7419-7626; (v) It will comply with the Endangered Species Act of 1973,16 U.S.C. 1531-1544; (w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; (x) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (y) It wili comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; (z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966,16 U.S.C. 469a, et seq; (aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; (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; 24 Packet Page -1899- 4/12/2011 Item 16.C.2. (cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970,42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; (dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271.1287, related to protecting components or potential components of the national wild and scenic rivers system; (ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; (gg) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (hh) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. (ii) With respect to demolition activities, it will: 1. Create and make available documentation sufficient to demonstrate that the 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 evar 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. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 25 Packet Page -1900- 4/12/2011 Item 16.C.2. 11. Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.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. 26 Packet Page -1901- 4/12/2011 Item 16.C.2. Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION GRANT PROGRAM FUNDS RECIPIENT NAME: COLLIER COUNTY ADDRESS: CITY, STATE, ZIP CODE: PAYMENT No: DEM Agreement No: 10HM-3E-09-21-01-026 FEMA Tracking Numbers: 1785-66-R Invoice Period: to Eligible Obligated Obligated DEM Use Onlv Amount Federal Non-Federal Previous Current 100% 54.6562% 45.3438% Pavments Reouest Aooroved 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 COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT $ DATE 27 Packet Page -1902- 4/12/2011 Item 16.C.2, 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 COUNTY Disastar No, 1785-DR-FL DEM Agreement No: 10HM-3E-09-21-01-026 FEMA Tracking # 1785-66-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 100% Claim Check, or work or of vendor or contractor) by category and line item in the Schedule No.) performance approved project application and give a brief description services. of the articles or services. I I TOTAL ---- ----_._-~-~_..- 28 Packet Page -1903- 4/12/2011 Item 16.C.2. Attachment E JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: COLLIER COUNTY 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. [-1 NO ADVANCE REQUESTED U ADVANCE REQUESTED No advance payment is requested. 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. (A) (B) (C) (D) DESCRIPTION FFY FFY FFY Total 2010-2011 2011-2012 2012-2013 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES' 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) st three months expenditures need only be provided for the years In which you requested an advance. 1Fir If you do not have this information, call your consultant and they will assist you, MAXIMUM ADVANCE ALLOWED CALULATION: X $ = Cell D3 HMGP Award (Do not include match) MAXIMUM ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM L..J Recipient has no previous HMGP contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. L..J 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. 29 Packet Page -1904- 4/12/2011 Item 16.C.2. ESTIMATED EXPENSES 2010-2011 BUDGET CATEGORY Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances: 30 Packet Page -1905- 4/12/2011 Item 16.C.2. Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM RECIPIENT COLLIER COUNTY PROJECT #: 1785-66-R PROJECT LOCATION OTHER - LANDFILL DEM ID #: 11 HM-3E-09-21-01-026 DISASTER NUMBER: 1785-DR-FL QUARTER ENDING: Provide amount of advance funds disbursed for period (if applicable) $ Provide reimbursement projections for this project: July-Sep, 20_$ July-Sep, 20_$ Oct-Dee, 20_$ . Oct-Dee, 20_$ Jan-Mar, 20_$ Jan-Mar, 20_$ Apr-June, 20_$ Apr-June, 20_$ Percentage of Work Completed (may be confirmed by state inspectors): % Project Proceeding on Schedule: [J Yes [J 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: [J Cost Unchanged LJ Under Budget Ll Over Budget Additional Comments/Elaboration: NOTE: Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at any time. Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions become known, otherwise you may be found non-compliant with your sub grant award. Name and Phone Number of Person Completing This Form 31 Packet Page -1906- 4/12/2011 Item 16.C.2. Attachment G Warranties and Representations Financial Manaqement 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. Competition 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, and 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, 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. Licensinq and Permitlinq 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. 32 Packet Page -1907- 4/12/2011 Item 16.C.2. Attachment H Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient. Collier Countv . 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 Recipient's Name Name and Title 11 HM-3E-09-21-01-026 Division Contract Number Street Address City, State, Zip Date 33 Packet Page -1908- 4/12/2011 Item 16.C.2. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT CHARLIE CRIST Governor DAVID HALSTEAD Director May 17, 2010 Clayton E. Saucier, Chief Hazard Mitigation Assistance Branch, Mitigation Division FEMA - Region IV U.S. Department of Homeland Security 3003 Chamblee-Tucker Road Atlanta, GA 30341 Re: 1785-66-R (State Number 23), Collier County, Landfill Leachate Pipe, Upgrade- Request for Emergency Construction Dear Mr. Saucier: On May 14, 2010, the Florida Division of Emergency Management (DEM) received a letter from the Collier County Solid Waste Management Department, requesting permission to start construction on the Collier County Landfill leachate pipe due to the emergency nature ofthe project. The proposed project involves upsizing a segment of 1430 ft. feet of six-inch HDPE (SDR 11) pipe to replace the existing four-inch PVC pipe that leads from the Collier County Landfill to the County wastewater treatment facility collection system. The Collier County Landfill is an essential facility in the collection of mixed solid waste and storm debris. A failure of the leachate collection and delivery system could necessitate a shutdown of the landfill posing an inunediate threat to public health. Moreover, the Collier County Landfill and leachate pipe system are located near waterways that connect to the Everglades. It is important to note that after the applicant submitted the HMGP application, the area experienced several days of rain, which caused an emergency on the landfill's leachate pipe. On May 20, 2009, a segment of the landfill's leachate pipe that was to be upgraded through the HMGP project became blocked, causing a situation that threatened public health and safety. Collier County was not declared under FEMA-1840-DR-FL yet associated rainfall was sufficient to distress the system to the point of failure. The County is understandably concerned with the potential threat from the pending hurricane season that has been predicted to be very active. Due to the unceltain future of the inunediate needs funding freeze of the Disaster Relief Fund, DEM hereby requests permission for Collier County to begin construction without a FEMA obligation letter. The FEMA Region IV programmatic, technical and envirorunental staff at the Florida Recovery Office, who performed the review of this application, found this to be an FLOR~DA RECOVERY OFFICE 36 Skyline Drive Lake Mary, FL 32746*6201 . DIVISION HEADQUARTERS. 2555 Shumard Oak Boulevard Tallahassee, Fl 32399-2100 Tel, 850- P k P 1909 .1016 '" ac et age - - STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631 4/12/2011 Item 16.C.2. eligible, cost-effective and environmentally sound project. Had the immediate needs funding freeze of the Disaster Relief Fund not been imposed, the State this project would be approved and obligated by this point. Please find attached letter from the applicant as well as the State Environmentalist Maria Lopez, who concurs with the applicants' request. If you have any questions or require additional information, please contact Jason McCright, Planning Manager at (407) 268-8660. Respectfully, ~ Miles E. Anderson, Community Program Manager Bureau of Recovery and Mitigation Mitigation Section MENoc Enclosures cc: MaryJo Thurston, Collier County Solid Waste Management Packet Page -1910- 4/12/2011 Item 16.C.2. ENVIRONMENT AL CONCURRENCE Collier County Landfill, Leachate Pipe Upgrade HMGP-1785-023 Project Location: Collier County Landfill 3730 White Lake Blvd., Naples, FL 34117 Lat. 26.157498 Long. -81.657992 OVERVIEW: On May 14, 2010, FDEM received a letter from Mr. Daniel R. Rodriguez, Director of Collier County Solid Waste Management Department, requesting permission to start construction on the Collier County Landfill Leachate pipe upgrade before the project receives the award letter from FEMA. The applicant has stated that due to public health and safety issues as well as environmental risks, there is an immediate need to proceed with the proposed project of upgrading the second segment of their landfill Leachate pipe, from four inches to six inches, before the Hurricane season begins in June 1. 2010. The abovementioned project has already been recommended for HMGP funding through disaster 1785, however due to FEMA's fund freeze, the project has not been able to receive any funds at this time SCOPE OF WORK: Collier County proposes to upsize a segment of 1430 ft. feet of six-inch HDPE (SDR 11) pipe to replace the existing four-inch PVC pipe that leads from the Collier County Landfill to the County wastewater treatment facility collection system. The project will also include the addition of four pigging stations (to allow for pipe cleanouts), the addition of new valves and a new flow meter. This pipe will provide additional capacity to process leachate, which is often generated by storms and Hurricanes or other emergencies. Being exposed to garbage, leachate is considered hazardous to public health and safety. RECOMMENDATION: The completion of this project is important to avoid any risks to public health and safety. In addition, the Collier County Landfill and leachate pipe are located near waterways that connect to the Everglades, thus byfunding this project possible risks to the Everglades system can be avoided. It is important to note that after the applicant submitted the HMGP application for this project, the area experienced several days of rain, which caused an emergency on the landfill's leachate pipe. On May 20,2009, a . segment of the landfill's leachate pipe that was to be upgraded through the proposal became blocked, causing a situation that threatened public health and safety. At this time, the County had to construct/upgrade 1800 ft. of the pipe. Given the previous emergency event, the imminent risks to public health and safety, as well as the presence of important and sensitive ecosystems in close proximityto the landfill, the State supports the applicant's request to begin construction before the project is awarded i;l;I FEMA. // / ,. / I /~ ,. _ ,"1;" J _--1// /r:~~~i;:~~:s0:;~:~~ FL DEM / HMGP May 18, 2010 Packet Page -1911- 4/12/2011 Item 16.C.2. .o;~~'^ ~i ~~ ,~ .,. c, I.... ~i'.-..___:.(,;.~ {ofllil) ~tr,.. u.s. Department or """",land Security FEMA Regi.. IV 3003 Chamblet: TDtkcr Road Atlanta, GA 30341 FEMA August 12,2010 Mr. David Halstead, Director Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attention: Mr. Miles Anderson Reference: Hazard Mitigation Grant Program (HMGP) DR-1785-66-R, CoUier County, Construction of 1,430 Feet of 6 inch pipe at Collier County Landfill, Other Dear Mr. Halstead: We are pleased to inform you that the subject project has been approved for $439,109 with a Federal share of$240,000 and a non-federal share of$199,109. This includes a pre-award approval of $54,674 for the cost of conducting Project Analysis, Vendor Design, Permitting Costs and Public Notice. The following is the approved Scope of Work (SOW) for the above-referenced project: This project proposes to construct 1,430 linear ft of six (6) inch HDPE pipes to replace existing four (4) inch PVC pipes which leads from Collier County Landfill to tbe County waste water treatment facility collection system located at 3730 White Lake Blvd, Naples, Florida, 34117. The six (6) inch HDPE pipes will be connected to the existing waste water system to provide additional capacity and flow velocities to process leachate which is often generated by storms, hurricanes and other related emergencies. The system as proposed will be designed to provide a 10 year event level of protection and will protect the area from leachate excess flow spills. The period of performance (POP) for tbis project is three (3) years from the date of this correspondence. Environmental Project Conditions: . The Applicant must comply with and document all Florida Department of Environmental Protection (FDEP) permit conditions as outlined in the permit number: 52258-354- DWC/MR, dated January 25, 20 10, expires January 25, 20 15. Verification of permit conditions may be required at project close out. www.fema.gov Packet Page -1912- 4/12/2011 Item 16.C.2. . If historic or archaeological materials (or evidence thereof) are discovered, the Applicant shall stop work immediately, notify FEMA, and take all reasonable measures to avoid or minimize harm to the property. The Applicant will not proceed with work until FEMA, in consultation with the State Historic Preservation Officer (SHPO), detennines that appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act. The State HMGP Administrative Plan defines the procedure whereby the Governor's Authorized Representative (GAR) may advance portions of the approved Federal share to the subgrantee. Upon completion of the HMGP project, the subgrantee's closeout reimbursement for the final Federal share of eligible project costs must be submitted to the Regional Director for review and detennination. Quarterly progress reports for the HMGP projects are required. Please include this HMGP project in your future quarterly reports. Note that 44 CFR 206.438(c) indicates the State must provide a quarterly progress report to FEMA indicating the status and completion date for each project funded. The report will include any problems or circumstances affecting completion dates, scope of work, or project cost that may result in non-compliance with the approved grant conditions. Section 206.438(d) of 44 CFR requires the GAR to "certify that reported costs were incurred in the perfonnance of eligible work, that the approved work was completed and that the mitigation measure is in compliance with the provisions of the FEMA-State Agreement." The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP subgrantee SOW may have to be reviewed by all State and Federal agencies participating in the NEP A process. The State (grantee) must obtain prior approval from FEMA before implementing changes to the approved project SOW. According to the Unifonn Administrative Requirements for grants and cooperative agreements to State and Local Governments: . For construction projects, the grantee must "obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR l3(c)]. . A change in the scope of work must be approved by FEMA in advance regardless of the budget implications. . The grantee must notiiy FEMA 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 POP must be submitted to FEMA 60 days prior to the expiration date. . The grantee must avoid duplication of benefits between the HMGP and any other fonn of assistance, as required by Section 312 of the Stafford Act, and further clarified in 44 CFR 206.191. The obligation report is included for your records. The management report and environmental report are available in NEMIS for your review. www.fema.gov Packet Page -1913- 4/12/2011 Item 16.C.2. The obligated funds are available for withdrawal from Smartlink on sub-account number 1785DRFLPOOOOO005. If you have any questions, please contact Gabriela Vigo at (229) 225-4546. Sincerely, c~a:= Hazard Mitigation Assistance Branch Mitigation Division Enclosure www.fema.gov Packet Page -1914- 4/12/2011 Item 16.C.2. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT Governor DAVID HALSTEAD Director January 31, 2011 Mr. David Jaye Collier County 3301 Tamiami Trail, Building H, 3rd Floor Naples, Florida 34112 Re: HMGP DR-I 785-66-R (State Project Number 1785.23), Collier County, Construction of 1,430 feet of 6 inch pipe at collier County Landfill, Other - Request for Review and Approval of Contract Dear Mr. Jaye: The Division of Emergency Management (DEM) is pleased to inform you that the Federal Emergency Management Agency (FEMA) 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 pcriodic requests for payment throughout the project process, consistent with the terms of the contract. Please print four (4) copies of the proposed contract between Collier County and DEM. The official representative, as listed below, will need to sign the signature Page (pg ]4) on all four copies. All four (4) copies of the contract should then be sent to the Division Headquarters at the Tallahassee address listed below for full cxecutionno latcr than ninety (90) days after rcceipt of this letter for final cxecution. One fully executed contract will be returned to Collier County. Official Represelltatil'es: County: City: Indian Tribe: Water Management District: Non-Profit: Chairman of the Board ofCommissioncrs Mayor Chief or Prcsident Chairman Chairman of thc Board If thcre is an of1icial that is not listcd abovc who is authorized to sign the modifications for your organization, please provide a copy of the organization's resolution or charter that specifically identifics the person or position that is authorized to sign. FLORIDA RECOVERY OFFICE 36 Skyline Drive lake Mary, FL 32746.6201 . DIVISION HEADQUARTERS. 2555 Shumard Oak Boulevard Tallahassee. Fl 32399-2100 Tet: 850-413-9969. Fax: 850-488-1016 Packet Page -1915- STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631 Mr. David Jaye January 3],201 I Page Two 4/12/2011 Item 16.C.2. If you have questions regarding this contract or who is authorized to sign it, please call Holly Swift at 407-888-3781. ;; Miles E. 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