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Backup Documents 01/08-09/2013 Item #11FORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 11F TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw aline through routing lines #1 through #4. complete the checklist_ and forward to Tan Mitchell nine #Fl Route to Addressee(s) List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number I —)r', / 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed I&Etl / r // 4. by the Office of the County Attorney. This includes signature pages from ordinances, 5. Ian Mitchell, Executive Manager to the BCC Board of County Commissi r LkV-5 6. Minutes and Records Clerk of Court's Office n n PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created1prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to ocntact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Numb x N/A (Not Contact appropriate. (Initial) Applicable) Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number I —)r', / Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed I&Etl / r // Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip, Revised 6 -15 -2011 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC n n Chairman and Clerk to the Board and possibly State Officials. P (" 2. Is the Chairman's original signature required? 3. All handwritten strike - throughs and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board. 4. The Chairman's signature line date has been entered as the date of BCC approval of the � 1P document or the fmal negotiated contract date, whichever is a T 5. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's P signature and initials are required. 6. In most cases (some contracts are an exception), the original do ument and this routing slip should be provided to Ian Mithchell in the BCC office within 2 hours of BCC approval. Some documents are time sensitive and require forwarding to allahassee within a certain time frame or the BCC's actions are nullified. Be aware of deadlines! q' 7. The document was approved by the BCC on-L-1 - /3 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip, Revised 6 -15 -2011 11F MEMORANDUM Date: January 14, 2013 To: Pat Pochopin, Administrative Assistant Collier County Administrative Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Tropical Storm Debby Public Assistance Agreement # 13- DB- 73- 09 -21 -02 -530 Attached is one (1) original of the document referenced above, (Item #11F) adopted by the Board of County Commissioners on Tuesday, January 9, 2013. Please forward for additional signatures and return a fully executed original back to the Minutes & Records Department to be kept in the Board's Official Records. If you have any questions, please feel free to contact me at 252 -8411. Thank you 11F Contract Number: 13- DB- 73- 09 -21 -02 -530 Collier County Subgrantee: FIPS Number: 021- 99021 -00 Tropical Storm Debby (FEMA- 4068- DR -FL) Federally Funded Public Assistance Agreement THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereafter referred to as the "Grantee "), and Collier County (hereafter referred to as the "Subgrantee "). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS AND CONDITIONS: A. On July 3, 2012, President Barack H. Obama issued a major disaster declaration designated FEMA- 4068 -DR -FL for the State of Florida as a result of Tropical Storm Debby. As amended, the declaration authorized Public Assistance in Baker, Bradford, Charlotte, Citrus, Clay, Collier, Columbia, Dixie, Duval, Franklin, Gulf, Hamilton, Hernando, Jefferson, Lafayette, Lee, Levy, Liberty, Madison, Manatee, Nassau, Pasco, Pinellas, Putnam, Santa Rosa, Sarasota, Suwannee, Taylor, Union and Wakulla Counties. B. The FEMA -State Agreement dated July 5, 2012, between the State of Florida and the Federal Emergency Management Agency (FEMA) governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and THEREFORE, the Grantee and the Subgrantee agree to the following: (1) DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings unless another meaning is specified elsewhere: A. "Eligible activities" are those activities authorized in the FEMA -State Agreement, and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93 -288, as amended, 42 U.S.0 §§ 5121 -5207 (Stafford Act); in accordance with 44 CFR § 206.44; and applicable policies of FEMA. B. "FEMA -State Agreement" is the agreement dated July 5, 2012, between the FEMA and the State of Florida, for a presidential emergency declaration designated FEMA - 4068-DR-FL. As amended, the agreement authorized Public Assistance in Baker, Bradford, Charlotte, Citrus, Clay, Collier, Columbia, Dixie, Duval, Franklin, Gulf, Hamilton, Hernando, Jefferson, Lafayette, Lee, Levy, Liberty, Madison, Manatee, Nassau, Pasco, Pinellas, Putnam, Santa Rosa, Sarasota, Suwannee, Taylor, Union and Wakulla Counties. PA Funding Agreement for FEMA- 4068 -DR IIF (2) APPLICABLE LAW The parties agree to all the conditions, obligations, and duties imposed by the FEMA -State Agreement and all applicable State and federal legal requirements including, without any limitation on the generality of the foregoing, the requirements of Title 44 of the Code of Federal Regulations (CFR) Part(s) 13 and 206, and the policies of the FEMA. The Subgrantee further agrees to comply with the Statement of Assurances attached hereto as Attachment "A." (3) FUNDING AND INSURANCE Subject to an advancement of funds by Grantee to the Subgrantee, the Grantee shall otherwise provide funds on a cost reimbursement basis to the Subgrantee for eligible activities approved by the Grantee and FEMA, as specified in the approved Subgrantee Project Worksheets. However, the Grantee's performance and obligation to pay under this Agreement is contingent upon an appropriation by the State Legislature, subject to any modification in accordance with Chapter 216, Florida Statutes or Florida Constitution, and disbursement shall be consistent with section 252.37, Florida Statutes. The Grantee may provide some portion of any nonfederal share for some subgrantees. As a condition of receipt of the federal funding, the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. The federal allowable costs shall be determined as per 44 CFR Part(s) 13 and 206, which shall be seventy -five (75) percent of all eligible costs unless a higher percentage is approved. A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy -five percent of all eligible costs, unless a higher percentage is approved. B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or FEMA that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, for damaged facilities and pursuant to 44 CFR § 206.253, the Subgrantee shall maintain such types of insurance as are reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the insured facility, whichever is the lesser. (4) DUPLICATION OF BENEFITS PROHIBITION Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Without delay, Subgrantee shall advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. All such duplicate benefits are "ineligible costs" which the Subgrantee shall reimburse to the Grantee without delay. The Subgrantee shall also reimburse the Grantee if the Subgrantee receives any duplicate benefits from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee. PA Funding Agreement for FEMA - 4068 -DR 2 11F B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its execution of this Agreement, the Subgrantee gives Grantee or the chief financial officer of the Florida Department of Financial Services the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee, or to use such remedies available at law or equity to the repayment of said sums to Grantee. (5) COMPLIANCE WITH ENVIRONMENTAL PLANNING AND PERMITTING LAWS. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee, and in accordance with applicable legal requirements. If applicable, the contract documents for any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be consistent with the local government comprehensive plan. Subgrantee shall ensure that any development or development order complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent, properly licensed engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. (6) REQUIRED DOCUMENTATION REVIEWS AND INSPECTIONS Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with any and all accrued interest. A. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion. B. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been performed within the scope of work specked on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. C. Subgrantee shall submit the following documentation for Large Projects (the Large Project threshold for this declaration is $66,400.00), which can be found at www.FloridaPA.org: 1. a request for reimbursement; 2. a summary of documentation, which shall be supported by original documents such as contract documents, invoices, purchase orders, and change orders; 3. a request for final inspection; 4. a signed Project Completion and Certification Report upon the completion of all projects; and 5. a Project Completion and Certification Report specified by subparagraph (6)A. of this Agreement. PA Funding Agreement for FEMA- 4068 -DR 3 11F (7) COST SHARING. The federal share of the eligible costs specified in the Project Worksheets under this Agreement shall be seventy five (75) percent of such costs, unless a higher percentage is approved, and the nonfederal share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 CFR Part 206.228 and do not require matching funds may also be funded by FEMA. (8) PAYMENT OF COSTS. Grantee shall disburse the eligible costs to Subgrantee in accordance with the following procedures: A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for "Small Projects" to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the FEMA of its approval of the pertinent Small Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for "Large Projects" as soon as practicable after execution of this Agreement and formal notification by the FEMA of its approval of the pertinent Large Project Worksheet. The Invoice from the Subgrantee requesting this reimbursement must include: 1. a Request for Reimbursement available at www.FloridaPA.ora; 2. a Summary of Documentation which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders, canceled checks (or other proof of expenditure), etc..., which is also available at www.FloridaPA.org; and 3. a letter or notification certifying that the reported costs were incurred in the performance of eligible work. C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions: 1. Subgrantee shall certify to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, which also specifies the amount of funds requested and certifies that the advanced funds will be expended within 90 days of the advance; 4. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the FEMA as often as practicable, but not later than ten (10) business days after the close of each calendar quarter. D. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the FEMA that a previous disbursement of funds under this Agreement was improper. PA Funding Agreement for FEMA - 4068 -DR 4 11F E. 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 (24) 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 1990. All advances are required to be held in an interest - bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment "E." Attachment "E" will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. F. As project costs are incurred, invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. Invoices shall be accompanied by a statement signed and dated by an authorized representative of the Recipient certifying that "all disbursements made in accordance with conditions of the Division agreement and payment is due and has not been previously requested for these amounts." The supporting documentation must comply with the documentation requirements of applicable OMB Circular Cost Principles. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division contract manager as part of the Recipient's quarterly reporting as referenced in Paragraph 20 of this Agreement. G. 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 Paragraph (3) or (7) 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. (9) FINAL PAYMENT. Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: A. Subgrantee shall have completed the project to the satisfaction of the Grantee; B. Subgrantee shall have submitted the documentation specified in Paragraphs (6) and (8) of this Agreement; C. in the case of Large Projects, the Grantee shall have performed the final inspection; or D. in the case of Small Projects, the project listing and certification shall have been reviewed by Grantee, or Grantee shall have performed a final inspection; and E. Subgrantee shall have requested final reimbursement. (10)RECORDS MAINTENANCE The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: PA Funding Agreement for FEMA- 4068 -DR 5 11F A. The 'Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 CFR Part 13, as amended. B. Office of Management and Budget Circular (OMB) No. A -87, "Cost Principles for State and Local Governments," as amended. C. OMB Circular A -110, "Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations," as amended. D. OMB Circular A -122, "Cost Principles for Non -Profit Organizations." as amended. E. OMB Circular A -133, "Audits of States, Local Governments, and Non - Profit Organizations,' as amended. F. Subgrantee shall retain sufficient records to show its compliance with the terms of this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives under this Agreement and all other applicable laws and regulations, for a period of five years from the date of the final inspection and audit. The Subgrantee shall allow the Grantee or its designee, the comptroller general of the United States, FEMA, the chief financial officer or the auditor general of the State, access to records upon request. 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 extend 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. G. The Subgrantee, 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 Grantee, its employees, and agents (including auditors retained by the Grantee). "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. (11)REIMBURSEMENT OF FUNDS If upon final inspection, final audit, or other review by Grantee, FEMA or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty -five (45) days from the date Subgrantee is notified of such determination. (12)REPAYMENT BY SUBGRANTEE All refunds or repayments due to the Grantee under this Agreement are to be made payable to the order of "Division of Emergency Management, Cashier" and mailed directly to the following address: Cashier, Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 -2100. In accordance with section 215.34 (2), Florida Statutes, if a check or other draft is returned to the Grantee for collection, Recipient shall pay the Grantee a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. PA Funding Agreement for FEMA - 4068 -DR 6 11F (13)AUDIT. A. The Subgrantee 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 all reasonable times for inspection, review, or audit by State personnel and other personnel duly authorized by the Grantee. 'Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. C. The Subgrantee shall also provide the Grantee or its designee with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. D. If a subgrantee is a State or local government or a non - profits organization as defined in OMB Circular A -133, as revised, and if the Subgrantee expends $500,000 or more, then the subgrantee shall have a single or program specific audit conducted which meets the requirements of the Single Audit Act of 1984, 31 U.S.C, ss. 7501 -7507, OMB Circular A -133 Part .200 for the purposes of auditing and monitoring the funds awarded under this Agreement. In connection with the aforementioned audit requirement, the subgrantee shall fulfill for auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 1. If an annual financial audit report is required, it shall include all management letters and the contractor's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. The complete financial audit report, including all items specified in 1 and 2 above shall be sent directly to: Office of the Inspector General, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 -2100. An electronic copy shall also be submitted (via email) to: DEMSingle—Audit@em.myflorida.com. E. If a subgrantee spends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provision of OMB Circular A -133, as revised, is not required. In the event the contractor expends less than $500,000 in federal awards in its fiscal year and chooses to have an audit conducted in accordance with OMB Circular A -133 Part .200, as revised, the cost of the audit must be paid from non - federal funds. F. In the event an audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Subgrantee shall be held liable for reimbursement to the Grantee of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Grantee has notified the contractor of such non - compliance. G. If audit is conducted as required by subparagraph D. above, the subgrantee shall send a copy of the reporting package as described Part .320 (c) of OMB Circular A -133, as revised, to the Grantee at each of the following addresses: Office of the Inspector General Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 PA Funding Agreement for FEMA- 4068 -DR 7 11F As required by OMB Circular A -133 Part .320 (d), all auditees shall submit the data collection form and one copy of the reporting package to the Federal Audit Clearinghouse at the following address: Federal Audit Clearinghouse, Bureau of the Census, 1201 East 10"' Street, Jeffersonville, IN 47132. H. Pursuant to Part .320 (e) of OMB Circular A -133, auditees that are subrecipients shall submit to each pass - through entity one copy of the reporting package describe in Part .320 (c) I. Any reports, management letter, or other information required to be submitted to the Grantee pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, section(s) 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Florida Statutes, and Rules of the Auditor General, as applicable. J. Subgrantee, when submitting financial reporting packages to the Grantee for audits done in accordance with OMB Circular A -133 or section(s) 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Florida Statutes, or Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. K. In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the contractor shall be held liable for reimbursement to the Grantee of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Grantee has noted the Grantee of such non - compliance. L. A subgrantee shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. If the subgrantee is a State agency, an audit conducted by the Florida Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this paragraph. The IPA shall state that the audit complied with the applicable provisions noted above. If an audit is required, the audit must be submitted to the Grantee no later than nine (9) months from the end of the Subgrantee's fiscal year. (14)NONCOMPLIANCE. If the Subgrantee violates this Agreement or any statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this Agreement and invoke its remedies under the Agreement as per Paragraph 24 of this Agreement. (15)NONDISCRIMINATION BY CONTRACTORS Pursuant to 44 CFR Parts 7 and 16, and 44 CFR Part 206.36, the Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement. Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 CFR Part 17. PA Funding Agreement for FEMA - 4068 -DR 8 11F (16)MODIFICATION. The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion of FEMA. Any approved modification to a Project Worksheet shall be noted in an additional Project Worksheet version for the project and in any amendment to this Agreement. If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement. (17)TIME FOR PERFORMANCE The time for the performance of eligible emergency work shall be six (6) months from the date of the presidential emergency declaration, unless extended by the Grantee or FEMA. The time for the performance of eligible permanent work shall be eighteen (18) months from the date of the presidential emergency declaration, unless extended by the Grantee or FEMA. The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be approved for delays caused by lack of cost -share funding. If any extension request is denied by the Grantee or not sought by the Subgrantee, Subgrantee shall only be reimbursed for eligible project costs incurred up to the latest extension for completed projects. Failure to complete any project will be adequate cause for the termination of funding for that project and reimbursement of any and all project costs. (18)CONTRACTS WITH OTHERS If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract. The Subgrantee shall also document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Subgrantee shall provide a written statement to the Grantee as to whether the subcontractor is a minority vendor, as defined in section 288.703, Florida Statutes. 0 9)LIABILITY. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered under section 768.28 (5), Florida Statute, the Subgrantee shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnity Grantee from claims asserted by third parties in connection with the performance of this Agreement, holding Grantee and Subgrantee harmless from the same. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or agent of the other, but that each one stands as an independent contractor in relation to the other. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites are present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, State or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. PA Funding Agreement for FEMA4068 -DR 9 11F (20)REPORTS. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming to the sample attached as Attachment "B," and available on www.FloridaPA.org. The first Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer. (21)MONITORING. The Subgrantee shall monitor its performance under this Agreement, as well as that of its subcontractors, Subgrantee and consultants who are paid from funds provided under this Agreement, to ensure that performance under this Agreement are achieved and satisfactorily performed and in compliance with applicable State and federal laws and rules. In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised and section 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on -site visits by Grantee or its agent, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this Agreement, the Subgrantee agrees to comply and cooperate with all monitoring procedures /processes deemed appropriate by the Grantee. In the event that the Grantee determines that a limited scope audit of the Subgrantee is appropriate, the Subgrantee agrees to comply with any additional instructions provided by the Grantee to the Subgrantee regarding such audit. The Subgrantee further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Grantee will monitor the performance and financial management by the Subgrantee throughout the contract term to ensure timely completion of all tasks. (22)MANDATED CONDITIONS. Subgrantee agrees to the following conditions: A. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre -audit and post - audit. B. Grantee may unilaterally terminate this Agreement for refusal by the Subgrantee or its contractors or subcontractors to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statute, that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement. C. Subgrantee agrees that no funds or other resources received from the Grantee disbursed to it under this Agreement will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any State agency. D. Subgrantee certifies that it possesses the legal authority to receive the funds under this Agreement and that it's governing body (if applicable) has authorized the execution and acceptance of this Agreement. The Subgrantee also certifies that the undersigned person has the authority to legally execute and bind Subgrantee to the terms of this Agreement. PA Funding Agreement for FEMA- 4068 -DR 10 I I E. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or termination of funding under this Agreement, and may affect eligibility for funding under future Subgrantee Agreements. F. If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with section 112.061, Florida Statute, G. The Grantee will not intentionally award publicly - funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA")). The Grantee shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Subgrantee of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Grantee. H. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. I. If applicable, the Subgrantee agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. J. With respect to any subgrantee other than a State agency or political subdivision of the State, which receives funds under this Agreement from the federal government, by signing this Agreement, the Subgrantee 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 Agreement had one or more public transactions (federal, State or local) terminated for cause or default; and 3. have not within a five -year period preceding this proposal been convicted of or had a civil judgment rendered against them for (a) the commission of 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, or (b) violation of federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Where the Subgrantee is unable to certify to any of the statements in this certification, the Subgrantee shall submit to the Grantee (by email or facsimile) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" for each prospective subcontractor which Subgrantee intends to fund under this Agreement. See Attachment "C ". Such form must be received by the Grantee prior to the Subgrantee entering into a contract with any prospective subcontractor. PA Funding Agreement for FEMA- 4068 -DR 11 11F K. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subgrantee in this Agreement, in any subsequent submission or response to Grantee request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Grantee and with thirty (30) days written notice to the Subgrantee, cause the termination of this Agreement and the release of the Grantee from all its obligations to the Subgrantee. L. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. M. The Subgrantee certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: No federal appropriated funds have been paid or will be paid, by or on behalf of the 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. 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 undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub grantees shall certify and disclose accordingly. 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. N. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement have been produced in the United States as required 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23)TERM. This Agreement shall take effect upon its execution by both parties, and shall terminate upon approval of closeout by FEMA, unless terminated earlier as specified elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without delay. PA Funding Agreement for FEMA - 4068 -DR 12 I IF (24)EVENTS OF DEFAULT REMEDIES AND TERMINATION A. Upon the occurrence of any one or more of the following events of default, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of the following: 1. any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect, or Subgrantee has breached any condition of this Agreement with Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; 2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, 4 Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee; 3. any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or 4. the monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the State Legislature, Florida Department of Financial Services, Congress or Office of Management and Budget. B. Upon the occurrence of any one or more of the foregoing events of default, Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of Subgrantee to cure, Grantee may exercise any one or more of the following remedies: 1. terminate this Agreement upon not less than fifteen (15) days notice of such termination by certified letter to the Subgrantee at the address specified in Attachment "D" of this Agreement, such notice to take effect when delivered to Subgrantee; 2. commence a legal action for the judicial enforcement of this Agreement; 3. withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this Agreement with Subgrantee; and 4. take any other remedial actions that may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or nonperformance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. D. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. E. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or for adjudication of rights, interests, or duties of the parties to it shall lie in the Circuit Court for Leon County, State of Florida. F. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event that FEMA should deobligate funds formerly allowed under this Agreement, the Subgrantee shall immediately repay such funds to PA Funding Agreement for FEMA- 4068 -DR 13 11F Grantee. Any deobligation of funds or other determination by FEMA shall be addressed in accordance with the regulations of that Agency. (25)ATTACHMENTS. A. All attachments to this Agreement if any are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it if any, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. Note: All other grant administrative and electronic forms will be provided by Grantee as necessary or posted on the Grantee's website at www.FloridaPA.org. (26)NOTICE AND CONTACT. All notices under this Agreement shall be in writing and shall be delivered by email, by facsimile, by hand, or by certified letter to the Grantee at the following addresses ( Subgrantee shall complete and submit Attachment "D" which shall serve as the Notice and Contact for the Subgrantee): Grantee: Leo Lachat, Bureau Chief Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 Email: leo. lachatOem. mvflorida.com (27)DESIGNATION OF AGENT. Subgrantee must complete Attachment "D' by designating two agents to execute any Request for Advance or Reimbursement, certification, or other necessary documentation on behalf of Subgrantee. PA Funding Agreement for FEMA- 4068 -DR 14 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT SIGNATURE PAGE Tropical Storm Debby FEDERALLY FUNDED PUBLIC ASSISTANCE AGREEMENT (FEMA- 4068- DR -FL) IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: DIVISION OF EMERGENCY MANAGEMENT Governor's Authorized Representative Date FOR THE SUBGRANTEE: Federal Employer Identification Number (FEIN): 5 9 A_ IOW! gE. $RQW -CLERK Depu*,Qwik Attest SS to {ty tnw et 31904tu" wR PA Funding Agreement for FEMA- 4068 -DR tApto rm and legal sufficiency : ow 15 11F Attachment "A" Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A -21, A -110, A -122, A -128, A -87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally- assisted project. Additionally, to the extent the following provisions apply to this Agreement, the Subgrantee assures and certifies that: 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion or similar action has been duly adopted or passed as an official act of the sub - grantee's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the subgrantee to act in connection with the application and to provide such additional information as may be required. 2. It will have sufficient funds available to meet the non - Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed. 3. It will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the grant program(s) have been meta 4. It will provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the Federal grantor agency may need. 5. It will cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be prosecuted to completion with reasonable diligence. 6. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is the longer. 7. (To the best of his knowledge and belief) the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 Code of Federal Regulations, Part 206, and applicable FEMA Handbooks. 8. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not or will not duplicate benefits received for the same loss from another source. 9. It will (1) provide without cost to the United States and the Grantee all lands, easements and rights -of- way necessary for accomplishments of the approved work; (2) hold and save the United States and the Grantee free from damages due to the approved work or Federal funding. 11F 10. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, reimbursements, advances, contracts, property, discounts of other Federal financial assistance extended after the date hereof to the subgrantee by FEMA, that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this assurance and that the United States and the Grantee shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the subgrantee, its successors, transferees, and assignees, and the person or persons whose signatures appear on the reverse as authorized to sign this assurance on behalf of the subgrantee. 11. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally- assisted programs. 12. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501,et. seq.) 13. 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. 14. It will establish safeguards to prohibit employees from using their 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. 15. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 16. It will comply with the 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. 17. It will comply with the 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. 18. 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. 19. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 20. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 21. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 11F 22. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, 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 that has been identified by the Secretary of the Department of Housing and Urban Development as an 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. 23. It will comply with the insurance requirements of Section 314, PL 93 -288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or constructed with this assistance. 24. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a -1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, 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 Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 25. It will comply with all appropriate environmental laws, including but not limited to: a.) The Clean Air Act of 1955, as amended, 42 U.S.C. 7401 -7642. b.) The Clean Water Act of 1977, as amended, 42 U.S.C. 7419 -7626. c.) The Endangered Species Act of 1973, 16 U.S.C. 1531 -1544. d.) The Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728 -4763. e.) Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321 -4347. f.) 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. g.) The Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661 -666. h.) 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. i.) The provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 26. 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). 27. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 28. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination /Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 11F 29. 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. 30. 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. 31. With respect to demolition activities, it will: a.) Create and make available documentation sufficient to demonstrate that the Subgrantee and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. b.) Return the property to its natural state as though no improvements had ever been contained thereon. c.) Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in Subgrantee'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. d.) Provide documentation of the inspection results for each structure to indicate: safety hazards present; health hazards present; and/or hazardous materials present. e.) Provide supervision over contractors or employees employed by Subgrantee to remove asbestos and lead from demolished or otherwise applicable structures. f.) Leave the demolished site clean, level and free of debris. g.) Notify the Grantee promptly of any unusual existing condition which hampers the contractors work. h.) Obtain all required permits. L) 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, and provide documentation of such closures. j.) 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). k.) 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. I.) Provide documentation of public notices for demolition activities. 32. It will comply, and all its contractors will comply, with the non - discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A. Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 33. It will require the facility to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped," Number A117.1- 1961, as modified (41 CFR 101 -17- 7031). The subgranee will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 11F 34. It agrees to comply with Section 311, P.L. 93-288 and with Title VI of the Civil Rights Act of 1964 (P.L. 83 -352) and in accordance with Title VI of the Act, no person in the United Grantees shall, on the ground 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 subgrantee receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the subgrantee, this assurance shall obligate the subgrantee, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. 35. It agrees to comply with Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship. 36. 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. 37. It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521- 45 -94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism. 38. 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. 39. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 40. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 41. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 11p ATTACHMENT "B" Public Assistance Quarterly Report Available for Each Subgrantee on www.FloridaPA.org o.«aeyrayoa _ __ wt /r.w�rpreNy�ee.�►erawt�arK W�iNP+Yrtitrar. WIMVt .rar :wx. Wr+.. W e.an rs tv+.M�••anAr rWIY�2awioMr'WpRwMIMaMwabwal� M.O�..r..bMMe�MitLM�.aYMtfY.�ar H•�p�WMp�gN iwR.�Ilt I y�� arMtl�eY tWYt�Nraw•Oa1tM�(� OPI�O1yrN W.�um OlMAI �� ►.MYwOwr aweM..nrr.s .... It!.•4q Ii.. ite O�.eMr•Or _ 1!Nmae. i {i.Wee NMMrstr�rr „�eyy' '� i!E- .� Yig101M Mjeww raft b M N I M fte"On "d R++�.ure'rgewe -Wt�r. � Ind b�Nrfl'1Mtp: o.a.e �� Mel WNiwerfHe�i � �p�j � /she ! Daft ..a +•P +�rW +:v K3sw CM.r�k C"M um ' �� . T1y OAiIOtlTMM���uaWMA►a�1y,YN `SOS C 11F Attachment "C" Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Subcontractor Covered Transactions: I. The prospective subcontractor of the Subgrantee 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 Subgrantee's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: Name of Company Street Address City, State, 'Lip Federal Employer Identification Number (FEIN) By: Signature Date Subgrantee's Name Grantee Agreement Number ri DESIGNATION OF SUBGRANTEE'S AGENT FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM Florida Division of Emergency Management Sub - Grantee Cr ii L v 1� t e(- Cc"( A aCz � r3 o � CC) QA coMoftfV1 0VA-C 4 Primary Agent Secondary Agent Agent's Name M ( Cog Agent's Name Lei's Pr G a e / Signature W2�2 G"� Signa � r Or anization I Official Position Q �v.�r A l rg nization / O cial sition �: YO �m►n SeruiLe r, er-4.{ no c-4- I" ni d rc.To -S Wiling Addres Sui ' e 5 _Mailing Address 3Z'77 T4 Tray l r y, tote, ip — - - - -- a les (L 3�11j1 - -5N y i a e Lip a es �( 11) -Z 57y� Daytime Telephone Z39' Z 5 Z - &33 Dayt me Telephone Z -S 1 25 Z — gctt9$ Facsimile Number Facsimile Number ail A dres /� iG ct C °it�l f;o/�p'e f flJ, /i Z� mail Actress 2 N F'rr'ce COii ; a rj L-)U.N 2� The above Primary and Secondary Agents are hereby authorized to execute and file Application for Public Assistance on behalf of the Sub - grantee for the purpose of obtaining certain Grantee and federal financial assistance under the Robert T. Stafford Disaster Relief & Emergency Assistance Act, (Public Law 93 -288 as amended) or otherwise available. These agents are authorized to represent and act for the Sub - Grantee in all dealings with the Grantee of Florida, Grantee for all matters pertaining to such disaster assistance required by the agreements and assurances printed on page 2 hereof. Additional authorized contacts may be registered on the Grantee's PA Website www.florida a.or for full or read only access by the above authorized Agents. Chief Financial Officer Sub- Grantee's Authority/Board/Commission ame Official's Name S G C S6 � 4, 4 14 A Sig at e el gna a IS IO.r /a-nization/r�/ ositio-(n� l orffCe 01- OAlt-4- r.?�� � Pif -ecfo% Ora } \on ff /icial Position 1 Lil'�3 � (0U. c 60INiMi- W&AIIJ A ajr Mailing Address 3 7 y I Tu ���e �,: Tra F, St, i ie_ 707-- Mailing Address 3211 rr. i I 3o3 i y, StIte, Zip d.P el F C 3 `1 llz - 57 �� i y, St te, Zip is Fes FL 221/z Daytime Telephone i 39 2-S2 - >Y'7)1 Daytime Telephone 259 2S-2 -9312 Facsimile Number Facsimile Number 2 34 252 - 3 0 2 E-mail dress / E -mail AddrA — l</- a ft� q -t c n 60�C.I� isr ►� , -Fs c . Sub - Grantee's Grantee Cognizant Agency for Single Audit purposes:: Florida Division of Emergency Management Sub - Grantee's Fiscal Year (FY) Start t 0 'f L Month: c a C J Da Sub - Grantee's Federal Employer's Identification Number (EIN) 5 ci - 60ooS'58 Sub - Grantee's FIPS Number (If Known) ()2.1 -11pil - 00 Sub Gta qe Afit4ority /Board /Commission Signature ATTEST:.. L 9 D RK � O e . , to CAa Irk A Page t Ap rm and legal sufficiency: leffr atzkow Coun , . orney F 12/9/1 IF CEF Fact Sheet Collier (County) - South Marco Beach f Estimate: December 2, 2012 Re ion: IV er s : k Gre Slatton ant Name: Collier (Coun ) t Title: South Marco Beach .Damaged Facili : South Marco Beach Declaration Number: FEMA 4068 DR FL Wroject Number: ICHGGS13 IPA ID No.. ngi- Aangi -nn 12, 2012 12 /.7-26-2012 of Work: New, Repair, etc.) cope: WORK TO BE COMPLETED Applicant requests FEMA PA reimbursement of costs to replace sand erosion associated with T.S. Debby. Debby- related sand loss is 13,228 CY.. Replacement of 13,228 CY of erosion is not environmentally, logistically, or economically feasible. Applicant requested the replacement of 76,728 CY of T.S. Fay (DR1785, PW 561) erosion; that work has not been done. Applicant requested an improved project for the DR1785 PW. Applicant has indicated that he intends to request that the Debby losses be considered as part of an improved project to be rolled into the next county -wide renourishment. The cost estimate for this PW is based on estimated unit costs for DR1785 PW 561. No additional costs for mobilization /demobilization, environmental monitoring, or a geotechnical study are included since those costs were estimated and included in the DR1785 PW. 1 of 1 CEF CCGGS13 South Marco Island.xls 12/9/20 1 F CEF Notes Collier (County) - South Marco Beach Damaged Facili South Marco Beach Applicant Name: Collier (County) Project Number: CHGGS13 Date of Estimate: December 2, 2012 Pre arer s : Greg Slatton Part A Notes: A.1 - Costs in Part A from applicant's historical data, A.2 - Part B Notes: B.1 - Included in cost from historical data B.2 - Included in cost from historical data and RS Means unit costs Part C Notes: CA - Included in cost from historical data C.2 - NA C.3 - Included in cost from historical data and RS Means CA - NA Part D Notes: DA - Included in cost from historical data D.2 - Included in cost from historical data D.3 - Included in cost from historical data Part E Notes: EA - 12 months for design, bid, award + 1 month to construct for 12.5 months to mid point of construction. Part F Notes: F.1 - No plan review fee. F.2 - FDEP Bureau of Beaches and Costal Systems -Joint Coastal Permit 6 to 10 year permit Part G Notes: G.1 - Applicants reserve for change order (3 %) Part H Notes: HA - Applicants Project Management- Design Phase (1 %) H.2 - A/E Design Cost (curve B) 9.7% based on $3M renourisment H.3 - Project Management - Construction Phase 3% Miscellaneous Quantity of Sand Grading (Item 2) is based on percentage of Notes & beach length added to this PW over the DR 1785 PW. (9594LF- Comments: 4383LF)/4383LF) -10.06 Acres= 12 Acres Use mouse to Activate Cursor 1 of 1 CEF CCGGS13 South Marco Island.xls 12/9/2 , 21 F CEF Part A Estimate Collier (County) - South Marco Beach Item No. Item Description Title / Component Description Div. # or Cost Code Qty Units Unit Price City Adj Factor Total Cost Completed Permanent I $ Hs $ - $ Completed - Permanent Total $ - Non- Permanent $ $ - $ $ - Completed - Non - Permanent Total $ Uncompleted Permanent 1 2 Sand, dredge Sand, place and grade Historical Data Historical Data 13,228 12 CY Acre $ 8.10 $ 1,600.00 1.00 1.00 $ 107,146.80 $ 19,200.00 Uncompleted - Permanent Total JL 126,346.80 Non - Permanent $ - $ $ - $ - Uncompleted - Non - Permanent Total $ - TOTAL PART A BASE CONSTRUCTION COST $ 126,346.80 1 of 1 CEF CCGGS13 South Marco Island.xls 12/9112 Summary for Uncompleted Work 1o(2 CEF CCGGSl3 South Marco Ialand.,ds tverzoiz Summary for Uncompleted Work 2 of 2 CEF CCGGS13 South Marco Island xis 1F12/9/2012 Total Project Summary Collier (County) - South Marco Beach PART A ''Base Costs" for Construction Work In Trades wmPR•caa uncom IeteO Total A.1 Permanent Work S $ $ 126,347 $ 126,347 A.2 Non - Permanent Job Specific Work (From Part A Estimate) $ $ 'PART B General Requirements $ 6.1 and General Conditions General Requirements $ $ $ $ B.2 General Conditions $ $ $ PART C Construction Cost Contingencies (Design arid Construction) $ S C.1 Standard Design -Phase Scope Contingencies $ $ $ C.2 Facility or Project Constructability $ $ $ C.3 Access, Storage, and Staging Contingencies $ $ $ C.4 Economies of Scale in New Construction $ $ $ PART D General • • Overhead 0.1 General Contractor's Home Office Overhead Costs $ $ $ D.2 General Contractor's Insurance, Payment, and Performance Bonds $ $ $ D.3 Contractor's Profit $ $ $ PART E Escalation Allowance —Cost PART F Plan Review 5.015 $ 5.015 F.1 and Construction Permit Costs Plan Review Fees Is $ $ F.2 PART G Applicant's PART Construction Permit Fees Reserve for Construction Is S Is S 9,195 $ $ 9,195 H Applicant's Project Management arid Design Costs 0 •. H.1 Applicant's Project Management- Design Phase $ $ $ H.2 Architecture & Engineering Design Contract Costs $ $ 12,203 $ 12,203 H.3 Project Management - Construction Phase $ $ 8,433 $ 8,433 Complete Project Total 1 of 1 CEF CCGGS13 South Marco Island.)ds ' Federal Emergency Management Agency E- Grants Page 1 of 9 11F P Applicant Name: pplication Title: COLLIER (COUNTY) CCGGSI3 - South Marco Beach Period of Performance Start: Period of Performance End: 01 -03 -2014 Subgrant Application - Entire Application Application Title: CCGGSI3 - South Marco Beach Application Number: Application Type: Subgrant Application (13W) Prefix First Name Middle Initial Last Name Title Agency /Organization Name Address 1 Address 2 City State Zip Email ' Preparer Information Mr. GREGORY SLATTO N Beach Specialist FEMA PA TAC FEMA JFO 1940 N. Monroe Street, Ste 79 Tallahassee FL 32303 Gregory.Slatton @associates.dhs.gov Is the application preparer the Point of Contact? No Prefix First Name Middle Initial Last Name Title Agency /Organization Address 1 Address 2 City State ZIP Point of Contact Information Mr. Len Price Administrator - Administrative Services Division Collier (County) 3299 East Tamiami Trail Suite 601 Naples FL 34112-5749 https: / /isource.fema .net/emmie /viewApplication.do 12/14/2012 Federal Emergency Management Agency E- Grants Page 2 of 9 11F Phone 239 - 252 -8908 Fax 239 - 252 -8720 Email lenprice @colliergov.net Alternate Point of Contact Information Prefix Mr. First Name Bill Middle Initial Last Name Johnson Title State Public Assistance Officer Agency /Organization Florida Division of Emergency Management Address 1 2555 Shummard Oak Blvd. Address 2 City Tallahassee State FL ZIP 32399 Phone 850 - 413 -9873 Fax Email bill.johnson @em.myflorida.com Project Description Disaster Number: 4068 Pre - Application Number: PA- 04- FL- 4068 -RPA -0063 Applicant ID: 021 - 99021 -00 Applicant Name: COLLIER (COUNTY) Subdivision: Project Number: CCGGS13 Standard Project Number/Title: 799 - Recreational or Other Please Indicate the Project Type: Neither Alternate nor Improved Application Title: CCGGS13 - South Marco Beach Category: G.RECREATIONAL OR OTHER Percentage Work Completed? 0.0% As of Date: 11 -29 -2012 Comments Applicant may request an Improved Project to incorporate repairs decribed in this PW with a planned renourishment project. 11/30/12 - As described in 44 CFR 13.43, applicant must maintain all work - related records for a period of three (3) years from applicant closure (final payment), all records relative this project worksheet are subject to examination and audit by the State, FEMA and the Comptroller General of the United States and must reflect work related to disaster specific costs. Attachments Damage Facilities (Part 1 of 2) Facility Facility Name Address County City State ZIP Site Action Number Previously https://isource.fema.net/emmie/viewApplication.do 12/14/2012 ' Federal Emergency Management Agency E- Grants Page 3 of 9 11F Damaged? 1 South Marco Beach South Marco Island Collier Naples FL 34112 Yes Comments Attachments User Date Document Type Description Hard Copy File Reference GREGORY 12: Additional SLATTON Information Marco Beach 2012 pW and docs GREGORY 12- FDEP SLATTON 02- Drawings /Sketches approved 2012 plans FDEP Permit GREGORY o2- Additional Modification SLATTON 2012 Information adding north beach GREGORY 12- Additional FDEP Beach SLATTON 02 Information Management 2012 Plan excerpt GREGORY 02- 02- Ma p Location SLATTON Map GREGORY 02- 02- Photos Site Visit SLATTON Photos GREGORY 12 02- Drawings /Sketches Marco Beach SLATTON 2012 Plans GREGORY 12 Additional Volume SLATTON Information CTable nge 2012 Facility Name: South Marco Beach Address 1: South Marco Island Address 2: County: Collier City: Naples State: FL ZIP: 34112 Was this site previously damaged? Yes Location: South Marco Island, FL File Name Action DR1785 PW and docs.pdf View (9.17 Mb) 2005 Permit% 20Drawings %20(12 -22- View 05).pdf(1.62 Mb) 2006 Permit Mod(12 -27- View 06).pdf(2.42 Mb) FDEP Beach Management Plan - S. View Marco excerpt.pdf(28.88 kb) Location Map.pdf(898.71 View kb) Photo Sheet.pdf(287.75 View kb) SMarcoFinalDrawings.pdf View (841.82 kb) Marco Volume Change View Table.pdf(39.27 kb) https: / /isource.fema .net/emmie /viewApplication.do 12/14/2012 Federal Emergency Management Agency E- Grants Page 4 of 91 1F DAMAGE DESCRIPTION As a result of high winds and surf associated with Tropical Storm (TS) Debby, the applicant- maintained public beach lying between FDEP R- monuments R139 and G -5 in Collier County sustained significant beach erosion. Applicant's estimated erosion along 9,594 linear feet (LF) of Damage Description and Dimensions: shoreline is based upon a pre -storm survey (December 2011) and post - storm survey (August 2012) by applicant's coastal engineer, Atkins. The attached Collier County Tropical Storm Debby Post -Storm Report, October 2012, describes survey methodology and details volume change locations in Table 16. Table 16 details losses along the full profile width of engineered beach between R139 to G -5, and shows that a total of 16,959 CY eroded during the 8 -month period December 2011 — August 2012. `SCOPE OF WORK` WORK TO BE COMPLETED As an engineered, nourished, and regularly- maintained beach, South Marco Beach is eligible under Category G for PA funding to restore it to its pre- disaster condition. Applicant requests FEMA PA reimbursement of costs to replace sand erosion attributable to T.S. Debby. Debby - related sand loss is the volume lost between the applicant's pre- and -post storm surveys minus normally - occurring background losses during that 8 -month interval. The engineering report does not detail the background losses, but states that the project area lost 5,595 CY between December 2010 and December 2011, a monthly rate of 466 CY. The Debby- caused loss was 16,959 CY — 466 CY /mo x 8 months = 13,228 CY. The attached Volume Change Table details the changes over the improved beach. Applicant plans to replace the Debby - related losses as an integral part of his next scheduled beach renourishment project along with the replacement of 76,728 CY of T.S. Fay loss previously approved in Improved Project DR1785 -PW 561. Applicant will include this PW's sand volume as a separate contract line item. No work has been done to date. The cost estimate for this PW is based on estimated costs for DR 1785 PW 561. No additional costs for mobilization /demobilization, environmental monitoring, or a geotechnical study are included since those costs were estimated and Scope of Work: included in the DR 1785 PW. Estimated costs are comparable to historical costs experienced by other applicants for similar work in the area and are deemed reasonable. Upon completion, this site will be returned to its pre- disaster design, function and capacity within the original footprint. The applicant is responsible for obtaining all local, state and /or federal permits as they may apply to this project. * * * *** * ***** Notes: To be eligible under Category G the beach must meet the following criteria (ref. PA Guide, FEMA -322, June 2007, pgs 86,87): A beach is considered eligible for permanent repair if it is an improvedbeach and has been routinely maintained prior to the disaster. A beach is considered to be an "improved beach" if the following criteria apply: the beach was constructed by the placement of sand to a designed elevation, width, grain size, and slope; and the beach have been maintained in accordance with a maintenance program involving the periodic re- nourishment of sand. By accepting this grant, applicant certifies that all work will done on property for which he is legally responsible and is accessible to the general public. Documentation maintained by the Applicant must typically include: a) Design documents including engineering specifications and grain size analysis b) "As- built" plans of the project c) Documentation of regular https:Hisource.fema .net/emmie /viewApplication.do 12/14/2012 Federal Emergency Management Agency E- Grants Page 5 of 9 11F renourishment of the beach d) Pre -storm cross- sections of the beach e) Post -storm cross - sections of the beach. The project specialist has reviewed design plans, FDEP permits, and other documentation provided by the applicant and is satisfied that the facility meets FEMA's criteria for an improved beach. An excerpt from the FDEP FL Beach Management Plan is attached and ststes that the beach has been filled and imprroved in various ways since 1991. The subgrantee is requesting direct administrative costs that are directly chargeable to this specific project. Associated eligible work is related to administration of the PA project only and in accordance with 44 CFR 13.22. These costs are treated consistently and uniformly as direct costs in all federal awards and other subgrantee activities and are not included in any approved indirect cost rates.*"***** 12/2/2012 - As described in 44 CFR 13.43, applicant must maintain all work - related records for a period of three (3) years from applicant closure (final payment), all records relative this project worksheet are subject to examination and audit by the State, FEMA and the Comptroller General of the United States and must reflect work related to disaster specific costs GIS Coordinates Project Location Latitude Longitude R144 25.92148 - 81.7293 R148 26.91094 - 81.72893 Special Considerations 1. Does the damaged facility or item of work have insurance coverage and /or is it an insurable No risk (e.g., buildings, equipment, vehicles, etc)? 2. Is the damaged facility located within a floodplain or coastal high hazard area and /or does it Yes have an impact on a floodplain or wetland? If you would like to make any comments, please enter them below. (maximum 4000 characters) FIRM 12021 C0836 Zone VE 3. Is the damaged facility or item of work located within or adjacent to a Coastal Barrier Resource No System Unit or an Otherwise Protected Area? 4. Will the proposed facility repairs /reconstruction change the pre- disaster conditions (e.g., No footprint, material, location, capacity, use of function)? 5. Does the applicant have a hazard mitigation proposal or would the applicant like technical No assistance for a hazard mitigation proposal? 6. Is the damaged facility on the National Register of Historic Places or the state historic listing? Is No it older than 50 years? Are there more, similar buildings near the site? 7. Are there any pristine or undisturbed areas on, or near, the project site? Are there large tracts No of forestland? 8. Are there any hazardous materials at or adjacent to the damaged facility and /or item of work? No 9. Are there any other environmental or controversial issues associated with the damaged facility No and /or item of work? Attachments User Date Docume Type nt Description Hard Copy File Reference File Name Action GREGORY 12 -02- Ma p FIRM FM12021C0836H.pdf SLATTON 2012 (944 Mb) View For Category C, D, E, F, and G Projects only https: / /isource.fema .net /emmie /viewAppiication.do 12/14/2012 ' Federal Emergency Management Agency E- Grants Page 6 of 9 11F Is effective mitigation feasible on this project? No If you answered Yes to the above question, the next question is required Will mitigation be performed on any sites in this project? If you answered Yes to the above question, the next question is required Do you wish to attach a Hazard Mitigation Proposal? If you answered Yes to the above question, the next two questions are required Please provide the Scope of Work for the estimate: Would you like to add the Hazard Mitigation Proposal as a cost line item to the project cost? Comments Applicant requested mitigation on DR1785 PW 561 Attachments Cost Estimate Is this Project Worksheet for Cost Estimate Format User (Preferred) Repair Type Sequence Code Material and /or Description Unit Unit of Quantity Measure Unit Price Subgrant Cost Action Budget Class Estimate 1 9999 CEF Estimate 1 LS CONSTRUCTION $ 161,194.00 161,194.00 Total Cost: $ 161,194.00 Insurance Adjustments (Deductibles, Proceeds and Settlements) Sequence Code Material and /or Description Unit Unit of Quantity Measure Unit Price Subgrant Cost Budget Class Estimate Action 1 9999 Direct Administrative Costs 1 LS $ 0.00 PERSONNEL $ 0.00 Total Cost: $ 0.00 Comments Attachments User Date Document Type GREGORY 12 -09- Calculation SLATTON 2012 Sheet Insurance Type Policy No Total Cost Estimate: $ 161,194.00 (Preferred Estimate Type + Insurance Adjustments) Description Hard Copy File Reference File Name Action CEF CEF CCGGS13 South Estimate Marco Island.pdf(115.93 View kb) Existing Insurance Information Bldg/Property Content Insurance Deductible Amount Amount Amount Amount Years Required https:Hisource.fema .net/emmie /viewApplication.do 12/14/2012 Federal Emergency Management Agency E- Grants Comments Attachments Comments and Attachments Name of Section Comment Applicant may request an Improved Project to incorporate repairs decribed in this PW with a planned renourishment project. 11/30/12 - As described in 44 CFR 13.43, applicant must maintain all work- related records for a period of three Project Description (3) years from applicant closure (final payment), all records relative this project worksheet are subject to examination and audit by the State, FEMA and the Comptroller General of the United States and must reflect work related to disaster specific costs. Damage Facilities Special Considerations Mitigation Applicant requested mitigation on DR1785 PW 561 Cost Estimate Bundle Reference # (Amendment #) lbate Awarded Subgrant Application - FEMA Form 90 -91 Page 7 of 9 11F Attachment 0 1785 PW and docs.Ddf 2005 Permit %20Drawings% 20(12- 22 -05). Ddf 2006 Permit Mod(12 -27- 06). pdf FDEP Beach Management Plan - S. Marco excerpt Ddf Location Map.pdf Photo Sheet.Ddf SMarcoFinalDrawings gdf Marco Volume Change Table.pdf FM 12021 C0836H.pdf CEF CCGGS13 South Marco Island.Ddf FEDERAL EMERGENCY MANAGEMENT AGENCY PROJECT WORKSHEET DISASTER PROJECT NO. CCGGSI3 PA ID NO. 021 - 99021 -00 DATE FCATEGORY FEMA 4068 DR -FL APPLICANT: COLLIER (COUNTY) WORK COMPLETE AS OF: 11 -29 -2012: 0 % Site 1 Of 1 DAMAGED FACILITY: COUNTY: Collier South Marco Beach LOCATION: LATITUDE: LONGITUDE: Current Version: 26.91094 - 81.72893 25.92148 - 81.7293 South Marco Island, FL https:Hisource.fema.net/emmie/viewApplication.do 12/14/2012 Federal Emergency Management Agency E- Grants DAMAGE DESCRIPTION AND DIMENSIONS: Current Version: Page 8 of 9 11F DAMAGE DESCRIPTION As a result of high winds and surf associated with Tropical Storm (TS) Debby , the applicant- maintained public beach lying between FDEP R- monuments R139 and G -5 in Collier County sustained significant beach erosion. Applicant's estimated erosion along 9,594 linear feet (LF) of shoreline is based upon a pre -storm survey (December 2011) and post -storm survey (August 2012) by applicant's coastal engineer, Atkins. The attached Collier County Tropical Storm Debby Post -Storm Report, October 2012, describes survey methodology and details volume change locations in Table 16. Table 16 details losses along the full profile width of engineered beach between R139 to G -5, and shows that a total of 16,959 CY eroded durina the a -month n rind rla ,. . in„ e,,.", ten,, SCOPE OF WORK: Current Version: " "SCOPE OF WORK­ WORK TO BE COMPLETED As an engineered, nourished, and regularly - maintained beach, South Marco Beach is eligible under Category G for PA funding to restore it to its disaster Applicant pre- condition. requests FEMA PA reimbursement of costs to replace sand erosion attributable to T.S. Debby. Debby - related sand loss is the volume lost between the applicant's pre - and -post storm surveys minus normally- occurring background losses during that 8 -month interval. The engineering report does not detail the background losses, but states that the project area lost 5,595 CY between December 2010 and December 2011, a monthly rate of 466 CY. The Debby - caused loss was 16,959 CY — 466 CY /mo x 8 months = 13,228 CY. The attached Volume Change Table details the changes over the improved beach. Applicant plans to replace the Debby - related losses as an integral part of his next scheduled beach renourishment project along with the replacement of 76,728 CY of T.S. Fay loss previously approved in Improved Project DR1785 -PW 561. Applicant include will this PWs sand volume as a separate contract line item. No work has been done to date. The cost estimate for this PW is based on estimated costs for DR1785 PW 561. No additional costs for mobilization /demobilization, environmental monitoring, or a geotechnical study are included since those costs were estimated and included in the DR1785 PW. Estimated costs are comparable to historical costs experienced by other applicants for similar work in the area and are deemed reasonable. Upon completion, this site will be returned to its pre - disaster design, function and capacity within the original footprint. The applicant is responsible for obtaining all local, state and/or federal permits as they may apply to this project. ...... ' ""• Notes: To be eligible under Category G the beach must meet the following criteria (ref. PA Guide, FEMA June -322, 2007, pgs 86,87): A beach is considered eligible for permanent repair if it is an improvedbeach and has been routinely maintained prior to the disaster. A beach is considered to be an "improved beach' if the following criteria apply: the beach was constructed by the placement of sand to a designed elevation, width, grain size, and slope; and the beach have been maintained in accordance with a maintenance program involving the periodic re- nourishment of sand. By accepting this grant, applicant certifies that all work will done on property for which he is legally responsible and is accessible to the general public. Documentation maintained by the Applicant must typically include: a) Design documents including engineering specifications and grain size analysis b) "As- built" plans of the project c) Documentation of regular renourishment of the beach d) Pre -storm cross - sections of the beach e) Post - storm cross - sections of the beach. The project specialist has reviewed design plans, FDEP permits, and other documentation provided by the applicant and is satisfied that the facility meets FEMA's criteria for an improved beach. An excerpt from the FDEP FL Beach Management Plan is attached and ststes that the beach has been filled and imprroved in various ways since 1991. The subgrantee is requesting direct administrative costs that are directly chargeable to this specific project. Associated eligible work is related to administration of the PA project only and in accordance with 44 CFR 13.22. These costs are treated consistently and uniformly as direct costs in all federal awards and other subgrantee activities and are not included in any approved indirect cost rates.******* 12/2/2012 - As described in 44 CFR 13.43, applicant must maintain all work - related records for a period of three (3) years from applicant closure (final payment), all records relative this project worksheet are subject to examination and audit by the State, FEMA and the Comptroller General of the United States and must reflect work related to disaster specific costs Does the Scope of Work change the pre- disaster conditions at the site? _ ,Yes �: No P� � ;Yes .__ No Hazard Mitigation proposal included? ! Yes No Is there insurance coverage on this facility? Yes -, No PROJECT COST ITEM CODE NARRATIVE QUANTITY /UNIT UNIT PRICE COST 1 9999 CEF Estimate 1 /LS $ 161,194.00 $ 161,194.00 2 0000 Insurance Adjustments 0 /LS $ 0.00 $ 0.00 3 9999 Direct Administrative Costs 1 /LS $ 0.00 $ 0.00 TOTAL COST $ 161,194.00 PREPARED BY GREGORY SLATTON TITLE Beach Specialist SIGNATURE APPLICANT REP. Len Price TITLE Administrator - Administrative Services Division I SIGNATURE COLLIER (COUNTY) : Conditions Information https:Hisource.fema .net/emmie /viewApplication.do 12/14/2012 Federal Emergency Management Agency E- Grants Page 9 of 1 F Review Name Condition Type Condition Name I Description I Monitored I Status No Conditions t Internal Comments No. Queue user Date/Time Reviewer Comments No Comments https:Hisource.fema .net /emmie /viewApplication.do 12/14/2012 Federal Emergency Management Agency E- Grants Page 1 of 2 11F PA -04 -FL- 4068 -PW -00679(0) P Applicant Name: Application Title: COLLIER COUNTY CCGHA23 -Beach Renourishment - Naples Beach Period of Performance Start: Period of Performance End: 07 -03 -2012 01 -03 -2014 Bundle Reference # (Amendment #) Date Awarded Subgrant Application - FEMA Form 90 -91 Note: The Effective Cost Share for this application is 75% FEDERAL EMERGENCY MANAGEMENT AGENCY PROJECT WORKSHEET DISASTER PROJECT NO. PA ID NO. 021- 99021 -00 DATE 10 -20 -2012 CATEGORY G FEMA 14068 - CCGAH23 APPLICANT: COLLIER (COUNTY) WORK COMPLETE AS OF: 10-19 -2012: 0 % Site 1 of 1 DAMAGED FACILITY: COUNTY: Collier Naples Beach LOCATION: LATITUDE: LONGITUDE: Current Version: 26.11986 26 17019 - 81.80468 -81.81274 Naples Beach - Collier County 3299 East Tamiami Trail Naples, FI 34112 -5749 DAMAGE DESCRIPTION AND DIMENSIONS: Current Version: During the incident period for Tropical Storm Debby, from June 23 thru June 26, 2012, the Naples Beach (R -58A thru R -79) sustained significant damage (52,452 CY) sand loss due to erosion. The Naples beach is an engineered public beach, and is owned and maintained by Collier County. The combined impacts of storm waves and currents and the super - elevation of water level through storm surge eroded the beach over a length of 18,820 LF or 3.56 mile miles and average width of 105 FT(approximate dimensions at site visit) during the incident period. Surveys indicate an average of -4.3 FT of shoreline recession at Mean High Water Level and a vertical deflation of approximately .51 FT on the dry beach areas. Applicant's consultant indicated that the damaged reach of beach may be approaching equilibrium. Estimates of volume loss to the beach are insignificant for the intervening period between surveys and are not factored into the estimated sand loss volume. The GPS at the north end (R -58): N26.17019 W- 81.81274; south end: N26.11986 W- 81.80468. Post Construction, pre - storm, post -storm and periodic monitoring reports, engineering surveys and summary report were reviewed by the Project Specialist. The volume estimate 52,452CY for Debby related erosion of the beach determined was from pre and post - Tropical Storm Debby cross sections using end area analysis over the reach of damaged beach. The volume estimate of 52,452CY is determined to be reasonable and based on site investigations, photos of damages, aerial photos and the engineering survey reports. Applicant provided adequate documentation of re- nourishment from past storms and has scheduled maintenance re- nourishment upcoming (2013). All damages have been determined to be eligible; costs are determined to be reasonable; all work is recommended for FEMA reimbursement. SCOPE OF WORK: Current Version: Work To Be Completed: Renourish 3.56 Miles(18,820LF)of beach(105 FT wide) with 52,452 CY of sand from permitted marine borrow area .rsing marine dredge 33 miles northwest of Delnor Wiggins State Park. Turtle trawling is required in the vicinity of the dredge operations; :ndangered species observation is mandatory during the construction phase of beach nourishment and emergency berm construction 3rojects in accordance with FDEP permitting. In addition to monitoring, the construction phase is limited to the period of November to March o avoid sea turtle nesting season. Permits: 1. FDEP Joint Coastal Permit #0222355- 001 -JC; Modification #0222355- 003 -JC; Expires: 2015 ?. FDEP Notice to Proceed, to be obtained 3. USACE Permit SAJ- 2003- 12405(IP -MN); expiration 2015 4. U.S. Dept. of Interior Fish and Nldlife Service - Biological Opinion #41420- 2006 -F -0013 rendered April 27, 2006; update reauired 5 All matariala mi-t 1— ti...... ... � s.,...... https:Hisource.fema. net / emmie/ internallntegration ?applicationld= 301842 12/14/2012 Federal Emergency Management Agency E- Grants Page 2 of 2 11 permitted source. Review of Eligibility: 1.) To be eligible under Category G the beach must meet the following criteria (Ref. PA Guide, FEMA -322, June 2007, P. 86, 87): a.) Constructed relative to engineered design specifications of elevation, width, slope and grain size. b.) "As- built" plans for the original project: (As built cross- sections provided by applicant). c.) Documentation of regular nourishment of the beach (Collier county Beach Renourishment Project 2010 Four Year Post Construction Monitoring Report). d.) Pre -storm and Post -storm cross - sections of the beach, with associated volumes. Applicant meets all of the above. Notes: 1. Applicant has adhered to a regular maintenance plan Naples beach by periodic re- nourishment of sand in accordance with an established maintenance program. Collier County Beach Restoration Project was constructed in 1995/1996 to restore critically eroded shoreline; at Naples Beach, approximately 759,150CY of fill material from marine borrow site was placed along 17,800FT of shoreline. Naples Beach was re- nourished with approximately 184,000CY of sand between 1996 and 2002. The applicant placed 50,000CY per year from an upland source during the period from 2002 thru 2005. Applicant had FEMA reimbursed sand loss from Hurricane Wilma(2005 amounting to 58,641 CY; PW 2700 is under appeal at this time. The mainland project,to restore the Naples, Vanderbilt,and Park Shore beaches substantially to their 1996 design,was completed in 2006. FEMA obligated $5,986,600.00 for Vanderbilt,Park Shore and Naples Beaches for Tropical Storm Fay; $2,544,759 of which covered sand loss of 84,672CY at Naples beach. These offset costs should be reconciled at dose -out. 2. Since the applicant has not completed the work in the Fay worksheet, overlapping mobilization and other startup costs exist. When the work is completed for Fay damages, Debbie damages or the applicant's regular 2013 re- nourishment, only one mobilization cost should be incurred. Mobilization and other startup costs were estimated and funded in the Fay worksheet. To prevent duplication, the startup costs are not included in the Debbie project costs. Since regular re- nourishment is not FEMA eligible, should the applicant elect to do an improved project and combine the Fay and Debbie damages repairs into that project, prior to PW capping, should the applicant elect to do an improved project,the pro rata mobilization costs,the costs per cubic yard of sand,and other incidental costs included in this worksheet should be recalculated based upon the actual volumes and costs at the time the work is being done. After those recalculations are done, the project will be eligible for capping and approval of the improved project. 3. Applicant has met the requirements for eligible damages (per policy Public Assistance Guide FEMA 322, P.100)and demonstrated that damages are directly and exclusively related to the incident and that they occurred during the incident period (per policy Public Assistance Policy Digest, FEMA 321, P.74). 4. Upon completion, this project will not change the original design,function and capacity within the original footprint. 5. Damages claimed, work and costs for restoration of damage to this facility are determined to be reasonable and eligible,and are recommended for FEMA reimbursement. 6. Applicant indicated that Collier County has not been the recipient of USACE funding for any work Applicant provided adequate documentation of re- nourishment from past storms. All damages have been determined to be eligible; costs are determined to be reasonable; all work is recommended for FEMA reimbursement. 7. All work must property permitted by USACE, USFWS and FDEP, included all required monitoring for threatened and endangered species, included agreements for environmental protection and was performed under contract by Notice to Proceed. Source materials met specifications of Florida Administrative Codes 62B- 41.0070),626- 33.002(8)and 62B- 33.015 and must be hauled from a permitted marine borrow sites. 8. Costs: Sand Placement Cost Using Marine Borrow Source and Mechanical Dredge: 1.) Dredge sand and place using borrow site 33.1 miles from project area(52,452 CY): $1,588,771.08 (Costltem 1) 2.) Trawling - Sea Turtle,68 days of trawling: $276,675.00 (Cost Item 2) 3.) Turbidity Monitoring: $58,746.24 (Cost Item 3) 4.) Endangered Species Observer, 68 days observer: 45,776.24 (Cost Item 4) Total base costs: $1,969,968.56 Total Project Cost(including CEF factors): $2,321,132.00 Note: All other costs are covered under Tropical Storm Fay PW. Updated historical costs provided by the applicant were used as a basis for the cost estimate for FEMA eligible sand placement. Costs were determined to be reasonable. Does the Scope of Work change the pre- disaster conditions at the site? Yes Special Considerations included? -7 :Yes _ 1 No No Hazard Mitigation proposal included? Yes No Is there insurance coverage on this facility? W Yes No PROJECT COST ITEM CODE NARRATIVE QUANTITY /UNIT UNIT PRICE COST 1 0000 Work to be Completed 0 /LS $ 0.00 $ 0.00 2 9001 Contract 1/LS $ 2,321,132.00 $ 2,321,132.00 Direct 3 9901 Administrative Costs 1 /LS $ 0.00 $ 0.00 (Subgrantee) TOTAL COST 1 $ 21321,132.00 PREPARED BY ALLAN HUGHES TITLE FEMA TAC - Beach Specialist SIGNATURE APPLICANT REP. Len Price TITLE Administrator - Administrative Services SIGNATURE Division https: / /isource.fema. net / emmie/ internallntegration ?applicationld= 301842 12/14/2012 I 'J ,� .�" �.- :� .. '" "_.,,. •s..- .cam%"+. -::.�. :. ,,-, ;a�w � ..J -.. °_ s -�.`�: rtir ,� :r -_.., .«..ors. -- ..:I�:�" :..i� «.:.+c„f :..n6' °:.r ....d+....:.reE .:.r" .s.. , - _� � • per• sd*• rte+ �• v Comments Attactvnents Is this Pr*d Worksheet for (Preferred) Repair Sequence Code Material and/or Description 1 0000 2 9901 Direct Administrative — Costs (Subgrantee) 3 GOOD 3 Funbrdla's for N Cost Estimate Unit Unit of Subgrant cost Quantity Measure Unit Price Budget E mate Action Class Work Completed 1 LS $100.59 INDIRECT $100.59 CHARGES Work to be Completed 4 F999 Color Park 3 EA $1,620.00 $ 4,860.00 5 5999 1 Funbrella Golden 1 EA $ 1,620.00 $1,620.00 — Gate Park Total Cost: S 6,580.59 Insurance Adjustments ( Deductibles, Proceeds and Settlements) Material and/or Unit Unit of Subgrant Cost Sequence Code Description Quantity Measure Unit Price Budget Estimate Action Total Cost: $ 0.00 Total Cost Estimate: $ 6,580.59 Saarud_", ;!Y*nameS Udo�an Zau � Pwte�J Ibdt On !i + 11F 11F p .; r} 76 Page • Sdely • Twig +p. n 1. SCOPE OF WORK PA FL-40%PW- 04- 00023(0): WORK COMPLETED The sub -grantee responded to electrical power outages, to continue critical sanitary sewage services at 24 Eft stations (see location map) for county residents during the event The sub- grantee documented 47 firs of force account labor (with no associated cost) 14.25 firs of Force Account Labor Over Tana, and 62.5 hrs of Force Account Equipment, to protect Life, health, safety, public and private property. There are multiple generators being run without operator time so equipment time is greater than labor time. FEMA has reviewed the sub - grantee labodequipment hours and find them to be accurate as presented 0811 5,2012. As described in 44 CFR 13.43 applicant must maintain all work - related records for a period of three (3) years from applicant closure (final payment), all records relative this Project worksheet are subject to examination and audit by the State, FEMA and the Comptroller General of the United States and must reflect work related to disaster specific costs The subgmntee is requesting direct administrative costs that are directly chargeable to this specific project. Associated eligible work is related to administration of this PA project only and in accordance with 44 CFR §13.22. These costs are treated consistently and uniformly as direct costs in all Federal awards and other subgrantee activities and are not included in any approved indirect cost rates. Does the Scope of Work change the pre - disaster conditions at the site? _ 'Yes C Speaal Considerations included'? , _ ;.Yes ; , No No Hazard Mitigation proposal included? _Yes . ° , No Is there insurance coverage on this facitityl ; Yes ; `No PROJECT COST ITEM CODE NARRATIVE QUANTITYIUNIT UNIT COST PRICE 1 0000 Work Completed OILS $ 0.00 $ 0,00 2 9007 Labor 1 /LS $ 516.71 $ 516.71 3 9008 Equipment 1/LS $1,392.50 $1,392.50 4 9901 Direct Administrative Costs (Subgrantee) 1 /LS $1,358.92 $1,358.92 5 9901 Direct Administrative Costs (Subgrantee) 1 1LS $- 891,15 $ -81.15 TOTAL COST $ 2 ,376.98 1 �r fC, 0,�'1 V