Backup Documents 03/09/2010 Item #16C 2
16C 2
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PHI~IARY CONTAC r INFORl\IA nON
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MEMORANDUM
Date:
March 9, 2010
To:
Mary 10 Thurston, Recycling Manager
Solid Waste Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Grant Contract Agreement (#10 HM-88-09-21-01-012)
(CFDA Number: 97.039) between Florida Division of
Emergency Management & Collier County
Attached, please find four (4) original documents as referenced above, (Item
#16C2), approved by the Board of County Commissioners March 9, 2010.
Please forward a fully executed original to the Minutes and
Records Department to be kept as a part of the Board's official
record.
If you should have any questions, please call me at 252-7240.
Thank you.
Attachment (I)
16C 2
Contract Number: 10HM.88-09-21..()1.012
CFDA Number: 97.039
FEDERALLY FUNDED 8UBGRANT AGREEMENT
THIS AGREEMENT Is entered lrito by the Slale of Aorlda, DIvI810n of Emergency Management. with
h$adquartersln Tallahassee. Florida (hereinafter referred to as the "DIvision"). end Collier County, (hereinafter
referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that K Is fully quallfledend eligible to receive these grantfunds to provide th$
services Identifled herein; and
B. The Division hanecewed these grent funds from th$ Slale of Florida. end has the authority to subgrant
these funds to th$ Reclplent upon the terms and condlt/ons b~low; and
C. The Division has slatutory authority to disburse th$ funds under this Agreement.
THEREFORE, the OIvllilon end the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shell perform the work In accordance with the Budget and Scope of Work.
Attachment A of thls Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
The Reclplent and the Division shall be governed by eppllcable State end Federal laws. rulae and
regulations. Including those Identlfled In Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin August 24. 2008 and shall end November 24. 2011 unless terminated
earlier In eccordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may raquaet modlfk:atlon of the provlslona of this Agreement. Changes which ere
agreed upon shall be valid only when In writing, signed by each of the partfes, end atleched to th$ original of this
Agreement.
(5) RECORDKEEPING
(a) As applicable. Reclplant's performance under this Agreement shall be subject to the federal
.Common Rule: Uniform Administrative Requlremenl8 for Slale and Local Govemments" (53 Federel Register
8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and
Other Nonprofit Organizations." and either OMS Circular No. A-87. "Cost Prlnclples for State end Local
GOvernments." OMB Circular No. A-21. "Cost Prlnclples for Educational Institutions," or OMS Circular No. A-122,
"Cost Principles for Nonproflt OrganiZations." 11 this Agreement Is made with a commercial (for-prollt) organization
on a cost-reimbursement basis, th$ Recipient shall be subJect to Federal AcquIsition Regulations 31.2 end 931.2.
(b) The Recipient shaH relaln sufficient records to show Its compliance with the terms of this
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Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for e
period d five years from the date the audit report Is Issued, and shall allow the Division or Its designee, the State
Chief Financial OffIcer or the State Auditor General access to the records upon request. The Reclplenlshall ensure
that audit working papers are available to them upon request for a period of five years from the date the audit report
Is Issued, unless extended In \l8ltlng by the Division. The five year period may be extended for the follOwing
exceptions:
1. If any litigation, claim or audllls started before the five year period expires, and extends
beyond the five year period, the records shall be retained untN 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 reiatlng to real property acquired shall be retained for flva years after the
closing on the transfer of tltie.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement. Including documentation of all program coata. In a
form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work _
Attachment A - and all other applicable laws and regulations.
(d) The Recipient, Its employees or agents. Including all subcontractors or consuflants to be paid
from funds provided under this Agieement. shall allow access to Its records at reasonable times to the Division, Ita.
employees, and agents. "Reasonable" shell ordinarily mean during normal business houre of 8:00 a.m. to 5:00
p.m., local time, on Monday through Friday. "Agents" shall Include. but not be limited to, auditors retained by the
Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and aupport documents, In accordance
with generally accepted accounting prlnclples.. to account for the recefpt and expandlture of funds under this
Agreement
(b) These records ahall be available at reasonable times for Inspection. ravlew, or audit by elate
persOhnel and other personnel authorized by the Department or the Olvlalon. "Reasonable" shall ordinarily mean
normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Reclplent shall provide the Department with the records, reports or financial statements
upon request for the purposes of auditing and monitoring the funds ewarded under thla .Agreement.
(d) If the Recipient Is e State or local government or a non-profit organization as defined In OMB
Circular A-133. as revised. end In the event that the Recipient expends $500,000 or more In Federel ewards In lis
fiscal year, the Recipient must have a single or program-specific audit conducted In accordance with the provisions
of OMB Circular A-133. es revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through
the Olvlslon by this Agreement. In determining the Federal awards expended In Ita fiscal year, the Recipient shall
consider ell sources of Federal awards, Including Federal resourcee received from the DIvision. The determination
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of amounts of Federal awards expended should be In accordance wtth the guidelines established by OMS Circular
A-133, as revised. An audit of the Recipient conducted by the Auditor General In accordance wtth the prOVisions of
OMB Circular A-133, as ravlsed, wtll meet the requlraments of this paragraph.
In connection wtth the audit requirements addressed In this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements for audltee responsibilities as provided In Subpart C of OMS Circular A-133, as revised.
If the Recipient eXpendslesa than $500,000 In Federal awards In Its fiscal year, an audit conducted
In eccordance wtth the provisions of OMB Circular A-l33, es revised, Is not required. In the event that the Recipient
expends less than $500,000 In Federal awards In Its fiscal year and chooses to have an audit conducted In
accordance wtth the provisions of OMS Circular A-133, as revised, the cost of the audit must be paid from nOll-
Faderal funds.
(e) Send copies of reporting packages for audits conduotad In accordance wtth OMB Circular A-
133, as revised, and required by SUbparagraph (d) above, when required by Section .320 (d), OMS Circular A-133,
as revised, by or on behalf of the Recipient to:
The Division at each of the followtng addresses:
Department of Community Affalrs
OffIce of Audit Services
2555 Shumard Oek Boulevard
Tallahassee, Florida 32399-2100
[also send an electronIc copy to aurllla.Darrlshllidca.state.f1.ual
and
Division of Emergency Management
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Rorlda 32399-2100
The Federal Audit Clearinghouse designated In OMB Circular A-133, as revised (submit the number of copies
required by Sections .320( dX 1) and (2), OMB CIrcular A-133, as revised), at the followtng address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10" Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities In accordance wtth Sections .320 (e) and (f), OMB Circular A-
133, as revised.
(t) Pursuant to Section .320 (t), OMB Circular A-133, 88 revised, the Recipient shall send a copy of
the reporting package described In Section .320 (0), OMB Circular A-133, as revised, and any management letter
Issued by the auditor, to the Division at the followtng addressee:
Department of Community Affairs
OffIce of Audit Services
2555 Shumard Oak Boulevard
Tallahassee. Florida 32399-2100
[also send an etectronlc copy to aurllla.Darrlshlaldca.state.f1.ual
and
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DlvIslon of Emergency Management
Bureau of Recovery and MltlgaUon
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other InformaUon required to be
submitted to tha DIvision pursuant to this Agreement In accordance wtth OMB Circular A-133, Rorlda Statutes, and
Chapters 10.550 (local governmental enlltles) or 10.650 (nonprofit and for-profll organizations), Rulea of the Auditor
General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the Recipient
when submitting financial reporUng packages to the Dlvlslon for audits done In accordance wtth OMB Circular A-133
or Chapters 10.550 (local governmental entilles) or 10.650 (nonprofit and for-proflt organizations), Rules 01 the
Auditor General,
(I) If the audit shows that all or any porUon of the funds disbursed were not spent In accordanca
wtth tha conditions of this Agreement, the Recipient shall be held liable for reimbursement to the DIvision of all
funds not spent In accordance wtth these applicable regulations and Agreemant provisions wtthln thirty days after
the DIvision hes notmed the Recipient of such non-compllanca.
0) The Recipient shsll have sll audits completed by an Independent certified public accountant .
(IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Ra. Stat. The IPA
shall state that the audit complied wtth the applicable provisions noted above. The audit must be received by the
Division no later than nine months from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Division wtth quarterly reports and a c1ose-out report. These
reports shall Include the current slatus end progress by the Recipient and all subreclplents and subcontractors In
completing the work described In the Scope of Work and the expenditure of funds under this Agreement, In addition
to any other Informallon requested by the Division.
(b) Quarterly repol18 are due to the Division no lalar than 16 days after the end of each
qual18r of the program year and ehall be aent each quarter until submission of the admlnlstratlve close-out
report. The ending dates for each quarter of the program year ara March 31, June 30, September 30 and
December 31.
(c) The dose.out report Is due 60 days after termination of this Agreement or 60 days after
complaUon of tha aollvltJes contained In this Agreement, whichever first occurs.
(d) If ell required reports and copies are not sent to tha Division or are not completad In a mannar
ecceptable to the Division, the Division may wtthhold further payments until they are complated or may take other
action as stated In Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product wes
completed In accordance wlth the Budget and Scope 01 Work.
(a) The Recipient shall provlda eddftlonal program updates or Informetlon that may be required by
the Division.
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(f) The Recipient shall provide addlUonal reports and Infonnallon Identified In
Attachment F.
(8) MONITORING
The Reclplant shall monitor Its performance under this Agreemen~ as well as that of Its
suboontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time
schedules are being me~ the Schedule of Dellvarables and Scope of Work are belng accomplished wlthln the
speqlfled lime periods, and other performance goals ere being achieved. A review shall be done for each function
or activity In Attachment A to this Agreement, and reported In the quarterly report.
In addition to reviews of audits conducted In accordance wlth paragraph (8) above, monitoring
procedures may Include, but not be limited to, on-site visits by Division staff. limited scopa audits, and/or other
procedures. The Reclplent agrees to comply and cooparate wllh any monitoring procedures/processes deemed
appropriate by the Division. In the event that the Dlvlsfon or the Department determines that a limited scopa audit
of the Recipient Is appropriate, the Recipient agrees to comply wlth any additional Instructions provided by the
Division or the Department to the Reclplent regarding such audit. The Reclplent further agrees to comply and
cooperete wlth any Inspections, reviews, Investigations or audits deemed necessary by the Rorlda Chief Financial
OffIcer or Auditor General. In addition. the Dlvlalon will monitor the performance and financial management by the
Recipient throughout the contract term to ensure timely completion of alllasks.
(9) LIABILITY
(a) Unless Recipient Is a State agency or subdivision. as defined In Sectlon 768.28, Fla. Stat.. the
Recipient Is solely responsible to parties it deals wlth In carrying out the terms of this Agreement, and shall hold the
Division harmless against all claims of whatever nature by third pardes arising from the work performance under this
Agreement. For purposes of this Agreement. Recipient agrees that II la not an employee or agent of the Division.
but Is an Independent contractor.
(b) Any Recipient which Is a state agency or subdivision. as deftned In Section 768.28. Fla. Stat..
agrees to be fully responsible for Its negligent or tortious acts or omissions which result In claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set
forth In Section 788.28, Fla. Stat. Nothing herein Is Intended to serve as a waiver of sovereign Immunity by any
Recipient to which sovereign Immunity applies. Nothing herein shall be construed as consent by a slate agency or
subdivision of tha Slate of Florida to be sued by third partles In any mailer ariSing out of any contract.
(10) DEFAULT
If any of 1he followlng events occur ("Events of Defaulf'), all obligations on the part of the Division to
make further payment of funds shall. If the Division elects, terminate and the Division has the option to exarclse any
of Its remedies set forth In Paragraph (11). However. the Division may make payments or partial paymants after
any Events of Default wlthout waIVing the right to exercise such remedies, and wlthout becoming liable to make any
further payment
(a) If any warranty or representation made by the Reclplentln this Agreement or any previous
agreement wlth the DIvision Is or becomes falsa or misleading In any respect, or If tha Recipient falls to keep or
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perform any of the obligations, terms or OOIIensn16ln this Agreement or any previous agreement with the Division
and has not cured them In timely fashion, or Is unable or unwilling to meet 116 obligations under this Agreeme(lt,
(b) If material adverse changes occur In the financial condition of the Recipient at any time during
the term c:J this Agreement, and the Recipient falls to cure this adverse change within thirty days from the date
written notice fa sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or have been
submitted with Incorrect, Incomplete or Insufficient Information;
(d) If the ReCipient has failed to perform and complete on time eny of Its obligations under this
Agreement.
(11) REMEDIES
If an Event c:J Default occurs, then the DIvision may, after thirty celendar days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty days, exercise eny one or more of the following
remedies, either concurrentiy or consecutively:
(a) Terminate this Agreement. provided that the Recipient Is given at least thirty days prior written
notice of the termination. The notice shall be effective when placed In the United States, first class mall, postege
prepaid, by registered or certJ11ed mall-raturn receipt requested, to the address In paregraph (13) hareln;
(b) Bagln an appropriate legal or equitable action to enforce performance c:J this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the DIvision any monies used for Ineligible purposes under
the laws, rules and regulations governing the use c:J these funds.
(e) Exercise any corrective or remedial actions. to Include but not be limited to:
1. request additional Information from the Recipient to determine the reasons for or the
extent of non-Cornpllance or lack of performance.
2. Issue a written warning to advise that more serious measures may be teken If the
situation Is not corrected,
3. advise the Recipient to suspend, discontinue or refrsln from Incurring costs for any
actlvltles In question or
4. require the Recipient to reimburse the Division for the amount of costs Incurred for any
Items datermlned to be Ineligible;
(I) Exercise any other rights or remedies which may be available under law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies
In this Agreement or provided at law or In equity. If the DIVIsion waives any right or remedy In this Agreement or
falls to Insist on slrlcl performance by the Recipient. It will not affect, extend or waive any other right or remedy of
the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the
Recipient.
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(12) TERMINATION
(a) The Division may terminate this Agreement for cause after thirty days written notice, Cause
can Include misuse of funds, fraud, lack of compliance with applicable rules. laIW and regulations, failure to perform
on time, and rafusal by the ReCipient to permit public aocesa to any document, paper. leUer, or other material
subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when It determines, In Its sole
discretion, that continuing the Agreement would not produce beneflclal results In line with the further expenditure of
funds. by providing the Recipient with thirty calendar daye prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a
written amendment of this Agreement. The amendment will state the effective date of the termination and the
procedures for proper closeout of the Agreement.
(d) In the event that this Agreement Is terminated, the Recipient wltl not Incur new obligations for
the terminated portion of the Agreement after the Recipient has received the noUflcetlon of termination. The
Recipient will cancel as many outstanding obligations as possible. Costs Incurred after receipt of the termination
notice will be dlsellowad. The Recipient shall not be relieved of liability to the Division beceuse of any breach of
Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient
for the purpose of set-off untU the exact amount of dameges due tha DIvision from the Recipient Is determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pUr8Uant to this Agreement ahall be In wrlUng, either by hand
delivery. or flrst class, certified maN. return receipt raquested. to the representallve named below, at the addreea
below, and this notlflcatlon attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement Is:
Ms. Kathleen Marshall. Planning Manager
Bureeu of Recovery and Mitigation
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephona: (860) 922-5944
Fax: (850) 922-1259
E.mall: kathleen.marshall@em.myflorlda.com
(0) The nama and addreea of the Representative of the Reclplent responsible for the administration
of this Agreement Is:
Mr. David Jaye, Recycling Specialist
Collier County
3301 Tamlaml Trail East E1uHdlng H, 31d Floor
Naples, Florida 34112
Telephone: (239) 252-7620
Fax: (239) 774.9222
EmaN:davldjaye@coIllergov.net
(d) In tha event thai dlffarant representatlves or addresses are designated by either party after
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execution of this Agreement, notice of the name, tlUe and address of the new representative win be provided ae
oulllned In (13)(a) above.
(14) SUBCONTRACTS
If the Reclplentsubcontracte any of the work required under this Agreement, a copy of the fully
executed subcontract must be forwarded to the DIvision within ten days of execution for review and approval. The
Recipient agreae to Include In the subcontract that (I) the subcontractor Is bound by the terms of this Agreement, (II)
the subcontractor Is bound by all applicable state and federal laws and regulations, and (III) the subcontrector shall
hold the Division and Recipient harmless against all claims of whatever nalure arising out of the subcontractor.
performance of work under this Agreemen~ to the extent allowed and required by law. The Recipient shall
document In the quarterly report the subcontractor's prograes In performing Its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to whether .
that subcontractor Is a minority vendor, as defined In Sectlon 288.703, Fla. Stal
(15) TERMS AND CONDITIONS
This Agreement conlelns all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are Incorporated as If set out fully.
(b) In the event of any Inconsistencies or conflict between the language of this Agreement and tha
attachments, the language of the attechments shall control, but only to the extent of the conflict or Inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A- Budget and Scope of Work
Attaohment B - Program Statutes and Regulations
Attachment C - Stetement of Assurances
Attachment 0 - Request for Reimbursement
Attachment E - Justlllcallon of Advance
Attachment F - Quarterly Report Form
Attachment G - Warranties and Representations
Attechment H - Certlllcallon Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion
(17) FUNDING/CONSIDERATION
(a) . This Is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs Incurred
In th9 satisfactory performance of work hereunder In an amount not to exceed $35.080.00 subJact to the availability
of funds. All requests for reimbursement of administrative cosls must be accompanied by the back-up
documentation evldsnclng all such admlnlstraUve costs.
(b) Any advance payment under this Agreement Is subjactto Sactlon 216.181(16), Aa.Stet:. and Is
contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12Xb) of this Agreemeni.
8
16 C I 2
The amount which may be advanced may not exceed tha expected cash needs of the RecipIent wltl)ln the flrstthree
(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. If an advance payment Is
requasted, the budget data on v.tllch the request Is based and a Justlflcation statement shsll be Included In this
Agreement as Attachment E. Attaclvnent E will specify the amount of advance payment needed and. provide an
explanation of the necessity for and proposed use of these funds.
An advance payment of $ Is requested.
(c) After the Initial advance, If any. payment shall be made on a reimbursement basis as needed.
The Recipient agrees to expend funds In accordsnce with the Budget and Scope of Work, Attachment A of this
Agreement.
If the necessary funds are not available to fund this Agreement as a result of acllon by the United
States Congress, the federal OffIce of Management and Budgeting, the Stale Chief Flnanclal OffIcer or under
subparagraph (19)(h) of this Agreement, all obligations on the part of the DIvision to make any further payment of
funds shall terminate, and the Recipient shall submit Its closeout raport within thirty days of receiving notice from the
Division.
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to the
order of "Department of Community Affairs", and maRed dlreeDy to the following address:
Department of Community Affairs
Cashier
Finance and hlcountlng
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with SeeDon 215.34(2), Fla. Stat.. If a chaek or other draft Is returned to the Division
for collection. Recipient shall pay the Division a service fee of $15.00 or 5% of the faoe amount of the returned
check or draft, whichever Is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement Is subject to the truth and accuracy of all the Information,
representations, and materials subml~ed or provided by the Raelplentln this Agreement. In any later submission or
rasponse to a Division request. or In any submission or response to fulfill the requirements of this Agreement. All of
said Informallon. representations, and materials Is Incorporated by reference. The Inaccuracy of the submissions or
any material changes shall, at the option of the Division and wllh thirty days written noUca to the Recipient. cause
the termlnaUon of this Agreement and the release of the Division from all Its obligations to the Raelplent.
(b) This Agreement shall be construed under the laws of the State of Florfda, and venue for any
actions arising out of this Agreement shall be In the Circuit Court of Leon County. If any provision of this Agreement
Is In conflict with any appllceble statute or rule, or Is unenforceable, then the provisIon shall be null and vold to the
extent of the conflict. and shall be severable, but shall not Invalidate any other provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terma of thla Agreement
9
16 C12
shall survive the term of this Agreement.
(d) The Agreement may be executed In eny number of counterparts, anyone of whIch may be
taken as an orIginal.
(e) The Recipient agrees to comply with the AmerIcans With DisabIlities Act (Public Law 101-336,
42 U.S.C. SecUon 12101 et sao.), which prohibits dIscrimInation by public and private antltlaa on the basis of
disability In employment, public accommodations, transportatIon, State and local government services, and
telecommunicatIons.
(I) Those who have been placed on the convIcted vendor list following a conviction for a public
entity crime or on the dlscrlmlnatorv vendor list may not submit a bid on a contract to provide any goods or services
to a public enUty, may not submit a bId on a contract with a public antlty for the constructIon or repair of a publIc
building or pUblic work, may not submit bids on leeses of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consullant under a contract with a publlo entlly, and may
not transact buslnass with any publIc entity In excess of $25,000.00 for a period of 36 months from the date of being
placed on the convicted vendor list or on the discriminatory vendor list.
(g) Any Reclplent which Is not a local government or etate agency, and which receives funde under
this Agreement from the federal government, certifies, to the best of Its knowledge and belief, that It and lis
principals:
1. are not presentiy debarred, suspended, proposed for deberment, declared Ineligible, or
volunlarily excluded from covered transactions by a federal department or agency;
2. have nol, within a five-year period preceding this proposal been convicted of or had a clvR
Judgment rendered egalnst them for freud or a crlmlllBl offense In conllBcUon with obtaining, attempting to obtain,
or performing a public (federal, state or local) transaction or contract under public transacUon; violation of federal or
slate antitrust statutes or commission of embezzlemen~ theft, forgery, bribery, falsification or destrucUon of records,
maklng false statements, or receiving stolen property;
3. are not presently Indicted or otherwise criminally or ciVilly charged by a governmental entity
(federel, state or local) with commission of eny offenses enumerated In paragraph 19(9)2. of this certJflcaUon; and
4. have not within a five-year period preceding this Agreement had one or more public
transactions (federal. slate or local) terminated for cause or default.
If the Recipient Is unable to certify to any of the statements In this certification, then the Recipient
shell attach an explanaUon to this Agreement.
In addition, the Recipient shall..nd to ths Division (by emall or by facsimile transmlsBlon)
ths complsted "Certlftcatlon RegardIng Debarment, SUBpBnBlon, Insllglblllty And Voluntary Exoluslon"
(Attachment H) for each Intended subcontractor which Recipient plans to fund under this Agreement. The
form must be recelvBd by the Division before the Recipient enters Into s contract wlth any subcontractor.
(h) Tha Slate of Florida's performance and obligation to pay under this Agreement Is contingent
upon an annual appropriation by the Legislature, and subJactto any modlflcaUon In accordance with Chapter 216,
Fla. Slat. or the Florida Constitution.
10
16 C "2
(I) All bills for fees or other compensation for services or expenses shall be submllled In detaU
sufflclant for a proper preaudit and p08taudlt thareof.
0) Any bills for travel expenses shall be submitted In accordance with Section 112.061, Fla. Stat.
(k) The Division reserves the right to unUaterally cencel this Agreement If the Recipient refuses to
allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, ElL
W., whIch the Recipient created or received under this Agreement.
(I) If the Recipient Is allowed to temporerlly Invest eny advences of funds under this Agreement,
any Interest Income shall either be returned to the Division or be epplled against the Division's obligation to pay the
contract amount.
(m) The Stata of Rorlda will not Intentionally award pUblicly-funded contrects to any contractor who
knowingly employs unauthorized alien workers, constituting e violation of the employment provIsions contained In 8
U.S.C. Section 1324a(e) [Section 274A(e) of the Imml17etlon and Nationality Act ("INA ")). The Division shaH
consIder the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such
violation by the RecipIent of the employment provisions contained In Section 274A(e) of the INA shall be grounds
for unilateral cencellatlon of this Agreament by the Division.
(n) The Recipient Is subject to Rorlda's Government In the SunshIne lew (Section 288.011, ElL
IDiL ) with respect 10 the meetings of the Recipient's governing board or the meetings of any subcommittee
making recommendations to the governIng board. All of these meetings ahall be publicly noticed, open to the
public, and the minutes of all the meetings shall be public records, available to the public In accordance with
Chapter 119, Fla. Stat.
Co) All unmanufactured and manufactured artfcles, materials and supplies which are acquired for
public use under thIs Agreement must have been produced In tha United States es required under 41 U.S.C.108,
unless It would not be In the public Interest or unreasonable In cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the DivisIon under thIs Agreement may be used
dlrecUy or Indirectly to Influence legislation or any othar offlclal action by the Florida legislature or any slate agency.
(b) The Reclplent certifl8ll, by Its signature to this Agreement, that to the best of his or her
knowledge and belief:
1. No Federal appropriated funds have bean paid or will be paid, by or on behalf of the
undersigned, to any person for Inftuenclng or attempting to Influence an offlcer or employee of any agency, e
Member rl Congress, en officer or employee of Congress, or en employee of a Member of Congress In connection
with the awarding of any Federal contract, the makfng of eny Federal gran!, the making of any Federal loan, the
anterlng Into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of
any Federal contract, gran!, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
parson for Influencing or allemptlng to Influence an offlcer or employee of any egency, a Member of Congress, an
officer or employee of Congress. or an employee of a Member rl Congress In connection with this Federal contract,
11
16C
~
c..
grant, loan or cooperatlve agreement, the RecipIent shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying."
3. The Recipient shall requIre that thIs oertIlicaUon be Included In the award documents for
all subewarda (IncludIng subcontracts, subgrants, and contracts under grants, loans, and cooperatlve egreements)
and that all aubreclplents shall cartlfy and disclose.
This certification Is e material representallon of fact upon which reliance was placed when this
transactIon was made or entered Into. Submission of this certlflcallon Is a prerequisite for making or entering Into
this transaction Imposed by Secllon 1352, Tille 31, U.S. Code. Any person who faRsto file the required certification
shall be subJeotlo a clvn penalty of not less than $10,000 and not more than $100,000 for each such failure.
(21) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND
ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS
AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
(a) If the Recipient has a pra-exlstlng patent or copyright, the Recipient shall retsln all rights and
enllllements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any dlsCOllery or InvenUon Is developed In the course of or as a result of work or services
performed under this Agreemen~ or In any way connected with It, tha Recipient shall refer the discovery or InvenUon
to the DIvision for a determlnallon whether the Stste of Florida will seek patent protecUon In Its name. Any patent
rights accruing under or In connecllon with the performance of this Agreement are reserved to the State of Rorlda.
If any books, manuals, films, or other copyrlghtsble material are produced, the Reo/plent shall notify the Division.
Any copyrights aoorulng under or In connection with the performance under this Agreement are transferred by the
RecIpient to the State of Florida.
(c) Within thirty days of execullon of thIs Agreement, the Recipient shall disclose all Intellectual
properties relallng to the performance of this Agreement which he or she knows or should know could give rise to a
patent or copyright. The Recipient shall retain ell rights and enUtlements to any pre-existing Intellectual properly
whloh Is disclosed. Failure to disclose will Indicate that no such property exists, The Division shall then, under
Paragraph (b), have the right to all patents end copyrights which accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION
The Recipient certifies that It has the legal authority to recalve tha funds under this Agreement and
that Its governing body has authorized the execullon and acceptance of this Agreement. The Recipient also
certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this
Agreement.
(23) ASSURANCES
The Reolplent shall comply with any Statement of Assurences Incorporated as Attachment C.
12
16C 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT: .Ci}4!~OY~y C~~
BY:' 0
Name and title: FRED W. COYLE, CHAIRMAN
Date:
31 q //::0
59-6000558
~ rTf'ST~. .
~~~'
ltte$t Ai, ~ a.a
.1g111bn 011/ ~ .
cu~
FID#
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY:
Name and Title: Ruben D. Almaguer, Interim Director
Date:
Approved u to form & legal Sufficiency
bi3l0~
AB8fstrmt Cr:'.lnt'/,'\'~h'~/~~0~,'..<r--'-"--
13
16C 2
EXHIBIT - 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT:
NOTE: "thCt resourcCts CtwsrrJed to thCt RCtclplllllt el1l from mOI1l then onCt FedCtral plOt/ram, plOvldCt the
samCt Informet1on shown below for each FCtdflflll pfOt/rem and show total Fedflflllresources ewerrJCtd.
Fed.ral Program: F.deral Em.rgency Manl/(/ement At/ency, HazerrJ MItIgetlon Orent
Catelog of Fed.ral Dom..tlc Msl8tenCCt Number: 97.039
Amount of Fed.ral Funding: $35,080.00.
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT:
NOTE: "the resoufCCts ewerrJ.d to the Recipient repres.nt more than one F.d.ral plOgram, "st eppllcable
compllanCCt requirements for Neh FCtderal program In the same manner as shown below.
Federal Program: ,
Uat appllc:eble compliance requirements as follows:
1. Recipient Is'to use funding to perfonn the following ellglblCt Ctcllvlll"j Include mitigation proJecte
that will rasult In protection of public or private proPCtI'ty from natural hazard.. Ellglbl. proJCtcte
Includ., but ara not limited to:
· Acquisition of hazard prone prop.rll..
· R.troflttlng of Ctxl.tlng bulldlnga and faclllU..
. Elevation of flood pronCt atructurea
· Infrastructura protCtctlon me..ur.a
. 8tonn water management Improv.m.nte
. Minor structural flood control proJ.cte
. Relocation of .tructurea from hazard prone eraaa
. Retrofitting of .x..tJng buildings and faolllt... for eheltera
. V.g.tellve mallll8.m.ntl.ollatablllzatlon
· Mitigation Planning PIOJect
· Oth.r projecte that reduo. future d....t.r 10....
2. R.clplent la .ubJ.ct to all admlnl.tratlv. and financial raqulrem.nte .. s.t forth In this Agre.m.nt,
or wlR b.ln violation of the t.nn. of the Agre.ment.
NOTE: Instead of listing the specIfic compliance requirements as shown above, the state awardIng agency may
el8c:t to use tanguage that requires the RecIpient to comply with the requirements of
applicable provIsions of specific laws, rules, regutatlons, ete. For example, for Federel Program 1, the/angul/(/e
may state thet the RecIpient must comply with specific lews, rule$, or regulations that pertaIn to how the awarded
resources must be used or how eligIbility determInations are to be made. The State awardIng agency. If practical,
may want to altach a copy of the spaclflc law, rul9, or regulation refe"ed to.
NOTE: SecHon .400(d) of OMS Circular A-133. a8 revl.sed, and SeeOon 216.97(5)(a). Florida Statutes. require that
the InformaOon about Federal Program8 and State Projects Included In Exhlblt1 be provided to the Recipient
14
16C2
Attachment A
Budget and Scope of Work
Scoa of Work
As a Hazard MlUgatlon Grant Program project, the Recipient, Collier County, shall wind retrofit the Environmental
Compliance and landfill Scale house located at 3730 While Leke Boulevard, Naple8, Aorlda 34117, by Instelllng
automatic aluminum roll down 8hutter8 for all openings of the atructure. The facility perform an e8sentlal service
after hurricane eventa and others disasters by clearing streets to allow emergency personnel to assist clllzens and
collecting dabrls thus asslsllng buslnessss, schools and public services to reopen and recover from dlaaster events.
G/ezJng In buildings shell be Impect resistent or protected with an Impect resistent covering meeting the
requirements of SSTO 12, ASTM E 1888 end ASTM E 1996, ANSIIDASMA 115 (for gerege doors end roHlng
doors) or Mleml-Dede TAS 201, 202 and 203 or AAMA 606 referenced thereIn as follows:
e) Glezed openings Ioceted wIthin 30 feet (9. 1 m) of grade shall meet the
requIrements of the Lerge Mlsslte Tes/.
b) Glazed openings located more then 30 feet (9.1 m) ebove greOO shall meet
the provfslons of the Smell MissIle Tes/.
c) Louvers protecllng Inteke and exheus/ ventllellon ducts not assumed to be
open thet are located wllhln 30 feet (9144 mm) of grede shell meet
requirements of the Lerge MIssile Test.
Impect.,eslstent coverings shalt be tes/ed et 1.5 tImes the design pressure (positIve or
negetive) expressed In pounds per squere feet es determined by the Florlde BuIlding Code.
Building Sectlon1809 for whIch the specImen Is to blltestlld.
this Is FEMA project 1785 .15-R, tunded under 1785-DR-FL.
The Period of Performance for this project ends on November 24, 2011.
Schedule of Work
Application Preparation:
Permllting:
Bidding;
Installation;
Weather Delays:
FlnallnsoectJon:
Total Period of Performance:
15 Months
4 Months
2 Months 26 Days
8 Months 5 Days
8 Months
3 Months
39 Months
The meterlels end work funded pursuent to this Subgrent Agreement are Intended to deCff/ase the vulnerabIlity of
the buIlding to property losses end ere specfflcelly not Intended to provfde for the sefety of InhaMents before, during
or efter e neturel or men made dlsester.
The funding provIded by the DivisIon of Em8rrJflncy Menegement (OEM) under this subgrent Is only Intended to pey
for the meterlels end labor for the Ins/elletlon of s/orm shutters end/or other hardenIng ectlvltles es a retroRt
measure for the Recipient's buildIng to reduce end/or mltlgete the demege thet might otherwise occur from severe
weather or other hazerds. The funding of this project by the Division In no way confers or Implies eny warranty of
use or suitabIlIty for the modlflcellons mede or InsteHed. The Stete of Florlde disclaims all werrentles wllh regard to
this mitigation project, exprass or Implied, Including but not limIted to, eny implied werrentles and/or conditions of
sallsfectcry quality and fitness for a partIcular purpose, merchenteblllly, or merchenteble quellty.
This project hes not been evelueted as meetIng the stenderds of the Department of Homeland Security, Fedarel
Emergency Menagement Agency (FEMA) 88 outlined In the guldenCfJ menue/, FEMA 31S1-Deslgn end Construct/on
for COmmunity Sheller. It Is understood end egreed by the Division end the RecipIent thet the building has
15
16C 2
of the mitigation fTlHsures fundfld under thla Subgrant Agrsemant. It Ia further understood and agread by th&
DIvision end the Recipient thet this m/t/getlon projeclls not Intended to make the building uSgeble as e shelter for
the Recipient's steff or any other c/tlzens In the event o( eny natural or man-mede disaster.
If deemed necessary, wind protection will be provided on any other openings such a8 skylight., vants, leiwers and
exhaust fans. A1llnstallaUons will be done In strict compliance with the Florida Building Code specifications and all
materlsls will be cerUtled to meet the wind and Impact standerds for wind up to 150 mph. The local muniCIpal or
county building department wllllnspsct the Installation.
BudGet
LIne Item BudGet*
Subcontract for materials and
InetallaUon ot shullers:
Total:
Project eoat Federal Share Local Share
$46.773.00
$46,773.00
535.080.00
$35,080.00
$11.693.00
$11,693.00
. Any line Item emountln thIs Budget may be Increasfld or decreased 10% or less without an amendment to this
Agreement being required. so long as the overall amount of the funds obligated under this Agreement Is not
Increased.
FundinG SummarY
Federal Share;
Local SharA:
Total Project eoat:"
$35,080.00 (75%)
$11.693.00 (25%)
$46,773.00(100%)
"The project cost Is Inclusive of administrative cost.
16
16C 2
11/1612009
15:38
!RAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANTS PROGRAM
Obligation Report w/8lgnalul88
HMGP.OB-02
DI..ster FEMA Amendment Stele Action Supplementol
No Project No No AppftceUon 10 No No Sla_1! .._._ Grontee
---~_... --,.-.-- ---- -_._-~--_....- -.--.- -_.._-~.
1785 15-R 1 24 15 FL statewide
Subgront.., Colller (County)
Subgront.. FIPS Code: 021-99021
Project TItle : Collier County, Environmentol CompUonce & Landfill Selle House,
WInd Retront
TolIl Amount
Previously AlIoceled
535.080
TolIl Amount
Previoutly Obllgoted
Totol Amount TolIl Amount Avolloble
Pendlng Obllgollon for New Obllgotlon
535,080
SO $0
Project Amount
Orontee Admin Est
Subgrontee Admin Ee' Totol Ob,lIgollon IFMIS Dote IFMIS SlItus FY
S35,080
$0
so
S35,080 1111512008
Accept 2010
Comtnlllnta
Dole: 111151200;
User Id: LRYDER
Comment: obllgaUon for 1755 projects
Dole: 11/15J2008
User Id: DBURKETT
Comment, Thle project wlft Involved Inetollatlon of Florldo Building Codo., to protect oil openlngo from otrong hurricane wind, throughout. Appr
HMO
Authorization
Preparer Name: LONNIE RYDER
HMO Aulhorlz811on Name: DEBORAH BURKETT
Preparation Date: 11/1612009
HMO Aulhorlzetlon Date: 11/1612009
~~~.u..
Aut Ilzlng Official Signature
CtlI/!P; f..Jm':' /'.mJ.,ICJ.,L
Authorizing Official TIDe
11-17-0Q
Authorization Date
Authorizing Official Signature
Authorizing Official Tille
Authorization Date
16-A
111191200g.
1:17PM
1!DI!RAL EMERlJI!NCY MANAGIlMBNT AGENC>
HAZARD MrrloATION GRANT PROGRAM
ProJtct ....gement Report
App 10 stile G..nlee
0...,.,., FEMA
. Number project Numbor
.1781 ll-R
SUbgfllnloe: . ColIIor (Coun~
FIPS 'Code: 021.ll8021
Amendment
Number'
1
I~
FL
24
16C 2
HMGP-AP-Ol
.'
PIIljecl T1lle: CoI1llIr County. EnvIrllnmentel ComplIonce a ~ndftU 8..11 House, WInd ReI
. .
Mltlqallon PrallCt D..crfDtJon
Amendment._ : Approved .
--......
.........1 0lI000l000\l...............~.~......,.,"""'......
_.-
........lc--.~
....~__l ,..
~c..-""'I 0...
......~..., II
.........~OMI II
....-......., ...~
""""""'-''''''''''1 CIAI'~
..........~..
......."-ClIo/IIol .....
"~llWl .....
Work 8chadu"SIatus
DeacrfDtlbn
nn. Frama
Dua n.ta RavfMd Data QpmDJ8IIon ti.1A
20Deye
20 Dtyt
D
00I00I0lI00
00IIllII000l!
00I00Ill000
IlOIOQlIOOO
00I00ID0ll0
00I00Ill000
00I00Ill000
00I00Ill000
ottiOOIOOOO
OOIOllIOOOO
ADarawd Amoun..
ToWl Approvtd
NIl! Ellg....
$48.~1
Flde..1 Total Approved
8"".. Perconl Fodtnll SIIIrt Amount
78.llOOOIlOlIOIj I $36,oecf I
00IlICI0000
00I00Ill000
00I00Ill000
00IlICI0000
00IlICI0000
00I00Ill000
00I00Ill000
00IlICI0000
0010OI0000
00I00Ill000
. 0010OIOOOO
. 00I00Ill000
0Cl/00I0000
0010OIOOOO
00I00Ill000
0010OIOOOO
llOIOOIOOOO
0010OIOOOO
TotaIl\iltlrovtd
SlIm Perctnt NoM'1d llhil.. AmoUnt
28.~ I $11,8~
Non-Flderwl.
Allacatfona
AlIocotlon 1FM18 IFM18
Number status 01llt
6 A 11/1012009
8ubm"afon
DeIt FY
1110512009 2010
E8 8uPllO/1
ReqlfJ
1781493
es Amend Pro) AllooAmount OrInlte 8ubgranlae
Number' FId Bh... Admin Amount Admin Amount
2 . I $38,oecf I sq I ttll
ToIIIl $3&'o8Q I $ljl $ljl
ObtfaatlMII
Action IFMl8 1FM18 Submlnlon
Nr Status Dale D1Ilt
1 A 11116J2009 11/1812009
. ES Support ES Amend Suppl Project ObRgad
FY Raq 10 Number Nr Aml- Fed SIll..
2010 1788n2 18 18 I $38,Osej I
ToI8l I $36.oaq I
Totel
AIIoo Amount
'38,08~
$36,osq
G.._ Admin SubgranlN
Amo\Int Admln Amount
~I ~I
~I '~I
16-B
ToI810bllgeted
Amount
$38,oaq
$3lI,Oscj
Ill121/20DlI
i1:61 AM
DIsaelior FEMA .
Number ProjIOt Number
1m 15.R
Subgnlntee: Collier (County)
FIPS Code: 021-80021
FlMA LaWIIIllo.
Amendment
Number
o
LIwoJEo.
Coul8lSarrle.. RNourcn AQ (CBRA)
Cleln W..r Ad. (CWA)
C_I Z- ManlllomentAol (CZMA)
Endangeqd Speclll AQ (ESA)
Fllh II1d WlId1Il'e Coordination Act (FWCA)
NatlDNll HlIIorlc PmorvIlIon Ad. (NHPA)
Cleln All M (CAA)
E,O. 11988: FIoodpllllll
E.O.11890: WalIIndo'
16C 2.
-
'>ERAL EMERGENCY MANAGEMENT AGEJI"'V
HAZARD MIl1GATtON GRANT PROGRAM
&nvlronm.... R~
HMGP.ev.01'
AppIO
Slate
~
24
FL
""-~
ProjIOt TItlI : Collier Counly, Envtronmontll ComplIoI1Cl & LIIldftI8ca1e Ho_. W1nd Rot
statu.
Complolld
COmplolld
Complllld
Complllld
Complelld
Complllod
CompIllId
Cornplolld
Complllld
&.0. 12898: &nvll'onmentll Justice for low Income and MInority Populallol1l Complelld
FEMA "SPA ,.......
FEMA 81IIua
Cat8x. Completod
1 GATE)( 1Y1* Gode
16. Repair, rapllca, -,1WolR, u!';rade to_
codaa and IlIndardl, or replaoe . fallllll1l1M
(fQ1l~'Y_.._ll1ldltlldllO.
""./fItxIN "'.__1 """'"' (... #CFR 10.' (4 (3)).
...E1wIrt>>t,"'_III""''' hPft1DHil
~No E>trocmllnary Clrcumotan"". RequIrIng In EA.
OocumenlallOll Complet&1012112Ol>>
16-C
16C 2
1012112009
11:61 AM
--OERALEMEROENCYMANAGEMeNTAGE~V
HAZARD MITIGATION GRANT PRO~RAM
Environmental Report
HMGP-EV-ol
01.... FEMA
Numbe, project Number
1788 1'.R
BubgnJntM: CollI.. (County)
FIPS Cod.: 021-89021
Amendment
Number
o
Ajlp 10
Stale
GrlIntM '
Z4
FL
Sletewld.
project TIle : CoOler County, Envlronmental CompDance & L.ndOn Scale HouH, WInd Rei
MonItorIlIfI Monltotlllfl Comp/oIJod
EntenId By RoqulNd Dale By
Lonnie L Ryder 0 00I00Ill000
COndlU.... l)OAny change to the .pproved .cope of WOJk wlN Nqu"- .......luoffon fOl eompl1enco wIfh NEPA.nd other Laws .nd
R~~~dl~)E~O~ .
2)OThIe I8'JIIw dON not I1ddraee .N t'ederal, Ilele, .nd Iocel Nqulltllienl$. Acceptance of federal funding Nqulra' recipient to
comply wIfh .. fedenll, - and IooaIlewe. F.uura to ObIeln aN .pproprlIte ",,*.1, ,r.1e and looaIanvlronmental penn/ls .nd
claarences may leoP8Idlze fedtral fundIng. .
3)01f glllllnd dr.tudiing adMIklIoccur during col18lrucllon, IlflplI08nl wlll monllo, ground d11lu1bence and If.ny po/8nt111
.roheologlcel.......- era dlecove..d wID fmmedletely..... con_n In that.... .nd nclIfy tit. 8/at$ a1lcl FEMA.
Slenda,d Condltlone
1. Ally change to Ihe.apjlIIlY8d ecope of WOJk will requlra .......1U.1lon fo, compliance wIfh NEPA and othe, Laws .nd ExecuUve Ordera.
2. TIIfa NVlewdoee not add_ all federal, alel8 .nd looalraqulrements. Acceptance of fed.ra1 funding ,.qulrM IlIc1p1ant to comply wIfh all
fedarel, - .nd IooaIIewI. p.nlllll to obtain all epproprl.la federal, llele.nd looaI.nvI_1 permllt and claalll/1C88 mey jeopardIZe federel
fundlng.
3. It ground dlllurblng eclMlIe. occur durlng COIlIlIUctIon, .pplIcant will monitor ground dletulb.nce.nd If .ny potenllal .rchoologfoal 'MOuroe.
.1lI ,",-red, w11llmmad1atety cea.. conttnlcllon In that .... and noUfy tII. S..,. Ind FEMA.
Commen!:
Any changee to the approved rnIllgellon lI1efIure 01 ecope ofWOJk wll8qulre ...ubmlnlon the Stile to FEMA, .nd will reqUIre IlIVl1luellon for
compliance wftII NEPA end SICIIon 108 of the N.lIonal HIIIorfc PmerVlIIIon Nt- NHPA prior to InlIelIon of eny wor1<. Non-compI1Ince wIfh
tIIeM JeqUlremenla may jeopardIZe FEMA'I ab/llly to fund lI1ta profect.-lRYDER-1012112OO8 111:"11 OUT
. 16-D
16C 2
Attachment B
Program Statutes and Regulatlons
The parties to this Agreement and the Hezard Mitigation Grant Program (HMGP) are generally governed by
the following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Asslslance Act;
(2) 44 QEB Parts 7, 9. 10, 13, 14. 17. 18.25,206,220, and 221. end any other applicable FEMA policy
memoranda and guidance documents; .
(3) State of Florida Administrative Plan for the Hazard MItigation Grant Program;
(4) Hazard MItigation long-term Recovery Guidance; and
(6) All applicable laws and regulations delineated In Attachment C of this Agreement
In addition to the above statues and regulations, the Reolplent must comply with the following:
The Recipient shall fully perform the approved hazard mitigation project, as described
In the Application and Allaohment A (Budget and Scope of Work) attaohed to this Agreement, In accordance with
the approved scope of work indicated therein. the eetlmate of costs Indicated thereIn, the allocation of funds
Indicated therein, and the terms and conditions of thIs Agreement. Recipient shall not deviate from the approved
proJeot and the terms and condlDons of this Agreement. Reolplent shall comply with any and all applicable codes
and standards In performing work funded undllt' thIs Agreement. and shall proVide any appropriate maintenance
and security for the project.
Any development permit Issued by, or development aotlvlty undertaken by. the Reolplent
and any land use permitted by or engaged In by the Recipient, shall be consistent with the local comPrehenslva
plan end land development regulations prepared and edopted pursuant to Chapter 163. Pert II. Florida Statutee.
Funds shall be expended for, and development actlvltlee end land uses authorized for, only those uses which are
permitted under the comprehensive plan and land development regulations. The Reclplent shall be responsible for
ensuring that any deVelopment permltlssUed and any development aotlvlty or land use undertaken Is. where
applicable, also authorized by the Water Management District, the FIOOda Department of Envlronmentel Protection,
the Rorlda Department of Heelth. the Florida Game and Rsh Commission, and any faderal. state, or local
environmental or land use permitting authooty. where required. Recipient agrees that any repair or construction
shall be In accordence with applicable standards of safety, decency. and sanitation. and In conformity with
appllceble codes. speolflcatlons and standards.
Reolplent will provide and maIntaIn competent and adequate engineering supervision at the construction
site to ensure that the completed work conforms with the approved plans and specifications and will furnlsh
progress reports and such other Information to HMGP as may be required.
If the hazard mitigation project described In AUachment A Includes an acquisition or relocation project. then
Reolplent shall ensure that, as a condition of funding undar thIs Agreement, the owner of the affeoted real property
shall reoord In the publlo rscords of tha county where It Is located the following covenants and restrlotions, whloh
shall run with and apply to any property acquired, aooepted. or from which a structure will be removed pursuant to
the proJeot: .
1. The property will be dedicated and maintained In perpetuity for a use that Is competlble with open
space, recreatIonal, or watiands management practices;
2. No new struoture will be erected on property other than:
17
16C2
(a) a public faclJlty that Is open on all sides and functionally related to a designated open
space;
(b) a restroom; or
3. A structure that the Director of the Federal Emergency Management Agency approves In wrltlng
before the commencement of the construcUon of the structure;
4. NtH the date of the acquiSition or relocaUon no application for disaster assistance for any purpose
will be made to any Federel entity and no disaster assistance will be provided for the property by
any Federal source; and
5. If any of these covenants and restrictions Is violated by the owner or by some third party with the
knowledge of the owner, fee simple title to the Properly described herein shall be conveyed to the
Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further
notice to the owner. Its successors and assigns, and the owner, Its successors and assigns shall
forfeit all right. tide and Interest In and to the property.
HMGP Contract Manager wiN evaluate requests for cost overruns and submit to the Regional Director
written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth In 44CFR
206.438(b). .
The National Envlronmenlal Policy Act (NEPA) stlpulatea that additions or amendments to a HMGP
Reclpleht Scope of Work (SOW) shall be reviewed by all State and Federal egencles participating In the NEPA
process. You are reminded that no construction may occur In thIs phase, that a full envlronmantal review must be
completed prlor to funding Phase II.
h a reminder, tha Recipient must obtain prior approval from the Stste, before Implementing changes to the
approved proJact Scope of Work (SOW). Per the Uniform Administrative Requirements for Grents and Cooperative
Agreements to State and Locel Governments:
1. For conatrucdon projects, the grantee must .obtaln prior wrilten epproval for any budget revision which
result In a need for addlUonal funds. (44 CFR 13 (c)); .
2. A change In the scope of work must be approved by FEMA In advance regardless of the budgat
Implications; and
3. The Recipient must notlfy the State as 800n as significant devalopments become known. such as
delays or adverse conditions that might raise costs or delay comp/eUon, or favorable condlUons allowing
lower cost or earlier completion. Any extensions of the period of performance must be submitted to
FEMA 60 days prior to the project explretlon date.
STATEMENT OF ASSURANCES
The Reclp/ent a88Ures that It will comply with the following statues and regulations. to the extent applicable:
1) 53 Federal Reglster 8034
2) Federal Acquisition Regulations 31.2 and 031.2
3) Section 1352, TlUe 31, US Code
4) OMB Circulars A-21 , A-87, A-110, A-122
5) Chapter 473, Rorlda Statutes
6) Chapter 215. RorIda Statutes
7) Section 768.28, Rorlda Statutes
8) Chapter 119, Florida Stetutes
9) Section 216.181(6), Florida Statutes
10) Cash Managementlmprovemenl Act Of 1990
11) American with OlsablllUes Act
12) Section 112.061. Rorlda Statutes
13) Immigration and NaUonallty Act
14) Section 286.011, Rorlda Statutes
18
16C 2
15) E.O. 12372 and Unlfonn Admlnlstratlve Requirements for Grants and Cooperatlve Agreements 28 CFR.
Part 66. Common rule,
16) l!nlform Relocation Assistance and Real Property Acquisitions Act of 1970
17) Tltla I of the Omnibus Crime Control and Safe Streets Act of 1968,
18) Juvenile Justice end Delinquency Prevention Act, or the Vlctlms of Crime Act
19) 28 CFR applicable to grants and cooperative agreements .
20) Omnibus CrIme Control and Safe Streets Act of 1968, as amended.
21) 42 USC 3789(d). or Victims of Crime Act (as appropriate);
22) Section 504 of the Rehabilitation Act of 1973. es amended:
23) Subtltia A, Title II of the Americans with Dlsabnnles Act (ADA) (1990);
24) 28 CFR Part 42, SUbparts C.D,E. and G
25) Department of Justice regulations on dlsablllly discrimination, 28 CFR Part 35 and Part 39.
19
16C 2
Attachment C
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Recipient certlfles thet:
(a) It possesses legal authority to enter Into this Agreement, and to carry out the proposed program;
(b) Its governing body has dUly adopted or passed as an official act a resolullon, mollon or similar action
authorizing the execullon of the hazard mlllgallon agreement with the DlvIslon of Emergency Management
(OEM), Including all understandings and assurances contained In It. and dlractlng and authorizing the
Recipient's chief administrative officer or designee to act In connecUon with the appllcallon and to provide
such addlllonallnformatlon as may ba required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner. shall
racelve any share or part of this Agreement or eny benefit. No member. officer, or employee cA the
Recipient or Its designees or agents, no member of the governing body cA the locality In which the program
Is situated, and no other public offIcfal of the locality or Iocalllles who exercises any functions or
responsibilities with respect to the program during his tenure or for one year after, shall have any Interest.
direct or Indirect, In any contract or sUbcon!reot, or the proceeds, for work be performed In connecllon with
the program asslsted under this Agreement. The Recfplent sheltlncorpDlllte, In all contracts or
subcontracts e provision prohlblling eny Interest pursuant to the purpose state above;
(d) All Recipient contracts for which the State legislature Is In any pert a funding source. shaU contain
language to provide for termlnallon with raasonable costs to be paid to the Recipient for eligible contract
work completed prior to the date the notice of suspension of funding was received by the Recipient. Any
cost Incurred after a notice of suspension or termination Is received by the Recipient may not be funded
with funds provided under this Agreement unless previously approved In writing by the Division. All
Recipient contracts shall contain provisions fo'r termination for cause or convenience and shall provide for
the method cA payment In such event;
(e) It will comply with:
(1) Conlrect Work Hours and Sefety Standards Act cA 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 nolless than one and one-half
times their beslc wage rates for all hours worked In excess of forty houra In a work week; and
(2) Federal Fair Lebor 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.helf times
their basic wage rates for all hours worked In excess of the prescribed work-week.
(f) It will comply with:
(1) Title VI of the ClvU Rights Act cA 1964 (P.L 88-352). and the regulations Issued pursuant thereto,
which provides that no person In the United States shall on the grounds of race, color, or national
origin, be excluded from partIcipation In, be denied the benefits d, or be otherwise subjected to
dlscrlmlnatlon under any program or activity for v.t1lch the Recipient receives Federal financial
assistance and will Immediately take any I]leasures
necessary to effectuate this assurance. If any real property or structure thereon Is provided or
Improved with the aid of Federal financial assistance extended to the Recipient, this assurance
shall obligate the Recipient, or In the cese 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;
20
16C 2
(2) Any prohlbltlon against discrimination on the basis of age under the Age Discrimination Act of 1975,
as amended (42 U.S.C.: 6101-6107) which prohlblts discrimination on the basis of age or with
respect to otherwise qualified handicapped Individuals as provided In Section 504 of the
Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086. and the regulations
Issued pursuant thereto. which provide tha! no parson 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 ectlon to Insure fair treatment In
employment. upgrading, demotion, or transfer; recruitment or recruitment adverUelng;
layoff/tarmlnatlon, rates of payor other forms of compensation; and election for training and
apprenticeship;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that Is or gives the
appearance of being motivated by a desire for prlvats gain for themselves
or others. particularly those with whom they hava femlly, business. or othaitles pursuant to Section
112.313 and Section 112.3135.~ .
(h) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes
penalties for "klckbacks" of wages In federally financed or assisted construction ectlvltles;
(I) It will comply with the provisions of 18 USC 594. 598, 600-605 (further known as the Hatch Act) which tlmlts
the political activities of employees;
0) It will comply with the flood Insurance purchese and other requirements of the Flood Disaster Protection Act
of 1973 as amended. 42 USC 4002-4107, Including requirements regarding the purchase of flood Insurance
In communities where such Insurance Is avaHable as a condlUon for the recelpt of any Federal financial
assistance fot construction or acquisition purposes for use In sny area having special flood hazards. The
phrase "Federal financial assistance" Includes any form of loan. grant. guaranty, Insurance payment.
rabate. subsidy. disaster esslstance loan or grant. or any other form of dlract or Indirect Federal assistance;
(k) It will require every building or facility (other than a privately owned residential structure) designed.
constructed. or altered with funds provided under this Agreement to comply with the .Uniform Federal
Acceasablllty Standards," (AS) which Is Appendix A to 41 QER Section 101-19.6 for general type buildings
and Appendix A to 24 QER Part 40 for resldentllll structuras. The Recipient will be responsible for
conducting Inspections to ensure compliance with these specifications by the contractor;
(I) It will. In connectlon with Its performance of environmental allS8Ssments under the National Environmental
Policy Act d 1969, comply with Seetlon 106 of the National Historic Presarvatlon Act of 1986 (U.S.C. 470),
Executive Order 11593. 24 CFR Part 800. and the Preservation of
Archaeological and Historical Dala Act of 1966 (16 U.S.C. 469a-1. et aeq.) by:
(1) Consulting with the Slate HlstorlcPreservatlon Office to Identify properUesllsted In or
eligible for Inclusion In the National Register of Historic Places that are SUbJect to adverse
efflicts (see 36 CFR Section 800.8) by the proposed activity; and
(2) Complying with all requirements established by the State to avoid or mitigate adverse
effects upon such properties.
(3) Al;Jldlng by the terms and conditions of the "Programmatic Agreement Among the
Federal Emergency Management Agency, the Florida State Hlatorlc Praservatlon
Office. the Florida Olvlelon of Emergency Management and the AdvlsolY Council on
Historic Preservation. (PA)" which addresses roles and responsIbilities of Federal and
State eniltles In Implementing Seetlon 106 of the National Historic Preservation Act
21
16C 2
(NHPA), 16 U.S.C. 47Of, and Implamantlng regulations In 36 CFR part 800.
When any of Reclplant's projects funded under this Agraamant may affect a historic
property, as defined In 36 CFR 800. (2)(e), the Federal Emergency Management Agency
(FEMA) may require Recipient to review the eligible scope of work In consultation wlth the
State HIstoric Preservation Offlce (SHPO) and suggest methods of repair or construction
that wlll conform with the recommended approaches &at out In the Secretary of Interior's
Standsrds for Rehabilitation snd Guldellnea for Rehabilitating Historic Buildings
1992 (Standerde), the Secretary of the Interior's Guldennea for Archeological
Documentation (Guldellnea) (48 Federal Register 44734-37), or any other applicable
Secretary of Interior standards. If FEMA determInes that the eligible Scope of work wlll not
conform with the Standards, Recipient agrees to participate In consultations to develop,
and, aftar execution by all parties, to abIde by, a v.rlllen agreement that astabllshes
mitigation and recondition measures, Including but not limited to, Impacts to archeologlcel
sites. and the salvage. storage, and reuse of any algnlflcant archItectural features that may
otherwise be demolished.
Recipient agrees to notliy FEMA and the Dlvlslon If any project funded under this
Agreement will Involve ground disturbIng activities, Including, but not limited to: subsurface
disturbance; removal of trees; excavation for footings and foundations; and Installation of
utilities (such as water, sewer, storm drelns, electrlcel. gea, leach lines and aeptlc tanks)
except where these activities are restricted solely to areaa previously disturbed by the
Installation, replacement or maIntenance of such utilities. FEMA will requeat the SHPO'a
opInion on the potential that aroheologlcal properties may be present and be affected by
such aotlvltlas. The SHPO will advise Reclplant on any feasible steps to be accomplished
to avoid any National Reglater eligible archeological property or wlll make
recommendations for the development of a treatment plan for the recovery of archeological
data from the proparty.
If Recipient Is unabla to avoid the archeological property, davalop, In consultation with the
SHPO, a traalment plan consistent wlth the Guidelines and take Into account the Advisory
Council on Historic Preservation (CouncU) publication "Treatment of Archeological
Properties". Reclplant shell forward Information regarding the treatment plan to FEMA, the
SHPO and the Council for review. If the SHPO and the Councll do not object withIn 15
celendar days of receipt of the treatment plan, FEMA may direct Reclplent to Implement the
treatment plan. If
either the Councft or the SHPO object, Reclplent shall not proceed wlth the project untft the
objection Is resolved.
(6) RecipIent shall notify the Division and FEMA ae soon as practlceble: (a) of any changes In
the approved scope of work for a National Register eligible or lIated property; (b) of all
changas to a project that may result In a supplemental OSR or modify an HMGP project for
a National Register ellglble or listed property; (c) If it appeare that a project funded under
this Agreement will affect a previously unldentlfled property thet may be eligIble for
Inclusion In the National RegIster or affect a known hIstoric property In an unanticipated
mannar. RecipIent acknowledges that FEMA may require Recipient to stop construction In
the vicinity of the discovery of a previously unldentnled property that may be 81lglble for
InclusIon In the NatIonal RegIster or upon learning that construction may affect a known
historic property In en unantlclpeted manner. Recipient further aCknOwledges that FEMA
may requIre Reclplent to take all reasonable measures to avoid or minimize harm to such
property unt" FEMA concludes consuItetlon with the SHPO. Reclplant also acknowledges
lhat FEMA wlll require, and Recipient shall comply with, modlllcations to the project scope
of work nacessary to Implement recommendations to address the project and the property.
(5)
(4)
(7) Recipient acknOwledges that. unless FEMA speclllcally stipulates otherwise, It shall not
22
(y)
(z)
. (aa)
(bb)
(ee)
16C 2
(m)
receive funding for proJect8 when, with Intent to avoid the requirements of the PA or the
NHPA, Reclplentlnten\fonally and slgnlflcanUy adversely affects a historic property, or
having the legal power to prevent It, allowed such significant adverse affect to occur.
It will comply with TlUe IX of the Education Amendmenla of 1972, as amended (20 U.S. C.: 1681-1683 and
1685 - 1686) which prohibits discrimination on the basis of sex;
It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relallng to nondlscrlmlnaUon on the basis of alcohol
abuse or alcohol/sm;
(n)
(0)
It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 e8-3),
as amended, relallng to confidentiality of alcohol and drug abuse pallent records;
It will comply with lead-Based Paint Polson Prevention Act (42 U.S.C.: 4821 etseq.) which prohlblla the
use of lead based paint In construction of rehabHltation or residential structures;
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;
It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the care,
handling, and treatment of wann blooded animals held for research, teaching, or other actlvlties supported
by an award of assistance under this agreement; .
It will comply with TlUe VIII of the Civil Rights Act of 1968, 42 U.S.C. 20000 and 42 3601-3619, as
amended, relating to non-dlscrlmlnaUon In the sele, rantal, or flnancfng of housing, and Tltie VI of the Clvl
Rights Act of 1964 (P.L. 88-352), which prohibits dlsctlmlnatlon on the basis of race, color or nallon origin;
It will comply with the Oean AIr Act of 1955, as amended, 42 U.S.C. 7401-7642;
It will comply with the Oean Water M of 1977, as amended, 42 U.S.C. 7419-7626;
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
It will comply with the Endangered Spacles Mof 1973,16 U.S.C.1531-1544;
It will comply with tha Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
It will assist the awarding agency In assuring compliance with the National Historic Preservation Act of
1968, as amended, 16 U.S.C. 270;
It will comply with environmental standards which may ba prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
It will assist the awarding agency In assuring compliance with the Preservation of Archeological and
Historical Preservallon Act of 1968,16 U.S.C. 469a, etseq;
It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-dlscrlmlnatlon;
It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking
Water Act of 1974, 42 U.S.C. 30Of-30Oj, regarding the prolactlon of underground water sources;
It will comply with the requirements of TItles It and III of the Uniform Relocation Asslstance and Property
Acquisition Policies Act of 1970; 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of
persons displaced or whose property Is acquired as a result of Federal or federally assisted progrems;
23
16C 2
(dd) It will comply with ttJe Wild and Scanic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecl/ng
components or potimtial components of the nallonal wild end scenic rivers system;
(ee) It wll comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (vlolaUng taclll/es); EO
11988 (Floodplain Management); EO 11990 (Wetlands); and EO 1289S (Environmental Justice);
(ft) II will comply with the Coastsl Barrier Resources Act of 1977, 16 U.S.C. 3510;
(gg) It will assure project consistency with the epproved Stale program developed under the Coastal Zone
Management Act of 1972, 16 U.S.C. 1451-1464; end
(hh) 11 will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C, 661-666.
(II) Wllh respect to demolition activities, II will:
1. Create and make available documental/on suffk:lentto demonstrate thai the Recipient and Ita
demolition contractor have sufficient manpower and equipment to comply with the obl/gallons as
outlined In this Agreement. .
2. Return the property to Its natural state as though no Improvements had ever been contained
thereon.
3. Furnish documentation of all qualified personnel, licenses and all equlpmenl necessary to Inspect
buildings located In Reclplent's Jurisdiction to detect the presence of asbestos and lead In
accordance with requirements of the U.S. Environmental ProtacUon Agency, the Rorlda
Department cI Envlronmentel Protection and the County Health Department.
4. Provide documental/on of the Inspection resulte for each structure to Indicate:
e. Safely Hazards Present
b. Health Hazards Present
c. Hazardous Materials Present
5. Provide supervision over contractors or employees employed by Recipient to remove asbeStos and
lead from demolished or otherwlse applicable structures.
6. Leave the demolished slle clean, level and free of debris.
7. Notify the Division prompUy of any unusual existing condition which hampers the contractors work.
S. Obteln all required permits.
9. Provide addresses and marked maps for each slle where water wells and septic tanks are to be
closed along with the number of walls and sepllc tenks located on each slle. Provide
documentation of closures.
10. Comply with mandatory standards and policies ralal/ng to energy efficiency which are contained In
the Stete energy conservation plan Issued In compliance with the Enerl)y Polley and Conserval/on
Act (Public law 94-163).
11 . Comply with all applicable stendards, orders, or requirements Issued under SectIon 112 and 306 of
the Clean AIr Act (42 U.S.C. 1857 (h), Sacl/on 508 of the Clean Water Act (33 U.S. 1388),
Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part
15 and 61). This clause shall be added to any subcontracts.
12. Provide documental/on of public notices for demolll/on actlvldes.
24
16C 2
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
HAZARD MITIGATION GRANT PROGRAM FUNDS
OEM Agreement No: 1OHM.88-09-21-Q1-012
FEMA Trecklna Numbers~ ~5-R
Eligible Obligated Obligated OEM Use Only
Amount Federal Non-Federal Previous Current
100% 75% 25% Payments ReQueat Approved Commenta
TOTAl CURRENT REQUEST $
I certify that to the best of my knov.1edge and belief the above accounts are correct, and that all disbursements
were made In eccordance with all conditions of the Division agreement end payment Is due end has not been
previously requested for these emounts.
RECIPIEIfT SIGNATURE
NAME AND TITLE
DATE:
TO BE COMPLETeD BY DIVISION OF EMERGENCY MANAGEMENT
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST $
APPROVED FOR PAYMENT $
GOVERNOR'S AUTHORIZED REPRESENTATNE
DATE
25
16C 2
Attachment D
(continued)
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MITIGATION GRANT PROGRAM
Applicant: Collier Counlv
OEM Agreement No. 10HM-88-09-21-01-012
Disaster No.~
FEMA Tracking # : 1785-1 &oR .
AppIlcanre Oste of delivery DOCUMENTATION ApplIConro
Relerenee No. 01 articles. LIst OOCt1!llentatJon (Applc8nl'e poyrol. malO/lei out of eligible Coats
(WarraiJl, VouchO/. comp/otlon 01 epp/lCent'e stock, spplICont owned equlpmentend neme of 100%
ClaIm Check, or WOlle or vendor or contrector) by Celegol}l end line nom In the
Schedule No.) porformence approved project eppllcatlon end give e briel deecrtpllon of
"....Ie... the erllel.. or 18IVIcee.
TOTAL
26
...,.,~.._--_._-,--,._--
16C 2
Attachment E
JUSTIFICATION OF ADVANCe PAYMENT
RECIPIENT:
IndIcate by checking one of the boxes below, If you are requesting an advance. If an advanca payment 18
requested, bUdget data on whIch the r!lQuestls baaed must be submltlad. Any advance payment under this
Agreementla sublectlo a. 216.181(16), Aorlda Statutes. The amount which may be adVar\cad shall not exceed
the expected cast! needs of the recipient within the Inll'al three months.
[ ) NO ADVANCE REQUESTED
[ ) ADVANCE REQUESTED
Advance payment of $ Is requeated. Balanca of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplIcate forms
and purchase start-up supplies aOd equipment. We would not be
able to operate the program wlthoutlhls advance.
No advance payment Is requested.
Payment will be solely on a
reImbursement basIs. No additional
Information Is required.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, comp/ete the following worksheet.
DESCRIPTtON
(A)
FFY
2007-2008
(B)
FFY
2008-2009
(C)
FFY
2009-2010
(D)
Total
1
2
3
Cell 03
x $
II
HMGP Award
(00 not Include match)
MAXIMUM
ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
[ ) Recipient has no previous HMGP contract hIstory. Camp/eta Estimated Expenses chart
and Explanation Of CIrcumstances below.
[ ) RecIpIent has exceptional circumstances that requIre an advance greater than the Maximum
Advance calculated ebove. Comalete estimated expenses chart end Explenatlon of CIrcumstances
below. Attach additional pages" needed.
27
ESTIMATED EXPENSES
16C 2
2009-2010--__
BUDGET CATEGORY Anllolpated EXD.ndltu.... for Firat Three Montha of Contract
ADMINISTRATIVE COSTS
PROGRAM EXPENSES
TOTAL EXPENSES
Exalanatlon of elrcumstancu:
28
16C 2
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
RECIPIENT: Collier Counlv
Project Number: 1785-15-R
PROJECT LOCATION: Wind Retrofit
OEM 10 #: 10HM-88-09-21.01.012
DISASTER NUMBER: FEMA-1785-DR.FL
QUARTER ENDING:
Provide amount of edvance funds disbursed for period (If applicable) $
Provide reimbursement projections for this project:
July-Sep. 200_$
July-Sep, 200_$
Oct-Dee, 200_$
Oct-Dee, 200_$
Jan-Mar,200__$_____ Apr~une,2oo__$_____
Jan-Mer, 200_$
Apr-June. 200_$_____
Percentage of Work Completed (may be confirmed by state Inspectors):
Project Proceeding on Schedule: [J Yes [] No
%
Describe mHestones achieved during this quartar:
Provide a schedule for the remainder of work to project completion:
Describe problems or circumstances affecUng completion data. milestones. scope of work, and cost:
Cost Status: [] Cost Unchanged
Additional CommentslElaboration:
[] Under Budget
[ ] Over Budget
NOTE: Division of Emergency Management (OEM) staff may perform Interim Inspections end/or audita at
any time. Events may ooour between quarterly reports. v.tIlch have slgnlflcant Impect upon your
proJect(s), such es antlclpated overruns, changes In scope of work, etc. Please contact the Division as
soon as these conditions become known. otherwise you may be found non-compliant with your subgrant
award.
Name and Phone Number of Person Completing This Form
29
16C 2
Attachment G
Warrentl.. and Rep.....nlatlon.
Financial Manaoement
Reclplent's financial management aystem shall provide for the followlng:
(1) Accurate, current and complete disclosure of the financial results of this project or progrem
(2) Records thet Identify the source and use of funds for all ectlvltles. These records shall
contain Information pertaining to grent awards, authorizations, obllgetlons, unobllgeted
balances, assets, outlays, Income and Interest.
(3) Effective control over and accountabNlty for all fUnds, property and other assete. Recipient
shall saf~guard all such assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, flnanclellnformallon should be related to performance and unit cost date.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the tarms and conditions of this
Agreement.
(6) Cost accounting records that ara supported by beckup documentellon..
Comoetltlon.
All procurement transactIons shall be done In a manner to provide open and free competJllon. The
Recipient shall be alert to conflicts of Interest as well as noncompetitive prectlcas among contractors that
may restrict or .e1lmlnate competition or otherwise restrain trade. In order to enaure exceUent contractor
performance and eliminate unfair competitive advantege, contractons that develop or dnsft spaclflcatlons,
requirements, statemants of work, Invitations for bids and/or requests for proposals shal.1 be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror v.tIose bid or offer
Is responslve to the solicitation and Is most adventageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly seI forth all requirements thet the bidder or offeror must fulfill
In order for the bid or offer to be evalueted by the Recipient. Any and all bids or offens may be rejected
v.tIen It Is In the Reclplent's Interest to do so.
Codes of conduct.
The Recipient shell maintain \WItten standerds of conduct governing the performance of Its employees
engaged In the award and administration of contracts. No employee, officer, or agent shaH pertlclpate In
the selection, award, or administration of a contract supported by publlo grant funds If a real or epparent
conflict of Interest would be Involved. Such a conflict would erlse when the employee, officer, or agent,
any member of his or her Immediate femHy, his or her partner, or an orgenlzatlon whIch employs or Is
about to employ any of the parties Indicated, has a financial or other Interest In the firm selected for an
award. The offlcens, employess, and agenta of the Recipient shall neither solicit nor eccapt gratuities,
favons, or enythlng of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actIons to be applied for violations of such standards by offlcers.
employees, or egents of the Recipient.
Business Hours
The Recipient shall heve Its offices open for business, with the entrance door open to the publle, and at
least one employee on site, from 6:00 a.m. to 5:00 p.m., local time, Monday through Friday.
L1censlna and PermltUna
All subcontractors or employees hired by the RecIpient shall have all current llcanses and permits
required for all of the pelliCUlar work for which they are hired by the Recipient.
30
16C 2
Attachment H
c-
'-'d,""-'_,"
':->:':"":->"-
,'-i<\":""">--'-"
..... .. '..' c:er@cationRegarding... '.. ....~...... . .. ..' ~]..
Debarti1ent; suspensJon, tn~liilibilitY .. .' . .
.. . And Voluntary ExclusIOn" ..~..~.. .....~.. ___,__
Contractor Covered Transactions
(1)
The prospective contractor of the Recipient. h \Je I 0 ~ ; ,certifies, by
submission of this document, that neither it nor its prin' Is is presently debar ed, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2)
Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall atlach an explanation to this form.
CONTRACTOR:
I . ' j ,
1-/,(;/) ~/;:;JDi I)
c" (/ \ C~---
By: ..?:':'> ~-\.... /\...............:cT
Signatl{~e<~ ( ) /"
_.. (, .. ./,-" ,/, I,
~ ;>t."I/~: (:'INL()~~J<'" l'I;-:'~_~~~..LJ.-":I(
Name and Title '
I, I,P t,
I j ~
'" Vx.-."
(1 '" \ l ~ <a.,. CQ <.:! t-J ~
ReCfpien~s Name .
Division Contract Number
,:/':.j\.'() /J/{-'r-/'>~!' /. ,1(, /1 ~/.~.-
Street Address
'~/L/I he /1.. 1" I k) </
City, State. Zip
"
,) -
,?'_ -. ;'r)'-- /(,J
Date
Appt@Wld !l9 ro form &. legai SuffleilOliUljj
\ \~"'--J~~
As.efstE:m GO:J:,t\l/J,it'-"m()'~
ATTEST: :,
DWIGHT E. aROCK, ClERK
'~Ierk'
A~ UW ~
119natur. on..
:
31