Resolution 2001-092
RESOLUTION NO. 01 - 92
16F3 f-
RESOLUTION AUTHORIZING THE EXECUTION AND
ACCEPTANCE OF AN AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND
COLLIER COUNTY
WHEREAS, the Federal Emergency Management Agency through its
Hazard Mitigation Grant Program has made funds available to the Florida
Department of Community Affairs for further dispersal to local jurisdictions
to enhance local sheltering programs; and
WHEREAS, the Florida Department of Community Affairs, by means of
the attached Agreement # OI-HM-6L-09-21-15-007, is agreeing to provide,
by means of reimbursement for costs incurred by the County for the
installation of hurricane protection devices at Gulf Coast High School, the
sum of$ 9,945.00
WHEREAS, the Board of County Commissioners of Collier County agree
that the performance of the subject Agreement is in the best interest of
Collier County;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
that the Board approve Agreement # 01-HM-6L-09-21-15-007 between the
State of Florida Department of Community Affairs and Collier County as
presented to the Board for review, and hereby authorized the Board's
chairman to execute the Agreement on behalf of Collier County.
This Resolution adopted after motion, second and majority vote in favor of
adoption this :z?;Gt..- day of March, 2001.
By:
'. :':~~TEST: Dwight E. Brock
_.By:~,"j;;~ .d#~
. .,: (Deputy Clerk)
Attest.~s...to Chi 1 I"IIIft "
S1004ttirt on1J_
Approved as to form
and Legal Sufficiency:
~\)R ~~~~ \\r~ qJ:\T~~G.\N\\ \It
David Weigel \,<;<1\. C\~. ~"l
County Attorney
~
DE
JEB BUSH
Governor
STATE OF FLORIDA
OF COMMU
PARTMENT NITY
"Dedicated to making Florida a better place to call home"
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AFFAIRS
STEVEN M. SEIBERT
Secretary
April 20, 2001
Mr. James Von Rinteln, Coordinator
Emergency Management
Collier County
3301 Tamiami Trail
Naples, Florida 34112
Re:
FEMA Project 1300-0007
Gulf Coast High School
Dear Mr. Von Rinteln:
Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract
(DCA No. 01HM-6L-09-21-15-007) between Collier County and the Department of Community
Affairs. Upon completion of the work identified in the contract, a Request for Payment form
(Attachment E) should be completed and submitted to the Department for processing in
accordance with Paragraphs (4) and (16) of the Agreement.
If you have any specific questions regarding the contract or the Request for Payment
form, please call Sherie Carrington at 850/922-5230.
Sincerely,
fDivision/of Emergency Management
JFM:ssc
Enclosures
2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT
2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard
Marathon, FL 33050-2227 Iallahassee, FI 32399-2100 Tallahassee, FI. 3239%2100 Iallahassee, FL 32399-2100
(305) 289-2402 (850) 488-2356 (850) 413-9969 (850) 488-7956
Contract Number:01HM-6L-09-21 - 15-007
CFDA Number: 83.548
AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and Collier County, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, Hurricane Irene produced disastrous weather conditions which had a
devastating impact upon the State of Florida; and
B. WHEREAS, the severity of the damage loss resulted in the declaration of an
emergency by the Governor; and
C. WHEREAS, The President of the United States has concurred and has declared a
major disaster designated FEMA-DR-1306-FL; and
D. WHEREAS, the Federal Emergency Management Agency (FEMA), as a result of
the Presidential Declaration, has made available federal funds for hazard mitigation grants; and
E. WHEREAS, the Recipient represents that it is fully qualified, possesses the
requisite skills, knowledge, qualifications and experience to provide the services identified
herein, and does offer to perform such services, and
F. WHEREAS, the Department has a need for such services and does hereby accept
the offer of the Recipient upon the terms and conditions hereinafter set forth, and
G. WHEREAS, the Department has authority pursuant to Sections 252.35,252.36,
252.37, 252.38 and 163.03, Florida Statutes (Fla. Stat..) and other pertinent Florida law to
disburse the funds under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement. Within thirty (30) days of execution of
this Agreement, Recipient shall submit to the Department, for its approval, a detailed
Scope of Work and a detailed line item Budget which shall govern the performance of the
Recipient hereunder, and which shall be incorporated by reference in this Agreement
through a modification signed by both parties. The Scope of Work must include specific
interim due dates for each task or activity which is necessary to accomplish the project for
which this grant is awarded. Failure to complete any task or activity by the due date set
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forth in the Scope of Work will be an Event of Default under Paragraph 9 herein. The
Application of the Recipient for this grant, as approved by the Department, is hereby
incorporated by reference, and the terms of that approved Application are binding upon
the Recipient.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement. shall begin upon eXecution by both parties, and shall end twenty-four
(24) months from the date of execution, unless terminated earlier in accordance with the
provisions of paragraph (9) of this Agreement.
(4) MODIFICATION OF CONTRACT; REPAYMENTS.
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed
by each of the parties hereto, and attached to the original of this Agreement.
Notwithstanding the foregoing, any budget changes which do not increase the overall cost
of the project or change the scope of work do NOT require a written modification to this
Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to
the Department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard oak Boulevard
Tallahassee FL 32399-2100
(5) RECORD KEEPING.
(a) Recipient's performance under this Agreement shall be subject to 44 CFR Part 13
"Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments" and OMB Circular No. A-87.
(b) In the event that more than one project is funded under this Agreement, the funds
received by the Recipient for each project may not be commingled, and the funds
obligated or expended for each project must be accounted for separately, with
separate record keeping for each project.
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(c) All original records pertinent to this Agreement shall be retained by the Recipient
for three years following the date of termination of this Agreement or of
submission of the final close-out report, Whichever is later. However, if any
litigation, claim or audit is started before the expiration of the three year period
and extends beyond the three year period, the records will be maintained until all
litigation, claims or audit findings involving the records have been resolved.
(d) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the
Budget and Scope of Work, Attachment A to this Agreement, and all applicable
legal requirements.
(e) The Recipient, its employees or agents, including all subcontractors or consultants
to be paid from funds provided under this Agreement, shall allow access to its
records at reasonable times to the Department, its employees, and agents.
"Reasonable" shall be construed according to the circumstances but ordinarily
shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on
Monday through Friday. "Agents" shall include, but not be limited to, auditors
retained by the Department.
(6) REPORTS.
(a) The Recipient shall provide quarterly progress reports to the Department, using
the attached Quarterly Report Form, Attachment F. The first report is due on the
first day of the federal quarter, after the date of execution of this Agreement and
quarterly thereafter until the work has been completed and approved through final
inspection. Thereafter, reports shall be due on January 1, April 1, July 1, and
October 1. Reports shall indicate the status and completion date for each project
funded, any problems or circumstances affecting completion dates, or the scope of
work, or the project costs, and any other factors reasonably anticipated to result in
noncompliance with the terms of the grant award. Interim inspections shall be
:- scheduled by the Recipient prior to the final inspection and may be requested by
the Department based on information supplied in the quarterly reports. The
Department may require additional reports as needed. The Recipient shall, as
soon as possible, provide any additional reports requested by the Department. The
Department contact will be the state hazard mitigation officer for all reports and
requests for reimbursement.
(b) Recipient shall provide the Department with a close-out report on forms provided
by the Department. The close-out report is due no later than sixty (60) days after
termination of this Agreement or upon c°mpletion of the activities contained in
this Agreement.
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(c) If all required reports and copies, prescribed above, are not sent to the Department
or are not completed in a manner acceptable to the Department, the Department
may withhold further payments until they' are completed or may take such other
action as set forth in paragraph (9). The Department may terminate the
Agreement with a Recipient if reports are not received within 3 0 days after written
notice by the Department. "Acceptable to the Department" means that the work
product was completed in accordance with generally accepted principles and is
consistent with the Budget and Scope of Work.
(d) Upon reasonable notice, the Recipient shall provide such additional program
updates or information as may be required 'by the Department.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure
that time schedules are being met, the Budget and Scope of Work is being accomplished
within specified time periods, Recipient is complying with all terms and conditions of
this Agreement, and other performance goals are being achieved. Such review shall be
made for each function or activity set forth in Attachment A to this Agreement and each
term and condition established herein.
(8) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely
responsible to parties with whom it shall deal in carrying out the terms of this
Agreement, and shall save the Department harmless against all claims of whatever
nature by third parties arising out of the performance of work under this
Agreement. For purposes of this Agreement, Recipient agrees that it is not an
employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
.~- Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or
tortuous acts and agrees to be liable for any damages proximately caused by said
acts or omissions. Nothing herein is intended to serve as a waiver of sovereign
immunity by any Recipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(9) DEFAULT; REMEDIES; TERMINATION.
(a) If the necessary funds are not available to fund this agreement as a result of action
by Congress, the state Legislature, the Office of the Comptroller or the Office of
Management and Budgeting, or if any of the following events occur ("Events of
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Default"), all obligations on the part of the Department to make any further
payment of funds hereunder shall, if the Department so elects, terminate and the
Department may, at its option, exercise ariy of its remedies set forth herein, but the
Department may make any payments or parts of payments after the happening of
any Events of Default without thereby waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
1. If any warranty or representation made by the Recipient in this
Agreement or any previous Agreement with the Department shall
at any time be false or misleading in any respect, or if the Recipient
shall fail to keep, observe or perform any of the terms or covenants
contained in this Agreement or any previous agreement with the
Department and has not cured such in timely fashion, or is unable
or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial
condition of the Recipient at any time during the term of this
Agreement from the financial condition revealed in any reports
filed or to be filed with the Department, and the Recipient fails to
cure said material adverse change within thirty (30) days from the
time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted
to the Department or have been submitted with incorrect,
incomplete or insufficient information; or
4. If the Recipient has failed to perform and complete in timely
fashion any of the services required under the Budget and Scope of
Work attached hereto as Attachment A.
(b) Upon the happening of an Event of Default, then the Department may, at its
option, upon written notice to the Recipient and upon the Recipient's failure to
timely cure, exercise any one or more of the following remedies, either
concurrently or consecutively, and the pursuit of any one of the following
remedies shall not preclude the Department from pursuing any other remedies
contained herein or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at
least thirty (30) days prior written notice of such termination. The
notice shall be effective when placed in the United States Mail,
first class mail, postage prepaid, by registered or certified mail-
return receipt requested, to the address set forth in paragraph (10)
herein;
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2. Commence an appropriate legal or equitable action to enforce
performance of this Agreement;
3. Withhold or suspend payment of all or any part of a request for
payment;
4. Exercise any corrective or remedial actions, to include but not be
limited to, requesting additional information from the Recipient to
determine the reasons for or the extent of non-compliance or lack
of performance, issuing a written warning to advise that more
serious measures may be taken if the situation is not corrected,
advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the
Recipient to reimburse the Department for the amount of costs
incurred for any items determined to be ineligible; or
5. Exercise any other rights or remedies which may be otherwise
available under law.
(c) The Department may terminate this Agreement for cause upon such written notice
as is reasonable under the circumstances. Cause shall include, but not be limited
to, misuse of funds; fraud; lack of compliance with applicable rules, laws and
regulations; failure to perform in a timely manner; and refusal by the Recipient to
permit public access to any document, paper, letter, or other material subject to
disclosure under Chapter 119, Fla. Stat., as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla.
Stat., as amended. Notification of suspension or termination shall include notice
of administrative hearing rights and time frames.
(e) The Recipient shall return funds to the Department if found in noncompliance
-. with laws, rules, regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of the Agreement by the Recipient. The
Department may, to the extent authorized by law, withhold any payments to the
Recipient for purpose of set-off until such time as the exact amount of damages
due the Department from the Recipient is determined. In the event that the
Federal Emergency Management Agency (FEMA) de-obligates funds previously
authorized under this Agreement, or under any other FEMA funded agreement
administered by the Division of Emergency Management within the Department,
then the Recipient shall immediately repay said funds to the Department. If
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Recipient fails to repay said funds, then Recipient authorizes the Department to
recoup or set off said funds from funding otherwise available under this
Agreement or under any other grant agreement with Recipient administered by the
Department.
(10) NOTICE AND CONTACT.
(a) All Notices provided under or pursuant to this Agreement shall be in writing,
either by hand delivery, or first class, certified mail, return receipt requested, to
the representative identified below at the address set forth below and said
notification attached to the original of this Agreement. "Notices" shall mean
communications regarding the addition of funding or projects, and the
implementation of any action under Paragraph (9) of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
Ms. Kathleen Marshall, Planning Manager
Bureau of Recovery and Mitigation
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 922-5944
Fax: (850) 922-1259
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Mr. James von Rinteln, Coordinator
Emergency Management
Collier County
3301 Tamiami Trail
... Naples, Florida 34112
Telephone: (941) 774-8444
Fax: (941) 775-5008
(d) In the event that different representatives or addresses are designated by either
party after execution of this Agreement, notice of the name, title and address of
the new representative will be rendered as provided in Paragraph (10)(a) above.
(11) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient
in its Application, this Agreement, in any subsequent submission or response to
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Department 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 a6curacy thereof or any material changes
shall, at the option of the Department and with thirty (30) days written notice to
the Recipient, cause the termination of this Agreement and the release of the
Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall 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.
(c) No waiver by the Department of any right or remedy granted hereunder or failure
to insist on strict performance by the Recipient shall affect or extend or act as a
waiver of any other right or remedy of the Department hereunder, or affect the
subsequent exercise of the same right or remedy by the Department for any further
or subsequent default by the Recipient. Any power of approval or disapproval
granted to the Department under the terms of this Agreement shall survive the
terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) 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
36 months from the date of being placed on the convicted vendor or
discriminatory vendor list.
(f) With respect to any Recipient which is not a local government or state agency,
and which receives funds under this agreement from the federal government, the
Recipient 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;
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2. Have not, within a three-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for
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; violation of federal or
state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any
offenses enumerated in paragraph 11 (g)2. of this certification; and
4. Have not within a three-year period preceding this agreement had one or
more public transactions (federal, state or local) terminated for cause or
default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this agreement.
(12) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the
receipt and expenditure of funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department.
"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 Recipient shall also provide the Department with the records, reports or
financial statements upon request for the purposes of auditing and monitoring the
funds awarded under this Agreement.
(d) In the event that the Recipient expends $300,000 or more in Federal awards in its
fiscal year, the Recipient must have a single or program-specific audit conducted
in accordance with the provisions of OMB Circular A-133, as revised EXHIBIT
1 to this agreement indicates Federal funds awarded through the Department by
this agreement. In determining the Federal awards expended in its fiscal year, the
Recipient shall consider all sources of Federal awards, including Federal funds
received from the Department. The determination of amounts of Federal awards
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expended should be in accordance with the guidelines established by OMB
Circular Ao 133, as revised. An audit of the Recipient conducted by the Auditor
General in accordance with the provision~ OMB Circular A-133, as revised, will
meet the requirements of this part.
In connection with the above audit requirements, the Recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB
Circular A-133, as revised.
If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an
audit conducted in accordance with the provisions of OMB Circular A-133, as
revised, is not required. In the event that the Recipient expends less than
$300,000 in Federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of OMB Circular Ao133, as revised, the cost of
the audit must be paid from non-Federal funds (i.e., the cost of such an audit must
be paid from Recipient funds obtained from other than Federal entities).
1. The annual financial audit report shall include all management letters and
the Recipient's response to all findings, including corrective actions to be
taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by
sponsoring agency and Agreement number.
3. Copies of audit reports for audits conducted in accordance with OMB
. Circular A-133, as revised, and required by subparagraph (d) above shall
be submitted, when required by Section .320 (d), OMB Circular A-133, as
revised, by or on behalf of the Recipient directly to each of the following:
(a) The Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
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State of Florida Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
(b) The Federal Audit Clearinghouse designated in OMB Circular
A- 133, as revised (the number of copies required by Sections
.320(d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
(c) Other Federal agencies and pass-through entities in accordance
with Sections .320 (e) and (f), OMB Circular A-133, as revised.
4. Pursuant to Section .320(f), OMB Circular A-133, as revised, the
Recipient shall submit a copy of the reporting package described in
Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department at the following program
address:
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(e) 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 Recipient shall be held liable for reimbursement to the
Department of all funds not spent in accordance with these applicable regulations
and Agreement provisions within thirty (30) days after the Department has
notified the Recipient of such non-compliance.
(f)' The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of three
years after the date of submission of the final expenditures report. However, if
litigation or an audit has been initiated prior to the expiration of the three-year
period, the records shall be retained until the litigation or audit findings have been
resolved.
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(g) The Recipient 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, Fla. Stat. The IPA shall state that the
audit complied with the applicable provisions noted above.
(h) The audit is due seven (7) months after the end of the fiscal year of Recipient or
by the date the audit report is issued by the state Auditor General, whichever is
later.
(i) An audit performed by the State Auditor General shall be deemed to satisfy the
above audit requirements.
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts any or all of the work required under this Agreement,
the Recipient agrees to include in the subcontract that the subcontractor is bound
by the terms and conditions of this Agreement with the Department.
(b) The Recipient agrees to include in the subcontract that the subcontractor shall
hold the Department and Recipient harmless against all claims of whatever nature
arising out of the subcontractor's performance of work under this Agreement, to
the extent allowed by law.
(c) If the Recipient subcontracts, a copy of the executed subcontract must be
forwarded to the Department within five (5) days of execution.
(d) Contractual arrangements shall in no way relieve the Recipient of its
responsibilities to ensure that all funds issued pursuant to this grant be
administered in accordance with all state and federal requirements.
(14) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACI-tMi NTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be
controlling, but only to the extent of such conflict or inconsistency.
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(c) This Agreement has the following attachments:
Attachment A Budget and' Scope of Work
Exhibit(s) CATEX
Attachment B Program Statutes and Regulations
Attachment C Lobbying Prohibition/Certification
Attachment D Statement of Assurances
Attachment E Request for Advance or Reimbursement
Attachment F Quarterly Report Form
(16) FUNDING/CONSIDERATION.
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed
quarterly for costs incurred in the satisfactory performance of work hereunder in
an amount not to exceed the amounts listed in Attachment A (Budget and Scope
of Work), subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(15),
Fla. Stat. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months, based upon the funds
being equally disbursed throughout the contract term. For a federally funded
contract, any advance payment is also subject to 44 CFR Part 13, Federal OMB
Circular A-87 and the Cash Management Improvement Act of 1990. If an
advance payment is requested, the budget data on which the request is based and a
justification statement shall be submitted to the Department contract manager
using Attachment E. Recipient shall specify the amount of advance payment
needed and provide an explanation of the necessity for and proposed use of these
funds. All funds shall be deposited in an interest bearing account. Any interest
earned must be promptly, but at least quarterly, remitted to the Department.
(c) All funds shall be requested on forms provided by the Department for that purpose
· ~ which accompany this Agreement.
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any
modification in accordance with Chapter 216 and Section 252.37, Fla. Stat. or the
Florida Constitution.
(b) If otherwise allowed under this Agreement, extension of an Agreement for
contractual services shall be in writing for a period not to exceed six (6) months
~.3
and shall be subject to the same terms and conditions set forth in the initial
Agreement. There shall be only one extension of the Agreement unless the failure
to meet the criteria set forth in the Agreerhent for completion of the Agreement is
due to events beyond the control of the Recipient.
(c) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper pre-audit and post-audit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall
be submitted in accordance with Section 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel
this Agreement for refusal by the Recipient to allow public access to all
documents, papers, letters or other material subject to the provisions of Chapter
119, Fla. Stat., and made or received by the Recipient in conjunction with this
Agreement.
(f) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be
applied against the Department's obligation to pay the contract amount.
(g) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a
violation of the employment provisions contained in 8 U.S.C. Section 1324a(e)
[Section 274A(e) of the Immigration and Nationality Act ("INA")]. The
Department shall consider the employment by any contractor of unauthorized
aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient
of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
(18) STATE LOBBYING PROHIBITION.
No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official
action by the Florida Legislature or any state agency.
Refer to Attachment C for additional terms and provisions relating to lobbying.
(19) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its
governing body has authorized, by resolution or otherwise, the execution and acceptance
of this Agreement with all covenants and assurances contained herein. The Recipient
~.4
16F
also certifies that the undersigned possesses the authority to legally execute and bind
Recipient to the terms of this Agreement.
(20) ASSURANCES.
The Recipient shall comply with any Statement of' Assurances incorporated as
Attachment D.
(21) SPECIAL CONDITIONS.
Failure of the Recipient to comply with the program statutes and regulations in
Attachments B and D of this Agreement shall be cause for the immediate suspension of
payments or the immediate termination of this Agreement.
(22) FUNDING and INSURANCE.
The Department shall provide Hazard Mitigation Grant Program (HMGP) funds as
described in Attachment A (Budget and Scope of Work) for eligible and allowable costs
incurred in performing the project(s) identified in Attachment A. Eligible and allowable
costs shall be determined in accordance with the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 44 Code of Federal Regulations (CFR) Part 206, 44 CFR Part
13, and other applicable HMGP guidance. Administrative costs shall be compensated in
accordance with 44 CFR 206.439(b)(1)(ii).
The Department may make an award of additional funds, and authorize funding for
additional HMGP projects approved by FEMA, by subsequent modification delivered to
the Recipient's Representative identified in paragraph 10. Should Recipient determine it
does not wish to proceed based upon the award of additional funds and additional
projects, then Recipient shall provide notice to the Department contact within thirty (30)
days of receipt of the modification. Otherwise, Recipient shall provide its notice of
acceptance and intent to proceed within forty-five (45) days of receipt of the
... modification. The terms of this Agreement shall be considered to have been modified to
include the additional funds and project(s) upon receipt of the notice of acceptance and
intent to proceed.
The Recipient shall utilize the attached form entitled "Request for Advance or
Reimbursement of Hazard Mitigation Grant Program Funds," Attachment E,
to obtain funds under this Agreement. This form is hereby incorporated into this
Agreement by reference. The final payment of funds will be made only after project
completion, submission of all required documentation, final inspection, and a request for
final reimbursement. Recipient agrees to promptly commence and to expeditiously
complete the scope of work identified herein. All work shall be completed within two
years of the execution of this Agreement, or prior to such deadline as established by the
15
.6F
Federal Emergency Management Agency or the Scope of Work as approved by the
Department, whichever is sooner.
Recipient agrees, as a condition of receipt of funding pursuant to this Agreement, to
obtain reasonably available, adequate, and necessary insurance for the type or types of
hazard for which the major disaster was declared, accordance with the requirements of 44
CFR 206, Subpart I. Recipient agrees to obtain and maintain comprehensive liability and
workers compensation insurance, as well as pertinent performance arid bids bonds, for the
construction period of the project.
(23) DUPLICATION OF BENEFITS PROHIBITION.
In accordance with the provisions of Section 312 of the Stafford Act, duplication of
benefits is prohibited. The Recipient shall notify the Department, as soon as practicable,
of the existence of any insurance coverage for the costs identified in the application, and
of any entitlement to or recovery of funds from any other source for the project costs,
including Small Business Administration funding, Minimum Home Repair funds, and
other Federal, State and private funding. Allowable costs shall be reduced by the amount
of duplicate sources available. The Recipient shall be liable to the Department to the
extent that the Recipient or ultimate beneficiary receives duplicate benefits from any
other source for the same purposes for which the Recipient or ultimate beneficiary has
received payment from the Department. The Recipient shall immediately remit to the
Department any duplication of benefits payment received by the Recipient. In the event
the Department determines a duplication of benefits has occurred, Recipient hereby
authorizes the Department or the Comptroller of the State of Florida to take offset action
against any other available funding due the Recipient. The Comptroller is authorized to
pay such offset to the Department upon written notice from the Department. In addition,
Recipient shall ensure, as a condition of funding under this Agreement, that all required
Privacy Act releases and Duplication of Benefit paperwork is completed.
3.6
16F
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
RECIPIENT: STATE OF FLORIDA
DEPARTMENT OF COMMUNITY
AFFAIRS:
James D.//Jgrarter, Ph.D., Cha;r-r'~ r.,..-,,.~an Joseph F. Myers, Director
Board Jr: County Commissioners Division of Emergency Management
Date: '7~)'} ~ ~ 2e~/ Date:
FEID# ~59- 6000558
Federal Employer ID Number
ATTEST: D~ight E. Brock, Clerk
BY:
(Deputy Clerk)
Attest as to Chairman's
signature onl$,
Approved as to Form
and Legal Sufficiency
V',~.xO avid Weigel ~<T, County Attorney
17
16F 3
Attachment A
Budget and Scope of Work
The Recipient shall fully perform the approved hazard mitigation project, as described in
Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with the
approved scope of work indicated therein, the estimate of costs indicated therein, the allocation
of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not
deviate from the approved project and the terms and conditions of this Agreement. Recipient
shall comPly with any and all applicable codes and standards in performing work funded under
this Agreement, and shall provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Recipient and any
land use permitted by or engaged in by the Recipient, shall be consistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to Chapter
163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land
uses authorized for, only those uses which are permitted under the comprehensive plan and land
development regulations. The Recipient shall be responsible for ensuring that any development
permit issued and any development activity or land use undertaken is, where applicable, also
authorized by the Water Management District, the Florida Department of Environmental
Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any
federal, state, or local environmental or land use permitting authority, where required. Recipient
agrees that any repair or construction shall be in accordance with applicable standards of safety,
decency, and sanitation, and in conformity with applicable codes, specifications and standards.
Recipient will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the complete work conforms with the approved plans and
specifications and will furnish progress reports and such other information as may be required by
the assistance awarding agency or state.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then Recipient shall ensure that, as a condition of funding under this Agreement, the
owner of the affected real property establishes the following deed covenants and restrictions,
which shall run with and apply to any property acquired, accepted, or from which a structure will
be removed pursuant to the project:
(a) the property will be dedicated and maintained in perpetuity for a use that is
compatible with open space, recreational, or wetlands management practices;
(b) no new structure will be erected on property other than:
(i) a public facility that is open on all sides and functionally related to a
designated open space;
(ii) a restroom; or
(iii) a structure that the Director of the Federal Emergency Management Agency
approves in writing before the commencement of the construction of the
structure;
(c) after the date of the acquisition or relocation no application for disaster assistance for
any purpose will be made to any Federal entity and no disaster assistance will be
provided for the property by any Federal source; and
(d) if any of these covenants and restrictions is violated by the owner or by some third
party with the knowledge of the owner, fee simple title to the Property described
herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida without further notice to the owner, its successors and
assigns, and the owner, its successors and assigns shall forfeit all right, title and
interest in and to the property.
Budget and Scope of Work
I. The Subgrantee, Collier County, will retrofit the Gulf Coast High School
to meet the American Red Cross Standards as follows:
1. The installation of a shutter system for three entryways and a front and
two court yard entrances with Dade County Approved Product.
The time frame for completing the project will be within twenty-four (24)
months from the date of the fully executed contract.
This is HMGP project 1300-0007 funded under FEMA project 1306-0003.
Funding Summary:
Federal Share: $ 9,945.00 (100.00%)
Total Project Cost: $ 9,945.00
Subgrantee Administrative Allowance up to $87.41
FEDERAL EMERGENCY MANAGEMENT AGENCY
Region IV
3003 Chamblee-Tueker Road
Atlanta, Georgia 30341
·
Apdl 15, 1997
SUBJECT: Group Categorical Exclusion for Repairs, Reconstruction, Restoration, Elevation,. ·
Basement Floodproofing, Retrofitting and/or Upgrading of Structures
.- · 1306-1~R-FL
FEMA proposes to partially fund repairs, reconstruction, restoration, elevation, basement
floodproofing, retrofitting and/or upgrading of structures, including homes, buildings, roads,
bridges, culverts, and utility lines and facilities. These actions (projects) may qualify for FEMA
assistance programs to reduce disaster-related losses and damages and threats to public health
and safety.
Actions that qualify for FEMA funding under disaster 1306-FL, fit within the exclusion
categories defined in 44 CFR § 10.8 (d)(2)(xiv) through (xvi), and meet the additional criteria
defined below are categorically excluded from preparation of an Environmental Assessment or
an Environmental Impact Statement.
44 CFR § 10.8 (d)(2)(xiv):
"Granting of community-wide exceptions for floodproofed residential basements meeting
the requirements of 44 CFR § 60.6 (c) under the National Flood Insurance Program;"
-44 CFR § 10.8 (d)(2)(xv):
"Repair, reconstruction, restoration, elevation, retrofitting, upgrading to current
codes and standards, or replacement of any facility in a manner that substantially
conforms to the preexisting design, function, and location;"
44 CFR § 10.8 (d)(2)(xvi):
- "Improvements to existing facilities and the construction of small scale hazard
mitigation measures in existing developed areas with substantially completed
infrastructure, when the immediate project area has already been disturbed, and
when those actions do not alter basic functions, do not exceed the capacity of
other system components, or modify intended land use; provided the operation of
the completed project will not, of itself, have an adverse effect on the quality of
the human environment.
EXHIBIT la
1306-FL
Page 2 of 3
April 15, 1997
For 1306-FL, the following cJteria must also be met to qualify for this exclusion:
1. Documentation that no extraordinary circumstances, as defined in 44 CFR § 10.8 (d)(3), exist
in relation to the action.
2. All required State and/or Federal wetlands, waterways, stormwater, water quality,.'and other
letters or permits have been obtained or will be obtained before project work starts.
3. The action will not notably change the hydrology or hydraulics upstream or downstream -
' '· from the project s'i~e.
4. No State- or Federally-listed threatened or endangered species are present or use the habitat
' in the project area.
5. The structure must remain substantially within the existing footprint and conform to standard
industry practices for design and construction.
6. The work must remain within the previous horizontal and vertical limits of disturbance.
7. No known cultural resources are present and there is a Iow probability of unknown cultural
resources.
8. If the structure is listed or eligible to be listed on the National Register of Historic Places, the
applicant must consult with the State Historic Preservation Officer before initiating work.
9. Hazardous or toxic materials, if present, are at levels within the regulatory limits not
triggering action by Federal, State or local laws or_r..e.._g~.lations. (Household hazardous waste
meeting the definition set forth at 40 CFR is to be handled in a manner which meets all the
"-' Federal, State and local laws and regulations.)
10. The presence of any condition or any material on site, that is regulated, is to be managed,
handled and disposed of in accordance with Federal, State and local laws and regulations
(e.g., underground tanks, asbestos, septic tanks).
For each action proposed under this Group Categorical Exclusion (CATEX), send either extracts
of or ~he entire project file to the FEMA Region IV Regional Environmental Officer (REO). The
materials that are sent should include the project location, nature and method of work, and
certification (letters, permits, etc.) that each of the above criteria have been met. Upon review
and approval, the REO will append this Group CATEX and the action will be deemed to have
fulfilled the requirements of National Environmental Policy Act and may be funded if otherwise
eligible.
EXHIBIT lb
Grotap CATEK #'s 14-16
1306-FL
Page 3 of 3
April 15, 1997
Group CATEX Approved:
Regional Environmental Officer Date
Prepared By Brett Bowen Date: 8/23100
This Group Categorical Exclusion applies to HMGP #1306-0002; Florida DCA; Florida
Hurricane Evacuation Shelter Retrofit Project (TI-tIS CATEX IS ONLY VALID FOR
STRUCTURES LESS THAN 49 YEARS OLD}
Willian-~ R (-S~aw ~ - Date ~ -
:g~onal Environmental Officer
EXHIBIT lc
16F
Attachment B
Program Statutes and Ri~gulations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally
governed by the following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFRParts 7, 9, 10, 13, 14, 17, 18, 25,206,220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Long-term Recovery Guidance; and
(5) All applicable laws and regulations delineated in Attachment D of this Agreement
Attachment C
Federal Lobbying Prohibitions
The Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief.
(a) No Federal appropriated funds have been paid of will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer of
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.
(b) 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.
(c) The undersigned shall require that the language of this certification be
included in the award documents for ali subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representative 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 this 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.
RECIPIENT
.: .: lames D. Carter, Ph.D., Chairman -'~--,~-~47:}~x,'C°untY Attorrmy
A~E ST:
DWIGHT E. BROCK, CLERK
C-1
-: ~pU{Y"'CTerk
~ttest as to Chat~an's
st~ature only.
1_6F 3
Attachment D
Statement of Assurhnces
To the extent the following provisions apply to the award of assistance in this Agreement, as
determined by the awarding agency, the Recipient hereby assures and certifies that:
(a) It possesses legal authority to enter into this agreement, and to e~ce6ute the proposed
program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or
similar action authorizing the execution of the hazard mitigation grant agreement with the
Department, including all understandings and assurances contained therein, and directing
and authorizing the Recipient's chief ADMINISTRATIVE officer or designee to act in
connection with the application and to provide such additional information as may be
required;
(c) No member of or delegate to the Congress of the United States, and no Resident
Commissioner, shall be admitted to any share or part of this agreement or to any benefit
to arise from the same. No member, officer, or employee of the Recipient or its
designees or agents, no member of the governing body of the locality in which the
program is situated, and no other public official of such locality or localities who
exercises any functions or responsibilities with respect to the program during his tenure
or for one year thereafter, shall have any interest direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection with the
program assisted under this agreement. The Recipient shall incorporate or cause to be
incorporated, in all such contracts or subcontracts a provision prohibiting such interest
pursuant to the purpose state above;
(d) All Recipient contracts for which the State Legislature is in any part a funding source,
shall contain language to provide for termination with reasonable costs to be paid by the
"' Recipient for eligible contract work completed prior to the date the notice of suspension
of funding was received by the Recipient. Any cost incurred after a notice of suspension
or termination is received by the Recipient may not be funded with funds provided under
this Agreement unless previously approved in writing by the Department. All Recipient
contracts shall contain provisions for termination for cause or convenience and shall
provide for the method of payment in such event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq.,
requiring that mechanics and laborers (including watchmen and guards) employed
on federally assisted contracts be paid wages of not less than one and one-half
times their basic wage rates for all hours worked in excess of forty hours in a
D-I_
16F
work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that
covered employees be paid at least the minimum prescribed wage, and also that
they be paid one and one-half times their basic wage rates for all hours worked in
excess of the prescribed work-week.
(f) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued
pursuant thereto, which provides that no person in the United States shall on the
grounds of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any
program or activity for which the Recipient receives Federal financial assistance
and will immediately take any measures necessary to effectuate this assurance. If
any real property or structure thereon is provided or improved with the aid of
Federal financial assistance extended to the Recipient, this assurance shall
obligate the Recipient, or in the case of any transfer of such property, any
transferee, for the period during which the real property or structure is used for a
purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits
discrimination on the basis of age or with respect to otherwise qualified
handicapped individuals as provided in Section 504 of the Rehabilitation Act of
1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and
the regulations issued pursuant thereto, which provide that no person shall be
discriminated against on the basis of race, color, religion, sex or national origin in
all phases of employment during the performance of federal or federally assisted
construction contracts; affirmative action to insure fair treatment in employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff/termination, rates of pay or other forms of compensation; and election for
training and apprenticeship;
(g) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw
101-336, 42 U.S.C. Section 12101 et seq.), where applicable, 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;
D-2
16F ]5
(h) It will establish safeguards to prohibit employees from using positions for a purpose that
is or gives the appearance of being motivated by a desire for private gain for themselves
or others, particularly those with whom they have family, business, or other ties pursuant
to Section 112.313 and Section 112.3135, FS;
(i) 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;
(j) 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;
(k) It will comply with the flood insurance purchase and other requirements of the Flood
Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements
regarding the purchase of flood insurance in communities where such insurance is
available as a condition for the receipt of any Federal financial assistance for construction
or acquisition purposes for use in any area having special flood hazards. The phrase
"Federal financial assistance" includes any form of loan, grant, guaranty, insurance
payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or
indirect Federal assistance;
(1) 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 ~vith the "Uniform Federal Accessability Standards," (AS) which is Appendix A
to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part
40 for residential structures. The Recipient will be responsible for conducting inspections
to ensure compliance with these specifications by the contractor;
(m) It will, in connection with its performance of environmental assessments under the
National Environmental Policy Act of 1969, comply with Section 106 of the National
Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part
.. 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C.
469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Office to identify
properties listed in or eligible for inclusion in the National Register of
Historic Places that are subject to adverse effects (see 36 CFR Section
800.8) by the proposed activity; and
(2) Complying with all requirements established by the State to avoid or
mitigate adverse effects upon such properties.
D-3
1_6F 3
(3) Abiding by the terms and conditions of the "Programmatic Agreement
Among the Federal Emergency Management Agency, the Florida
State Historic Preservation Office, the Florida Department of
Community Affairs and the Advisory Council on Historic
Preservation, (PA)" which addresses roles and responsibilities of Federal
and State entities in implementing Section 106 of the National Historic
Preservation Act (NHPA), 16 U.S.C. 470f, and implementing regulations
in 36 CFR part 800.
(4) When any of Recipient's projects funded under this Agreement may affect
a historic property, as defined in 36 CFR 800. (2)(e), the Federal
Emergency Management Agency (FEMA) may require Recipient to
review the eligible scope of work in consultation with the State Historic
Preservation Office (SHPO) and suggest methods of repair or construction
that will conform with the recommended approaches set out in the
Secretary of Interior's Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Buildings 1992 (Standards), the Secretary
of the Interior's Guidelines for Archeological Documentation
(Guidelines) (48 Federal Register 44734-37), or any other applicable
Secretary of Interior standards. If FEMA determines that the eligible
scope of work will not conform with the Standards, Recipient agrees to
participate in consultations to develop, and, after execution by all parties,
to abide by, a written agreement that establishes mitigation and recondition
measures, including but not limited to, impacts to archeological sites, and
the salvage, storage, and reuse of any significant architectural features that
may otherwise be demolished.
(5) Recipient agrees to notify FEMA and the Department if any project funded
under this Agreement will involve ground disturbing activities, including,
but not limited to: subsurface disturbance; removal of trees; excavation
for footings and foundations; and installation of utilities (such as water,
.. sewer, storm drains, electrical, gas, leach lines and septic tanks) except
where these activities are restricted solely to areas previously disturbed by
the installation, replacement or maintenance of such utilities. FEMA will
request the SHPO's opinion on the potential that archeological properties
may be present and be affected by such activities. The SHPO will advise
Recipient on any feasible steps to be accomplished to avoid any National
Register eligible archeological property or will make recommendations for
the development of a treatment plan for the recovery of archeological data
from the property.
D-4
16F 3
If Recipient is unable to avoid the archeological property, develop, in
consultation with the SHPO, a treatment plan consistent with the
Guidelines and take into account ~he Advisory Council on Historic
Preservation (Council) publication "Treatment of Archeological
Properties". Recipient shall forward information regarding the treatment
plan to FEMA, the SHPO and the Council for review. If the SHPO and
the Council do not object within 15 calendar days of receipt of the
treatment plan, FEMA may direct Recipient to implement the treatment
plan. If either the Council or the SHPO object, Recipient shall not proceed
with the project until the objection is resolved.
(6) Recipient shall notify the Department and FEMA as soon as practicable:
(a) of any changes in the approved scope of work for a National Register
eligible or listed property; (b) of all changes to a project that may result in
a supplemental DSR or modify an HMGP project for a National Register
eligible or listed property; (c) if it appears that a project funded under this
Agreement will affect a previously unidentified property that may be
eligible for inclusion in the National Register or affect a known historic
property in an unanticipated manner. Recipient acknowledges that FEMA
may require Recipient to stop construction in the vicinity of the discovery
of a previously unidentified property that may be eligible for inclusion in
the National Register or upon learning that construction may affect a
known historic property in an unanticipated manner. Recipient further
acknowledges that FEMA may require Recipient to take all reasonable
measures to avoid or minimize harm to such property until FEMA
concludes consultation with the SHPO. Recipient also acknowledges that
FEMA will require, and Recipient shall comply with, modifications to the
project scope of work necessary to implement recommendations to address
the project and the proPerty.
(7) Recipient acknowledges that, unless FEMA specifically stipulates
otherwise, it shall not receive funding for projects when, with intent to
avoid the requirements of the PA or the NHPA, Recipient intentionally
and significantly adversely affects a historic property, or having the legal
power to prevent it, allowed such significant adverse affect to occur.
(n) 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;
(o) 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;
D-5
16F 3
(p) 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 drag abuse
patient records;
(q) 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;
(r) 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;
(s) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2 ! 31-2159,
pertaining to the care, handling, and treatment of warm blooded animals held for
research, teaching, or other activities supported by an award of assistance under this
agreement;
(t) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42
3601-3619, as amended, relating to non-discrimination in the sale, rental, or financing of
housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits
discrimination on the basis of race, color or nation origin;
(u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(v) It will' comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;
(w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(y) It will assist the awarding agency in assuring compliance with the National Historic
Preservation Act of 1966, as amended, 16 U.S.C. 270;
(z) It will comply with environmental standards which may be prescribed pursuant to the
National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
(aa) It will assist the awarding agency in assuring compliance with the Preservation of
Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq;
(bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding
non-discrimination;
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16F 3
(cc) It will comply with the environmental standards which may be prescribed pursuant to the
Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of
underground water sources;
(dd) It will comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which
provide for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal or federally assisted programs;
(ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287,
related to protecting components or potential components of the national wild and scenic
rivers system;
(ff) 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);
(gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
(hh) It will assure project consistency with the approved State program developed under the
Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and
(ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
(jj) With respect to demolition activities, it will:
1. Create and make available documentation sufficient to demonstrate that the
Recipient and its demolition contractor have sufficient manpower and equipment
to comply with the obligations as outlined in this Agreement.
2. Return the property to its natural state as though no improvements had ever been
· ,. contained thereon.
3. Furnish documentation of all qualified personnel, licenses and all equipment
necessary to inspect buildings located in Recipient's jurisdiction to detect the
presence of asbestos and lead in accordance with requirements of the U.S.
Environmental Protection Agency, the Florida Department of Environmental
Protection and the County Health Department.
4. Provide documentation of the inspection results for each structure to indicate:
a.. Safety Hazards Present
b. Health Hazards Present
c. Hazardous Materials Present
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16F 3
5. Provide supervision over contractors or employees employed by Recipient to
remove asbestos and lead from demolished or otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify the Department promptly of any unusual existing condition which hampers
the contractors work.
8. Obtain all required permits.
9. Provide addresses and marked maps for each site where water wells and septic
tanks are to be closed along with the number of wells and septic tanks located on
each site. Provide documentation of closures.
10. Comply with mandatory standards and policies relating to energy efficiency which
are contained in the State energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Public Law 94-163).
11. Comply with all applicable standards, orders, or requirements issued under
Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the
Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S.
Environmental Protection Agency regulations (40 CFR Part 15 and 61). This
clause shall be added to any subcontracts.
12. Provide documentation of public notices for demolition activities.
D-8
FLORIDA D~?ART~EN~ OF COmMUNItY AFFAIRS
Request for Advance or Reimbursement of
Hazard Mitigation Grant Program Funds
SUBGRANTEE NAME: Collier County DECLARATION NO: FEMA-1306-DR-FL
ADDRESS:
CITY, STATE, ZIP CODE
PAYMENT No: DCA Agreement No: 01HM-6L-09-2 I- 15-007
HMGP Tracking Number: 1300-0007
Eligible Amount Obligated Previous Current DCA Use Only
100% FEMA Payments Request
100% Approved Comments
TOTAL CURRENT REQUEST $
I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements were made in accordance with
all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts.
SUBGRANTEE SIGNATURE
NAME AND TITLE DATE:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT $
DATE
16F3
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MITIGATION GRANT PROGRAM
Applicant Collier CounW Disaster No. 1306
DCA Agreement No. 01HM-6L-09-21-15-007 HMGP Tracking # 1300-0007
Applicant's Reference No. Date of delivery of DOCUMENTATION Applicant's
(Warrant, Voucher, Claim articles, completion of List Documentation (Applicant's payroll, material out of applicant's stock, Eligible Costs
Check, or Schedule No.) work or performance applicant owned equipment and name of vendor or con~'actor) by category and line 100%
services, item in the approved project application and give a brief description of the articles
TOTAL
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~ Attachmen, F 161:
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
QUARTERLY REPORT FORM
SUBGRANTEE: Collier County Project Number #: 1300-0007
PROJECT LOCATION: Retrofit DCA ID #: 01HM-6L-09-21-15-007
DISASTER NUMBER: FEMA-DR- 1306-FL QUARTER ENDING:
Percentage of Work Completed (may be confirmed by state inspectors):
%
Project Proceeding on Schedule: [ ] Yes [ ] No
Describe milestones achieved during this quarter:
Provide a schedule for the remainder of work to project completion:
Describe problems or circumstances affecting completion date, milestones, scope of work, and cost:
Cost Status: [ ] Cost Unchanged [ ] Under Budget [ ] Over Budget
Additional Comments/Elaboration:
NOTE: Department of Community Affairs (DCA) staffmay perform interim inspections and/or audits at any time. Events may
occur between quarterly reports which have significant impact upon your project(s), such as anticipated overruns, changes in scope
of work, etc. Please contact DCA 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
F-1