Agenda 09/09-10/2008 Item #16F(2)H
1& F;Z Pf,
N~GENDA ITEM
,=pg~(~9_~1~
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners accept and authorize its Chairman to
sign an awarded Hazard Mitigation Grant Agreement 09HM-6G-09-21-01-019 (75/25) for $58,750
from the Florida Division of Emergency Management for the purpose of shoreline preservation at
the Isles of Capri Fire Station and to approve the associated budget amendment.
OBJECTIVE: To accept and authorize its Chairman to award of a Hazard Mitigation Grant from the
Florida Division of Emergency Management to fund the construction of a retention wall at the Isles of
Capri Fire Station and approval of the necessary budget amendments. Wave action from high winds and
high water have eroded the Isles of Capri Fire Station’s shoreline to the point of endangering the
helipad and public safety facility. Proposed project will prevent erosion from high water and high wind
wave action. It is legally sufficient for Board action. Pursuant to Resolution No. 2000-149, the County
Manager may approve this item during the Board’s annual break.
(
CONSIDERATIONS:
The Board of County Commissioners approved the submittal application for this project on September
12, 2006 after it was discovered that over the past 10 years 50 feet of shoreline has eroded with the last
25 feet of eroded shoreline due to Hurricane Wilma. This grant program is the direct result of the
Presidential Disaster declaration related to Hurricane Wilma (FEMA-1509-DR-FL), Although the program
is managed at the state level by the Florida Department of Community Affairs, funding is allocated to the
state by the United States Department of Homeland Security, Federal Emergency Management Agency.
Approval of this document in absentia by the County Manager is subject to formal ratification by the
Board of County Commissioners. If the approval of the County Manager is not ratified by that Board, this
document shall be enforceable against Collier County only to the extent authorized by law in the absence
of such ratification by the Board.
FISCAL IMPACT: The total cost of the shoreline stabilization project is $58,750. As this is a 75/25
matching grant, the Florida Division of Emergency Management will pay $44,063 leaving the Isles of
Capri Fire/Rescue Department to provide $14,687 from the reserves from contingencies line of Fund
144. The attached budget amendments are necessary to recognize and appropriate $44,063 in revenue
and transfer $14,687 from Reserves for Contingencies to Fund 118 Emergency Management and Fire
Grants.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This agreement has been reviewed and approved by the County
Attorney’s Office. This is legally sufficient for Board action. The County Manager may execute
these agreements in the Board’s absence pursuant to Resolution No 2000-149. CMG
RECOMMENDATION: That the Board of County Commissioners accept and authorize its
Chairman to sign an awarded Hazard Mitigation Grant (75/25) for $58,750 from the Florida Division of
Emergency Management for the purpose of shoreline preservation at the Isles of Capri Fire Station and
to approve the associated budget amendment.
Prepared By:
Department
Date
';"""""".,~;,<.:,c,..,""."', .,<..
(
Bureau of Emergency Services
Approved By:
Department
County
Manager's Office
Approval
Approved
ATTACHMENTS:
Name:
I) Aareement 09HNl::.Q~09-
21v01-,"..Q_t~..ps!1
I)~!t~
D BUO,Q,!;T AMENDMENT
~I;AVYALL Fund 118.dQ.C;:
CI BUDGET AMENDMENT
SEAWALL Fund 144.doc
Description:
Agreement for Hazard Mitigation Grant
8/21/20089:00:00 AM
I r;, F c7 (If,
N~~
SEP 0 S 2orl~ /
Date J f'Ye=-~cQ "'+
~,~~___,_ 3
8/26/20083:59 PM ' '- -~-C~~
Type'
Backup Material
Budget Amendment Fund 118
Award Letter for Hazard Mitigation Grant
Budget Amendment
Budget Amendment Fund 144
Backup Material
Budget Amendment
(-
1&F~~ EI~~ '
, SEP",!,J,S"" O~,Jq,.1
,( ~g~}~f-s(f
---~.-
Contract Number: 09HM-6G-09-21-01-019
CFDA Number: 97.039
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and
Collier County, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
i
I
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provid+ the
services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to su rant
these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF LAWS RULES. REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws, rules and
regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin on June 6, 2008 and shall end December 31, 2009, unless termi ated
earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which ar
agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of t is
Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the fede
"Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Regist r
8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, an
Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local
Governments," OMB Circular No. A-21 , "Cost Principles for Educational Institutions," or OMB Circular No. A-1
"Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organiz tion
on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 93 .2.
(b) The Recipient shall retain sufficient records to show its compliance wrth the terms ofthi8
N~~ENDA ITEM
o!L1[fi~~ I
---.~ --'
Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, fo a
period of five years from the date the audit report is issued, and shall allow the Division or its designee, the St te
Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall nsure
that audit working papers are available to them upon request for a period of five years from the date the audit eport
is issued, unless extended in writing by the Division. The five year period may be extended for the following
exceptions:
\
1. If any litigation, claim or audit is started before the five year period expires, and ex ends
beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving tt~
records have been resolved.
2. Records for the disposition of non-expendable personal property valued at $5,000 or
more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after the
closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program cos~, in a
form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Wo
Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consu~ants to be aid
from funds provided under this Agreement, shall allow access to its records at reasonable times to the Divisio ,its
employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:0
p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by I1e
Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in accord nce
with generally accepted accounting principles, to account for the receipt and expenditure of funds under this
Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit by st te
personnel and other personnel authorized by the Department or the Division. "Reasonable" shall ordinariiy m ~n
normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial stateme ts
upon request for the purposes of auditing and monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined in 0 ~B
Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards i its
fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provi ions
of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded throL~h
the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient s all
consider all sources of Federal awards, including Federal resources received from the Division. The determinption
2
of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Cir lilar
A-133, as revised. An audrt of the Recipient conducted by the Auditor General in accordance with the provisi ns of
OMB Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recip nt
shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133, as re ised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit con cted
in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Re ipient
expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from no -
Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB Circula A-
133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A 133,
as revised, by or on beha~ of the Recipient to:
The Division at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Fiorida 32399-2100
[also send an electronic copy to aurilla.DarrisMildca.state.f1.usl
and
C.
Division of Emergency Management
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 3239g.2100
The Federal Audtt Clearinghouse designated in OMB Circular A-133, as revised (submit the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bu reau ofthe Census
1201 East 1 O~ Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMB Circular
133, as revised.
(I) Pursuant to Section .320 (I), OMB Circuiar A-133, as revised, the Recipient shall send a c pyof
the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management Ie er
issued by the auditor, to the Division at the following addresses:
Department of Community Affairs
Office of Audtt Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.DarrisMildca.state.fl,usl
3
C'
~.^"-,
and
.~Gf~D,,~L
II', SfP&': ~~ I
~=-~~~_:-'-::-~';:'---=.- _____J
Division of Emergency Management
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required to b
submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statute, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the Recipie
when submitting financial reporting packages to the Division for audits done in accordance with OMB Circular -133
or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of th
Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in accorda ce
with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of al
funds not spent in accordance with these applicable reguiations and Agreement provisions wtthin thirty days er
the Division has notified the Recipient of such non-compliance.
0) The Recipient shall have all audits completed by an independent certified publiC accounta
(IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The I A
shall state that the audit complied with the applicable provisions noted above. The audit must be received by he
Division no later than nine months from the end of the Recipient's fiscai year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report. Th se
reports shall include the current status and progress by the Recipient and all subrecipients and subcontractor in
completing the work described in the Scope of Work and the expendtture of funds under this Agreement, in a ttion
to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 15 days after the end of each quart r of
the program year and shall be sent each quarter until submission of the administrative close-out report. The nding
dates for each quarter of the program year are March 31, June 30, September 30 and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or 60 days after
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a ma ner
acceptable to the Division, the Division may withhoid further payments until they are completed or may take 0 er
action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product wa
completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additionai program updates or information that may be requi d by
the Division.
4
N~l1LLr- -jiftj J-
.. ... .. . lEo':l(~a;: /
(I) The Recipient shall provide additional reports and information Identified In -.~ "'-_'
(
Attachment F.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure thattim
schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the
specified lime periods, and other performance goals are being achieved. A review shall be done for each fun tion
or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audijs conducted in accordance with paragraph (6) above, monijoring
procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or othe
procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deem d
appropriate by the Division. In the event that the Division or the Department determines that a limited scope udit
of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the
Division or the Department to the Recipient regarding such audit. The Recipient further agrees to comply and
cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Fina cial
Officer or Auditor General. In addijion, the Division will monijor the performance and financial management y the
Recipient throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat, the
Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall ho d the
Division harmless against all claims of whatever nature by third parties arising from the work performance unc or this
Agreement. For purposes of this Agreement. Recipient agrees that it is not an employee or agent of the Divis on,
but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. 5 at.,
agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits agai st the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent s t
forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by a y
Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agen y or
subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the Divi ion to
make further payment of funds shall, if the Division ejects, terminate and the Division has the option to exerci any
of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments af er
any Events of Default wijhout waiving the right to exercise such remedies, and without becoming liable to mak any
further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any previou
agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep ( r
5
N~GEI)I~A)JEiVl I.
I r;}- .-1
SEP 0 c1 2f10R
.ygJ.>P:f~Y, I
perform any of the obligations, terms or covenants in this Agreement or any previous agreement with theUiW.!i6n
and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreemer ;
(b) If material adverse changes occur in the financial condition of the Recipient at any time d ring
the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the datE
written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or have been
submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations under thi
Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Division may, after thirty calendar days written notice t the
Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone or more of the foil wing
remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior w tten
notice of the termination. The notice shall be effective when placed in the United States, first class mail, post ge
prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible purposes nder
(- the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for or t e
extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for an~
activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred for ny
items determined to be ineligible;
(I) Exercise any other rights or remedies which may be available under law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other ren edies
in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement r
fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remed of
the Division, or affect the later exercise of the same right or remedy by the Division for any other default by thE
Recipient.
6
,
N~ "#D ~
SEP "f C', 'J,nnQ I
! p l' -' .
(12) TERMINATION "--'[""-Co~.,() 7Y
_. .--'=--,...-
------~."
(a) The Division may tenninate this Agreement for cause after thirty days written notice. Ca e -
can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to p rform
on time, and refusal by the Recipient to pennit public access to any document, paper, letter, or other material
subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may tenninate this Agreement for convenience or when it detennines, in its s Ie
discretion, that continuing the Agreement would not produce beneficial results in line with the further expendit re of
funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience thr ugh a
written amendment of this Agreement. The amendment will state the effective date of the termination a d the
procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligation for
the tenninated portion of the Agreement after the Recipient has received the notification of termination. The
Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the terminat n
notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of
Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Re ipient
for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determine
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery, or first class, certified mail, return receipt requested, to the representative named below, at the addre s
below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Ms. Kathleen Marshall, Planning Manager
Bureau of Recovery and Mitigation
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: (850) 922-5944
Fax: (850) 922-1259
Email: kathleen.marshall@em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the adminis ration
of this Agreement is:
Mr. Emilio Rodriguez, Fire Chief
Collier County
175 Capri Boulevard
Naples, Florida 34113
Telephone: (239) 394-8770
Fax: (239) 394-5862
Email: rodrodriguez@colliergov.net
(d) In the event that different representatives or addresses are designated by either party aft
7
\
N{;'GENO
i~
1 Pg Co 0
~~:,""7
execution of this Agreement, notice of the name, title and address of the new representative will be provided s
outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the full
executed subcontract must be forwarded to the Division within ten days of execution for review and approval. The
Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreem nt, (ii)
the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor hall
hold the Division and Recipient harmless against all ciaims of whatever nature arising out of the subcontracto 's
performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall
document in the quarterly report the subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to wh ther
that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement a the
attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsisten y.
(c) This Agreement has the following attachments:
l.
Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Statement of Assurances
Attachment D - Request for Reimbursement
Attachment E - Justification of Advance
Attachment F - Quarterly Report Form
Attachment G - Warranties and Representations
Attachment H - Certification Regarding Debarment, Suspension, Ineligibility nd
Voluntary Exclusion
(17) FUNDING/CONSIDERATION
(al This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs in urred
in the satisfactory performance of work hereunder in an amount not to exceed $44,650.00 subject to the avail bility
of funds. All requests for reimbursement of administrative costs must be accompanied by the back-up
documentation evidencing all such administrative costs.
(b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat. nd is
contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agree ent.
8
I /'_ '"
N~GEND . R'E!ii~
SEp.'] 'JUne'l
,. ,I~
The amount which may be advanced may not exceed the expected cash needs of the Recipi~'tj;j!1. thlii.~' th~~~ 1/ f-
(3) months of the contract term. For a federally funded contract, any advance payment is also subject t; fede";l ~~. l.f
OMS Circulars A-S?, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payr ent is
requested, the budget data on which the request is based and a justification statement shall be included in thi
Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide n
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 nee ed.
The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of thi
Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the Uni ed
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under
subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any further paymer of
funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice fo m the
Division.
\.
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable t the
order of "Department of Community Affairs', and mailed directly to the following address:
Department of Community Affairs
Cash ier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Divi ion
for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returne
check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later submissi nor
response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of
said information, representations, and materials is incorporated by reference. The inaccuracy of the submissi ns or
any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, ca se
the termination of this Agreement and the release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be 'construed under the laws of the State of Florida, and venue for, ny
actions arising out of this Agreement shall be, in the Circuit Court of Leon County. If any provision of this Agre ment
is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void te the
extent of the conflict, and shall be severable,but shall not invalidate any other provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this Agre ment
9
\
shall survive the term of this Agreement.
(d) The Agreement may be executed in any number of counterparts, anyone of which may
taken as an original.
(e) The Recipient agrees to,comply with the Americans With Disabilities Act (Public Law 101 336,
42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on the basis of
disability in employment, public accommodations, transportation, State and local government services, and
telecommunications.
(I) Those who have been placed on the convicted vendor list following a conviction for a pu ic
entity crime or on the discriminatorv vendor list may not submit a bid on a contract to provide any goods or se ices
to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a pub c
building or public work, may not submit bids on leases of real property to a public entity, may not be awarded r
perform work as a contractor, supplier, subcQntractor, or consultant under a contract with a publiC entity, and
not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date 0 being
placed on the convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives funds under
this Agreement from the federai government" certifies, to the best of its knowledge and belief, that it and its
principals:
1. are not presently deb~rred, suspended, proposed for debarment, declared ineligible, 0
voluntarily excluded from covered transactio~s by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of or had a vii
judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to ob in,
or performing a public (federal, state or local): transaction or contract under public transaction; violation of fed al or
state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of re ords,
making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a governmentai tity
(federal, state or local) with commission of any offenses enumerated in paragraph 19(9)2. of this certification; nd
4. have not within a five-year period preceding this Agreement had one or more public
transactions (federal, state or local) terminat~d for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipi nt
shall attach an explanation to this Agreement
In addition, the Recipient shall send to the Division (by email or by facsimile transmissi n)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion'
(Attachment H) for each Intended subcontractor which Recipient plans to fund under this Agreement The
form must be received by the Division before the Recipient enters into a contract with any subcontrac or,
(h) The State of Florida's performance and obligation to pay under this Agreement is conting nt
upon an annual appropriation by the Legislatlilre, and subject to any modification in accordance with Chapter 16,
Fla. Stat. or the Florida Constitution.
AGENDA I "," ,
N0 ~'"
" "EP, O"Fi.008/
Ii Pg~.'. 3~
~-----..:::-' -c..::::';:::..~___~
10
\
N~?l?f'J~T 0--- J
L~~SYl~ J~ J
(i) All bills for fees or other Gompensation for services or expenses shall be submitted in del 1--'_"'-_'
sufficient for a proper preaudit and postaudit ,thereof.
0) Any bills for travel expen$es shall be submitted in accordance with Section 112.061, Fla. tat.
(k) The Division reserves th~ right to unilaterally cancel this Agreement if the Recipient refus s to
allow public access to all documents, paperslletters or other material subject to the provisions of Chapter 11 ,Fla.
Stat., which the Recipient created or receive~ under this Agreement.
(I) If the Recipient is allowe~ to temporarily invest any advances of funds under this Agreem nt,
any interest income shall either be returned tb the Division or be applied against the Division's obligation to p y the
,
contract amount.
(m) The State of Florida willi not intentionally award publicly-funded contracts to any contract r who
,
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contain in 8
I
U.S.C. Section 1324a(e) [Section 274A(e) ofithe Immigration and Nationality Act ("INA")J. The Division shall
consider the employment by any contractor 9f unauthorized aliens a violation of Section 274A(e) of the INA. uch
violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grou ds
for unilateral cancellation of this Agreement dy the Division.
(n) The Recipient is subject '0 Florida's Government in the Sunshine Law (Section 286.011, la.
Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee
making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the
public, and the minutes of all the meetings s~all be public records, available to the public in accordance with
Chapter 119, Fla. Stat.
(0) All unmanufactured and!manufactured articles, materials and supplies which are acquire for
public use under this Agreement must have 8een produced in the United States as required under 41 U.S.C. Oa,
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 us
I
,
directly or indirectly to influence legislation oriany other official action by the Florida Legislature or any state a ency.
(b) The Recipient certifies, t1Y its signature to this Agreement, that to the best of his or her
knowledge and belief:
1. No Federal appr~riated funds have been paid or will be paid, by or on behalf of t e
undersigned, to any person for influencing oriattempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee iof Congress, or an employee of a Member of Congress in conn ion
with the awarding of any Federal contract, th~ making of any Federal grant, the making of any Federal loan, t e
entering into of any cooperative agreement, ~nd the extension, continuation, renewal, amendment or modifi ion of
any Federal contract, grant, loan or cooperati~e agreement.
2. If any funds otherithan Federal appropriated funds have been paid or will be paid any
person for influencing or attempting to influenpe an officer or employee of any agency, a Member of Congres
officer or employee of Congress, or an empl~ee of a Member of Congress in connection with this Federal co tract,
11
\
A
NO~ P 0 ,:J Inn I
,I Pg 1 '-{ of U1
=--. . -._,=-~~.- ---.~. J ,
grant, loan or cooperative agreement, the R~cipient shall complete and submit Standard Form-LLL, "Disc/os re
Form to Report Lobbying."
3. The Recipient s~all require that this certification be included in the award docum nts for
all subawards (including subcontracts, subgrjants, and contracts under grants, loans, and cooperative agree ents)
and that all subrecipients shall certify and di~close.
This certification is a material! representation of fact upon which reliance was placed when this
transaction was made or entered into. Subnjission of this certification is a prerequisite for making or entering into
Ithis transaction imposed by Section 1352, Tifle 31, U.S. Code. Any person who fails to file the required certi ation
shall be subject to a civil penally of not less t~an $10,000 and not more than $100,000 for each such faiiure.
(21) COPYRIGHT PATENT AND TAADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT A~E HEREBY RESERVED TO THE STATE OF FLORIDA. AN AND
I
ALL COPYRIGHTS ACCRUING UNDER 0' IN CONNECTION WITH THE PERFORMANCE OF THIS
AGREEMENT ARE HEREBY TRANSFERR~D BY THE RECIPIENT TO THE STATE OF FLORIDA.
(a) if the Recipient has a pr,-existing patent or copyright, the Recipient shall retain all rights nd
ent~lements to that pre-existing patent or co~yright unless the Agreement provides otherwise.
(b) If any discovery or inve1ion is developed in the course of or as a result of work or servic s
performed under this Agreement, or in any y connected with it, the Recipient shall refer the discovery or in ention
to the Division for a determination whether t ,e State of Florida will seek patent protection in its name. Any pa ent
rights accruing under or in connection with t~e performance of this Agreement are reserved to the State of FI rida.
I
If any books. manuals, films, or other copyri~htable material are produced, the Recipient shall notify the Divisi n.
Any copyrights accruing under or in connectibn with the performance under this Agreement are transferred b the
I
Recipient to the State of Florida. I
(c) Within thirty days of eXe<fution of this Agreement, the Recipient shall disclose all intellect
properties relating to the performance of this f'l,greement which he or she knows or should know could give ris to a
I
patent or copyright. The Recipient shall reta" all rights and entitlements to any pre-existing intellectual prop
I
which is disclosed. Failure to disclose will in~icate that no such property exists. The Division shall then, und
Paragraph (b), have the right to all patents a~d copyrights which accrue during performance of the Agreemen .
(22) LEGAL AUTHORIZATION i
I
The Recipient certifies that it! has the legal author~y to receive the funds under this Agreeme and
I
that its governing body has authorized the e*,cution and acceptance of this Agreement. The Recipient also
certifies that the undersigned person has thelauthority to legally execute and bind Recipient to the terms ofth
I
Agreement.
(23) ASSURANCES ,
I
The Recipient shall comply Vl'ith any Statement of Assurances incorporated as Attachment C.
I
I
12
IN WITNESS WHEREOF, the parties
undersigned officials as duly authorized.
I
I
i
her~to
,
!
AGENDA '1""-;--
No I ,-.j" j
dEft- f~? I
i~g=l5ci3y I
-~ . -.
have caused this contract to be executed by their
Recioient: COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
James V. Mudd, County Manager for ToriJ Henning, Chairman
Date: AU!lust 26th. 2008
FEID# 59-60000558
ATTEST: Dwight E. Brock, Clerk
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency
~7Y1~
Assistant County Attorney
STATE OF FLORIDA
D!=PARTMENT OF COMMUNITY AFFAIRS
By:
Name and Title:
W. Craia Fuaate. Director
Division of Emeraencv Man~aement
\
Date:
c
.J4..
1::11
SEP';1 ?"';
It P'J=l~M-_3 'i I
- ..-...
EXHIBIT - 1
THE FOLLOWING FEDERAL RESDURCE~ ARE AWARDED TO THE RECIPIENT UNDER THIS AGREE
I
NOTE: If the resources awarded to the Rehipient are from more than one Federal program, provide th
same information shown below for each ~ederal program and show total Federal resources awarded.
I
Federal Program: Federal Emergency Ma~lagement Agency, Hazard Mitigation Grant
Catalog of Federal Domestic Assistance umber: 97.039
Amount of Federal Funding: $44,650.00 ,
THE FOLLOWING COMPLIANCE REQUIRJMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT: !
I
NOTE: If the resources awarded to the ReI;ipient represent more than one Federal program, list applic ble
compliance requirements for each Federar program in the same manner as shown below.
NT:
Federal Program:
List applicable compliance requirements ~s follows:
I
1. Recipient is to use funding to perform the following eligible activities; include mitigation proje ts
that will result in protection of pu~IiC or private property from natural hazards. Eligible projec
include, but are not limited to: I
. Acquisition of hazard pronb properties
I
. Retrofitting of existing buih:lings and facilities
. Elevation of flood prone sttuctures
. Infrastructure protection njeasures
. Storm water management i!mprovements
. Minor structural flood control projects
. Relocation of structures fr\>m hazard prone areas
. Retrofitting of existing buill:lings and facilities for shelters
. Vegetative managementlsdil stabilization
. Mitigation Planning Projeci
. Other projects that reduce ~uture disaster losses
,
I
2. Recipient is subject to all adminis~rative and financial requirements as set forth in this Agree nt,
or will be in violation of the terms \If the Agreement.
NOTE: Instead of listing the specific compiia~ce requirements as shown above, the State awarding agency m y
elect to use language that requires the Recipient to comply with the requirements of
applicable provisions of specific laws, rules, igUlatiOnS, etc. For example, for Federal Program 1, the langua e
may state that the Recipient must comply wit specific laws, rules, or regulations that pertain to how the awa ed
resources must be used or how eiigibility det rminations are to be made. The State awarding agency, if prac ical,
may want to attach a copy of the specific law) rule, or regulation referred to.
I
NOTE: Section AOO(d) of OMS Circular A-13~, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and ptate Projects included in Exhibit 1 be provided to the Recipient.
I
14
Attachment A
Nt F ;J
N~~ENDA IT 1'.(-1'
JO!I. S7'?-'o/"y
_....,."..~_..>o ::
,
~udget and Scope of Work
c
,
SCODe of Work i
As a Hazard Mitigation Grant Program projeqt, the Recipient, Collier County, will provide wind protection for t
Isles of Capri Fire/Rescue Station Helipad, Iqcated at 175 Capri Boulevard, Naples, Florida 34113, by installin a
concrete seawall along the length of the pro~rty between the building and the water line. The seawall dimen ion;
12 feet high with 4 feet above the grade and feet below grade 6 inches thick. All installations will be done in trict
compliance with the Florida Building Codes nd Specifications.
I
All materials will be certified to meet the windl and impact standards of the current local codes. The local mun ipal
or county building department will inspect an~ certify installation according to the manufacture's specification, nd
ensure that the above referenced standards tave been met.
This is FEMA project 1609~8-R, funded undFr 1609-DR-FL.
I
The Period of Performance for this project e~ds on December 31,2009.
I
Schedule of Work !
State Contracting Process:
Trenching for Wall:
Placement of Wall Sections:
Tie In for Side Retentions:
Backfilling and Grading:
Bid and Permit Process:
Inspection and Closeout:
State Final Inspection:
State Closeout:
Total Period of Performance:
6 Months
14 Days
1 Month 1 0 Days
8 Days
6 Days
1 Month 15 Days
1 0 Days
3 Months
3 Months
16 Months 3 Days
Budaet
Line Item Budaet*
profct Cost Federal Share Local Share
Material and Labor: 58 50.0 $44 063.00 $14687.00
Sub-total: $58,750.00 $44,063.00 $14,687.00
Administrative Cost: 0.00 $ 587.00 $ 0.00
Total: $58,750.00 $44,650.00 $14,687.00
*Any line item amount in this Budget may be ~ncreased or decreased 10% or less without an amendment to t 's
Agreement being required, so long as the ovfrall amount of the funds obligated under this Agreement is not
increased.
Fundina Summary
Federal Share:
Local Share:
Total Project Cost:
$44,063.00 (75%)
$14687.00 (25%)
$58,750.00 (100%)
Recipient Administrative Allowance up to $5 ,7.00.
15
I~r-d-
Attachment B
N~~~No.A TEM~/-
Sf,. . filip,
'ef!=~P_ 3
Pro~ram Statutes and Regulations
i
i
The parties to this Agreement and tHe Hazard Mitigation Grant Program (HMGP) are generally gover ed by
the following statutes and regulations: i
i
The Robert T. Stafford Disa~ter Relief and Emergency Assistance Act;
,
(1)
(2) 44 CFR Parts 7,9, 10, 13, 1~, 17, 18,25,206,220, and 221, and any other applicable FEM policy
memoranda and guidance dpcuments;
I
(3) State of Florida Administratite Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Long-temj Recovery Guidance; and
!
(5) All applicable laws and regulations delineated in Attachment C of this Agreement
I
In addition to the above statues and regulations, the Recipient must comply with the following:
The Recipient shall fully perform the/'approved hazard mitigation project, as described
in the Application and Attachment A (Budge and Scope of Work) attached to this Agreement, in accordance
the approved scope of work indicated there! ,the estimate of costs indicated therein, the allocation of funds
indicated therein, and the terms and conditio s of this Agreement. Recipient shall not deviate from the appro ed
project and the terms and condttions of this greement. Recipient shall comply with any and all applicable c es
and standards in performing work funded un er this Agreement. and shall provide any appropriate maintenan e
and security for the project.
(
Any development permtt issued by, r development activity undertaken by, the Recipient
and any land use permitted by or engaged i by the Recipient, shall be consistent with the local comprehens e
plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statut s
Funds shall be expended for, and developm~nt actiVities and land uses authorized for, only those uses which re
permttted under the comprehensive plan anclland development regulations. The Recipient shall be responsi Ie for
ensuring that any development permit issue~and any development activity or land use undertaken is, where
applicable, also authorized by the Water Ma agement District, the Florida Department of Environmental Prot tion,
the Florrda Department of Health, the Florida Game and Fish Commission, and any federal, state, or local
environmental or land use permitting authorit ,where required. ReCipient agrees that any repair or constructi n
shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity wtth
applicable codes, speCifications and standar~s.
Recipient will provide and maintain cbmpetent and adequate engineering supervision at the construct n
site to ensure that the completed work confojms with the approved plans and specifications and will furnish
progress reports and such other information 10 HMGP as may be required.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation project then
Recipient shall ensure that, as a condition of~nding under this Agreement, the owner of the affected real pro erly
shall record in the public records of the counljy where it is located the following covenants and restrictions, w ich
shall run with and appiy to any property acquired, accepted, or from which a structure will be removed pursua t to
the project:
1. The properly will be dedicat'id and maintained in perpetuity for a use that is compatible wtth en
space, recreational, or wetla~ds management practices;
2. No new structure will be ereqted on properly other than:
(a) a public facility t~at is open on all sides and functionally related to a designated 0 en
16
SEP' -
space; 1 L Pf!J"=ci~"r."{)
(b) a restroom; or ! -""- '--
A structure that the Directodl of the Federal Emergency Management Agency approves in riting
before the commencement f the construction of the structure;
After the date of the acquisitlion or relocation no application for disaster assistance for any p rpose
,
will be made to any Federall entity and no disaster assistance will be provided for the prop rly by
any Federal source; and
If any of these covenants a~d restrictions is violated by the owner or by some third party th the
knowledge of the owner, fee simple title to the Properly described herein shall be conveyed to the
Board of Trustees of the Inlemal Improvement Trust Fund of the State of Florida without urther
notice to the owner, its sucqessors and assigns, and the owner, its successors and assign shall
forfeit all right, title and inter~st in and to the property.
HMGP Contract Manager will evaluate requests for cost overruns and submit to the Regional Directo
written detennination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44C R
206.438(b). I
.t--l
3.
4.
5.
The National Environmental Policy Al:t (NEPA) stipulates that additions or amendments to a HMGP
Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEP
process. You are reminded that no construclion may occur in this phase, that a full environmental review mu t be
completed prior to funding Phase II. .
As a reminder, the Recipient must obtain prior approval from the State, before implementing changes to the
approved project Scope of Work (SOW). Per the Unifonn Administrative Requirements for Grants and Coop tive
Agreements to State and Local Governments:
(
1. For construction projects, the grantee must "obtain prior written approval for any budget revision hich
result in a need for additional funds" (44 CFR 13 (c));
2. A change in the scope of work must be approved by FEMA in advance regardless of the budget
implications; and
3. The Recipient must notify the State as soon as significant developments become known, such as
delays or adverse conditions that might raise costs or delay completion, or favorable conditions a owing
lower cost or earlier completion. I Any extensions of the period of performance must be submitted 0
FEMA 60 days prior to the projeqt expiration date.
STATEMENT OF ASSURANCES
The Recipient assures that it will comply withlthe following statues and regulations, to the extent applicable:
:
1) 53 Federal Register 8034 ,
2) Federal Acquisition Regulations 31.~ and 031.2
3) Section 1352, Title 31, US Code .
4) OMS Circulars A-21 , A-87, A-110, A,122
5) Chapter 473, Florida Statutes '
6) Chapter 215, Florida Statutes.
7) Section 768.28, Florida Statutes
8) Chapter 119, Florida Statutes
9) Section 216.181(6), Florida Statutes'
10) Cash Management Improvement A~ Of 1990
11) American with Disabilities Act :
12) Section 112.061, Florida Statutes
13) Immigration and Nationality Act
14) Section 286.011, Florida Statutes
15) E.O. 12372 and Unifonn Administrati~e Requirements for Grants and Cooperative Agreements 28 C
17
I
\
16)
17)
18)
19)
20)
21)
22)
23)
24)
25)
(
((pre; ({
N~~':ND" 'TEI~Y---
,', SEP n CJClfl"," I,
'I . - ,. 1,11'
" P ~D .f
-.L~,"",:~-= ~~, :.:~;;L:
I
Part 66, Common rule, i
Uniform Relocation Assistance and ~eal Property Acquisitions Act of 1970
Title I of the Omnibus Crime Controliand Safe Streets Act of 1968,
,
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
28 CFR applicable to grants and cooperative agreements
Omnibus Crime Control and Safe s~'eets Act of 1968, as amended,
42 USC 3789(d), or Victims of Crim Act (as appropriate);
Section 504 of the Rehabilitation Ac of 1973, as amended;
Subtitle A, Title II of the Americans vfith Disabilities Act (ADA) (1990);
28 CFR Part 42, Subparts C,D,E, an~ G
Department of Justice regulations 01 disability discrimination, 28 CFR Part 35 and Part 39.
18
i
(
Attachment C
SEP () '.' {n.OR
Y!j~il~_f=~C"':L .
ftatement of Assurances
To the extent the following provisions apply t<i> this Agreement, the Recipient certifies that:
,
(a) It possesses legal authority to enter irto this Agreement, and to carry out the proposed program;
(b)
Its governing body has duly adoptedi! r passed as an official act a resolution, motion or similar action
authorizing the execution of the haz d mitigation agreement with the Division of Emergency Manage
(DEM), including all understandings nd assurances contained in it, and directing and authorizing the
Recipient's chief administrative officdr or designee to act in connection wrth the application and to pro
such additional information as may b~ required;
,
,
ide
ent
(c)
No member of or delegate to the co,gress of the United States, and no Resident Commissioner, sha
receive any share or part of this Agr ement or any benefit. No member, officer, or employee of the
Recipient or its designees or agents, no member of the governing body of the locality in which the pro ram
is situated, and no other public offici~1 of the locality or localities who exercises any functions or
responsibilities with respect to the pr~gram during his tenure or for one year after, shall have any inte st,
direct or indirect, in any contract or s~bcontract, or the proceeds, for work be performed in connection with
the program assisted under this AgrEjement. The Recipient shall incorporate, in all contracts or
subcontracts a provision prohibiting any interest pursuant to the purpose state above;
All Recipient contracts for which the ~tate 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 cont ct
work completed prior to the date the rolice of suspension of funding was received by the Recipient. ny
cost incurred after a notice of suspe~sion or termination is received by the Recipient may not be fund d
with funds provided under this Agreement unless previously approved in writing by the Division. All
Recipient contracts shall contain provisions for termination for cause or convenience and shall provid for
the method of payment in such even\;
i
It will comply with: I
(1) Contract Work Hours and slety Standards Act of 1962,40 U.S C. 327 et seq., requiring that
mechaniCS and laborers (inciGding watchmen and guards) employed on federally assisted co tracts
be paid wages of nolless th~ one and one-half
times their basic wage rates or all hours worked in excess of forty hours in a work week; and
Federal Fair Labor Standard Act, 29 U.S.C. Section 201 et seq., requiring that covered empl yees
be paid at least the minimu prescribed wage, and also that they be paid one and one-half ti es
their baSIC wage rates for all ours worked In excess of the prescribed work-week
i
It will comply with: I
(1) Title VI of the Civil Ri9htsAJ of 1964 (P.L. 88-352), and the regulations issued pursuant ther to,
which provides that no pers,*, in the Untted States shall on the grounds of race, color, or nati nal
origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected 0
discrimination under any pro ram or activity for which the Recipient receives Federal financia
assistance and will immediat Iy take any measures
necessary to effectuate this ssurance. If any real property or structure thereon is provided 0
improved wtth the aid of Fed ral financial assistance extended to the Recipient, this assuran
shall obligate the Recipient, r in the case of any transfer of such property, any transferee, fo the
period during which the real roperty or structure is used for a purpose for which the Federal
financial assistance is axten ed, or for another purpose involving the provision of similar sarv as or
benefits;
(d)
(e)
(2)
(I)
19
(g)
~ A ITEIl)
i ' S~ 'l"~ I
Any prohibition against diSC]'imination on the basis of age under the Age Discrimi~:~i~~t'o ''T~~'
as amended (42 V.S.C.: 61 1-6107) which prohibits discrimination on the basis of age or wi
respect to otherwise quallfie handicapped individuals as provided In Section 504 of the
Rehabilrtation Act of 1973; I
Executive Order 11246 as ;tended by Executive Orders 11375 and 12086, and the regulati ns
issued pursuant thereto, wh h provide that no person shall be discriminated against on the sis of
race, color, religion, sex or ational origin in all phases of employment during the performanc of
federal or federally assisted construction contracts; affirmative action to insure fair treatment
employment, upgrading, derlootion, or transfer; recruitment or recruitment advertising;
layofflterminalion, rates of payor other forms of compensation; and election for training and
apprenticeship; !
I
,
It will establish safeguards to prohib~' employees from using positions for a purpose that is or gives th
appearance of being motivated by a esire for private gain for themselves
or others, particularly those with wh m 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 V.S.C. Section 51 which outlaws and prescribes
penalties for "kickbacks" of wages inl federally financed or assisted construction activities;
I
,
(2)
(3)
(h)
(i)
It will comply with the proviSions of 1 USC 594, 598, 600-605 (further known as the Hatch Act) whic limits
the political activities of employees;
OJ
It will comply wrth the flood insuranc purchase and other requirements of the Flood Disaster Protecti n Act
of 1973 as amended, 42 USC 4002 107, including requirements regarding the purchase of flood ins rance
in communities where such insuranc is available as a condition for the receipt of any Federal financi I
assistance for construction or acquis tion purposes for use in any area having special flood hazards. he
phrase "Federal financial assistance' includes any form of loan, grant, guaranty, insurance payment,
rebate, subsidy, disaster assistance oan or grant, or any other form of direct or indirect Federal assis nce;
It will require every building or faCilit~(other than a privately owned residential structure) designed,
constructed, or altered with funds pr vided under this Agreement to comply with the "Uniform Federal
Accessability Standards," (AS) whic is Appendix A to 41 CFR Section 101-19.6 for general type buil ings
and Appendix A to 24 CFR Part 40 r residential structures. The Recipient will be responsible for
conducting inspections to ensure co pliance with these specifications by the contractor;
(
(k)
(I) It will, in connection with its perform nce of environmental assessments under the National Environm ntai
Policy Act of 1969, comply with Sect n 106 of the National Historic Preservation Act of 1966 (U.S.C. 70),
Executive Order 11593, 24 CFR Pa 800, and the Preservation of
Archaeological and Historical Data A t of 1966 (16 V.S.C. 469a-1, et seq.) by:
(1)
I
Consulting wrth the ~tate Historic Preservation Office to identify properties listed in 0
eligible for inclusion n the National Register of Historic Places that are subject to adv rse
effects (see 36 CFR Section 800.8) by the proposed activity; and
I
Complying with all r~quirements established by the State to avoid or mitigate advers
effects upon such p'Pperties.
,
Abiding by the term~ and conditions of the "Programmatic Agreement Among the
Federal Emergenc~ Management Agency, the Florida State Historic Preservatio
Office, the Florida Iilivision of Emergency Management and the Advisory Coun I on
Historic Preservati.!,", (PAl" which addresses roles and responsibilities of Federal d
State entities in impl~menting Section 106 of the National Historic Preservation Act
20
(2)
(3)
(
(4)
I
I
I A IrE' .-;---/
I "' iVI
(NHPA), 16 U.S.C. +Of' and implementing regulations in 36 CFR part 8~'?9",:g3' ~ !~q C
When any of ReciPi~nt's projects funded under this Agreement may affect a -hiStoric C'o -~.._-'j -
property, as defined in 36 CFR 800. (2)(e), the Federal Emergency Management Ag cy
(FEMA) may require Recipient to review the eligible scope of work in consultation wit the
State Historic Prese ation Office (SHPO) and suggest methods of repair or construc ion
that will conform wit the recommended approaches set out in the Secretary of Inte or's
Standards for Reh bilitation and Guidelines for Rehabilitating Historic Building
1992 (Standards), t e Secretary of the Interior's Guidelines for Archeological
Documentation (G idellnes) (48 Federal Register 44734-37), or any other applicab
Secretary of Interior tandards. If FEMA determines that the eligible scope of work w II not
conform with the St ndards, Recipient agrees to participate in consultations to devel p,
and, after execution y all parties, to abide by, a written agreement that establishes
mitigation and recon ition measures, including but not limited to, impacts to archeolo ieal
sites, and the salvag ,storage, and reuse of any significant architectural features tha may
otherwise be demoli hed.
(5)
Recipient agrees to otify FEMA and the Division if any project funded under this
Agreement will invol e ground disturbing activ~ies, including, but not limited to: subs rface
disturbance; remova of trees; excavation for footings and foundations; and installatio of
utilities (such as wat r, sewer, storm drains, electrical, gas, leach lines and septic tan s)
except where these ctiv~ies are restricted solely to areas previously disturbed by th
installation, replace ent or maintenance of such utilities. FEMA will request the SH 's
opinion on the poten ialthat archeological properties may be present and be affected y
such activities. The HPO will advise Recipient on any feasible steps to be accompli hed
to avoid any Nationa Register eligible archeological property or will make
recommendations fo the development of a treatment plan for the recovery of archeol gical
data from the prope y.
If Recipient is unabl to avoid the archeological property. develop, in consultation wit the
SHPO, a treatment Ian consistent with the Guidelines and take into account the Ad isory
Council on Historic reservation (Council) publication "Treatment of Archeological
Properties". Recipie t shall forward information regarding the treatment plan to FEM ,the
SHPO and the Coun iI for review. If the SHPO and the Council do not object within 1
calendar days of re ipt of the treatment plan, FEMA may direct Recipient to implem nt the
treatment plan. If
either the Councilor the SHPO object, Recipient shall not proceed with the project un il the
objection is resolved
(6)
Recipient shall noti the Division and FEMA as soon as practicable: (a) of any chang s in
the approved scope fwork for a National Register eligible or listed property; (b) of al
changes to a project that may result in a supplemental DSR or modify an HMGP proj ct for
a National Register ligible or listed property; (c) if it appears that a project funded un er
this Agreement will ffect a previously unidentified property that may be eligible for
inclusion in the Nati nal Register or affect a known historic property in an unanticipat d
manner. Recipient cknowledges that FEMA may require Recipient to stop construct on in
the vicinity of the dis overy of a previously unidentified property that may be eligible f r
inclusion in the Nati nal Register or upon learning that construction may affect a kno n
historic property in a unanticipated manner. Recipient further acknowledges that F A
may require Recipie t to take all reasonable measures to avoid or minimize harm to ch
property until FEMA oncludes consu~ation with the SHPO. Recipient also acknowle gas
that FEMA will requi e, and Recipient shall comply with, modifications to the project s pe
of work necessary t implement recommendations to address the project and the pro erty.
Recipient aCknowl1es that, unless FEMA specifically stipulates otherwise, it shall ot
I 21
!
I
(7)
(
P If
N~~.~ A ITEM-I'
SfP ,
receive funding for rojects when, with intent to avoid the requirement. O.f the .PA or t e . I i
NHPA, Recipient int ntionally and significantly adversely affeets a hisj~. ~I u1--:?V
having the legal p er to prevent ~, allowed such significant adverse affect to 'occur. ---. (
(m) It will comply with Titie IX of the Edu ation Amendments of 1972, as amended (20 U.S.C.: 1681-168
1685 - 1686) which prohibits discrim nation on the basis of sex;
(n)
it will comply with the comprehensir Alcohol Abuse and Aicoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S. .4521-45-94) relating to nondiscrimination on the basis of alcoh
abuse or alcoholism;
It will comply with 523 and 527 of th Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 e-3),
as amended, relating to confidentiali y of alcohol and drug abuse patient records;
(0)
(p) It will comply with Lead-Based Paint oison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits he
use of lead based paint in constructi n of rehabil~ation or residential structures;
(q) It will comply w~h the Energy Policy nd Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and t e
provisions of the state Energy Cons rvation Plan adopted pursuant thereto;
(r) It will comply with the Laboratory Ani al Weifare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the c re,
handling, and treatment of warm blo ded animals held for research, teaching, or other activities supp rted
by an award of assistance under this agreement;
(s) It will comply w~h Title VIII of the Civ I Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as
amended, relating to non-discriminat on in the sale, rental, or financing of housing, and Title VI of the ivil
Rights Act of 1964 (P.L. 88-352), wh ch prohibits discrimination on the basis of race, color or nation 0 igin;
(t)
(u)
It will comply with the Clean Air Act 1955, as amended, 42 U.S.C. 7401-7642;
It Will complyw~h the Clean WaterAtt of 1977, as amended, 42 U S.C. 7419-7626;
It will comply w~h the Endangered steeies Act of 1973, 16 U S C 1531-1544,
It will comply with the Intergovernmertal Personnel Act of 1970, 42 U.S.C. 4728-4763;
It will assist the awarding agency in Jssuring compliance w~h the National Historic Preservation Act 0
1966, as amended, 16 U.S.C. 270; I
It will comply with environmentai sta~dards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 4'1 U.S.C. 4321-4347;
I
It will assist the awarding agency in c!ssuring compliance w~h the Preservation of Archeological and
Historical Preservation Act of 1966, 116 U.S.C. 469a, et seq;
,
I
It will comply w~h the Rehabilitation tct of 1973, Section 504, 29 U.S.C. 794, regarding non-discrimin tion;
It will comply with the environmental tandards which may be prescribed pursuant to the Safe Drinkin
Water Act of 1974,42 U.S.C. 300f-3 OJ, regarding the protection of underground water sources;
,
It will comply with the requirements ~ Titles II and III of the Uniform Relocation Assistance and Prope
Acquisition Policies Act of 1970, 42 .S.C. 4621-4638, which provide for fair and equitable treatment f
persons displaced or whose property is acquired as a result of Federal or federally assisted programs
I
i 22
,
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
(If)
(gg)
(hh)
(ii)
(
ITEM 7
It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, relate~1f P~!:~ting _/,)1) !
components or potential component, of the national wild and scenic rivers system; '---=--.. .. ~r..~f- 3t..f
It will comply with the following Exec~tive Orders; EO 11514 (NEPA); EO 11738 (violating facilities); 0
11988 (Floodplain Management); EQ11990 (Wetlands); and EO 12898 (Environmental Justice);
I
It will comply w~h the Coastal Barriej Resources Act of 1977, 16 U.S.C. 3510;
It will assure project consistency WitJthe approved State program developed under the Coastal Zone
Management Act of 1972, 16 U.S.C. 1451-1464; and
It will comply with the Fish and Wildli e Coordination Act of 1958; 16 U.S.C. 661-666.
,
W~h respect to demolition actiVitieS'~Will;
1. Create and make available cumentation sufficient to demonstrate that the Recipient and it
demolition contractor have s fficient manpower and equipment to comply with the obligations as
outlined in this Agreement.
2.
,
I
Return the property to its nal!Jral state as though no improvements had ever been contained
thereon. i
i
Furnish documentation of al~iqualified personnel, licenses and all equipment necessary to ins ect
buildings located in Recipien 's jurisdiction to detect the presence of asbestos and lead in
accordance with requiremen s of the U.S. Environmental Protection Agency, the Florida
Department of Environment I Protection and the County Heailh Department.
I
Provide documentation of thf,inspection results for each structure to indicate;
a. Safety Hazards Pre nt
b. Health Hazards Pre ent
c. Hazardous Material Present
Provide supervision over co~tractors or employees empioyed by Recipient to remove asbest and
lead from demolished or oth1rwise applicable structures.
Leave the demolished site clban, level and free of debris.
I
Notify the Division promptly if any unusual existing condition which hampers the contractors ork.
Obtain all required permits. i
I
Provide addresses and mar*,d maps for each s~e where water wells and septic tanks are to e
closed along w~h the number of wells and septic tanks located on each site. Provide
documentation of closures. i
Comply with mandatory stan1ards and policies relating to energy efficiency which are contain d in
the State energy conservatio plan issued in compliance with the Energy Policy and Conserv tion
Act (Public Law 94-163).
3.
4.
5.
6.
7.
8.
9.
10.
11. Comply with all applicable st ndards, orders, or requirements issued under Section 112 and 06 of
the Clean Air Act (42 U.S.C. 857 (h), Section 508 of the Clean Water Act (33 U.S. 1368),
Executive Order 11738, and he U.S. Environmental Protection Agency regulations (40 CFR art
15 and 61). This clause sha be added to any subcontracts.
I
12. Provide documentation of pu~lic notices for demolition activities.
I 23
I
I /J~~
I N - ~...._.... '.",.,...
! , I
i SFP
I \ I
, I
I cl'@ ,-026 ,
--- , c+ 3Y
I
( I Attachment D '-~.
I
DIVISION qF EMERGENCY MANAGEMENT
I
REQUEST FOt ADVANCE OR REIMBURSEMENT OF
HAZARD MI IGATION GRANT PROGRAM FUNDS
I
i
,
RECIPIENT NAME: Collier County i
,
ADDRESS: I
CITY, STATE, ZIP CODE: ,
I
PAYMENT No: I DEM Agreement No: 09HM-6G-09-21-01-0 9
FEMA Trackinn Numbers: 1609-68-R
Eligible Obligated Obligated Previous Current OEM Use Onlv
Amount Federal Non-Federa
100% 75% 25% Payments Request Aooroved Commer s
.~-- I
( !
TOTAL CUI RENT REQUEST $
I certify that to the best of my knowledge a d belief the above accounts are correct, and that all disburse" nts
were made in accordance with all condition of the Division agreement and payment is due and has not een
previously requested for these amounts.
RECIPIENT SIGNATURE I
NAME AND TITLE I DATE:
!
TO BE COMPLETED 1Y DIVISION OF EMERGENCY MANAGEMENT
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST $ i GOVERNOR'S AUTHORIZED REPRESENTATIVE
I
,
APPROVED FOR PAYMENT $
DATE
24
(
! (p ;:: 1-/
Attachment D
(continued)
N~~~ A ITEM 1
--
'_YL~~~. >;~ y
Applicant.
DIVISION F EMERGENCY MANAGEMENT
SUMMARY OF Di'CUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR LIGIBLE DISASTER WORK UNDER THE
HAZAR MITIGATION GRANT PROGRAM
Collier Countv Disaster No 1609
c-
DEM Agreement No. 09HM-6G-09-21-01-n19 FEMA Tracking # 1609-68-R
Applicant's Date of delivery , DOCUMENTATION Applicant's
Reference No. of articles, List Do~mentation (Applicant's payroll, material out of Eligible Costs
(Warrant, Voucher, completion of applican 5 stock, applicant owned equipment and name of 100%
Claim Check, or work or vendor 0 contractor) by category and line item in the
Schedule No.) performance approve project application and give a brief description of
services. the artiel s or services.
i
,
,
i
,
TOTAl
25
I k~..~ .:J.U
No" '::!:!.t:>..~>.'TEM'-
, ---
i Sf' ,'::< ?1111"
-, 'I" ~.~.~~!
, L.___J1~
-.
Attachment E
JUSTIFICA T ON OF ADVANCE PAYMENT
RECIPIENT:
Indicate ~ checkin9 one of the boxes below, if bOU are requestinll, an advance. If an advance payment is
requeste ,budget ata on which the recwest is a ed must be su milled. Any advance payment under this
Agreement is subject to s. 216.181(16), lorida Ste utes. The amount which may be advanced shall not exceed
the expected cash needs of the reCipient within the initial three months.
[ ] NO ADVANCE REQUESTED [ ] ADVANCE REQUESTED
No advance payment is requested. Advance payment of $ is requested. Balance f
Payment will be solely on a payments will be made on a reimbursement basis. These funds
reimbursement basis. No additional are needed to pay staff, award benefits to clients, duplicate fOn;;
information is required. and purchase start-up supplies and equipment. We would not
able to operate the program without this advance.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the foil lWing worksheet.
(A) (B) (C) (D)
FFY FFY FFY Total
DESCRIPTION 2006-2007 2007-2008 2008-2009
( ~~".
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES'
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.1
~!,irst three months expel)a.tures nee~.onIY De rovided for the years '" which you requested an advance.
If you do not have this information, call your co sultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CAI ULATlO :
X $ =
Cell 03 HMGP Award MAXIMUM
(Do not include match) ADVANCE
REOUEST FOR WAIVER OF CALCULATED MA <IMIIM
[ ] Reci~ient has no previous HMGP cont act history. Complete Estimated Expenses chart
and xplanation of Circumstances bel w.
[ ] Recipient has exc';f'tional circumstano s that require an advance greater than the Maximum
Advance calculate above. Comrlete stimated expenses chart and Explanation of Circumstances
below. Attach additional pages i nee ed.
26
,-
,
.
ESTIMATED EXPENSES
BUDGET CATEGORY
ADMINISTRATIVE COSTS
PROGRAM EXPENSES
TOTAL EXPENSES
EXDlanation of Circumstances:
(
,
Jt?f.:';2/!
N~~~C A ITEM -1
-----,
. s[r, I""!f!'
i 1'!l~'1 ~ If-'jj' ,
~'~:-:::~~.....
-_._~. .
2008-2009
AnticiDated EXDenditures for First Three Months of Contr ct
27
I
I
---~-_._-,._~
!~F;}. lI-
i Attachment F AGENDA ITE M I
11I0._..__ ~.
DIVISION OF E iIIERGENCY MANAGEMENT SEP ,.. ." 10.'
HAZARD MITI 3ATION GRANT PROGRAM 3ClOf 3'-('
i PI)
, . ...,....--.--. -. ~..
~..__.~-
QUART RL Y REPORT FORM
RECIPIENT: Collier Countv Project Number # 1609-68-R
PROJECT LOCATION: Other-Retention wln OEM 10 #: 09HM-6G-09-21-01-019
DISASTER NUMBER: FEMA-1609-DR-FL I QUARTER ENDING:
Provide amount of advance funds disbursed or period (if applicable) $
Provide reimbursement projections for this p oject:
July-Sep, 200_$ Oct-Dec, 200_$ Jan-Mar, 200_$_ Ap~June,200__$_
July-Sep, 200_$ Oct-Dec, 200_$ Jan-Mar, 200_$ Ap~June,200__$_
Percentage of Work Completed (may be conf,rmed by state inspectors): %
I
Project Proceeding on Schedule: [JYes dNO
i
Describe milestones achieved during this qu~rter:
i
,
( I
I
Provide a schedule for the remainder of wor to project completion:
Describe problems or circumstances affectin completion date, milestones, scope of work, and cost:
Cost Status: [J Cost Unchanged [ ] unber Budget [ ] Over Budget
I
Additional Comments/Elaboration: I
NOTE: Division of Emergency Management (OEM) staff may perform interim inspections and/or audits at
any time. Events may occur between quarte Iy reports, which have significant impact upon your
project(s), such as anticipated overruns, Ch~h ges in scope of work, etc. Please contact the Division as
soon as these conditions become known, ot erwise you may be found non-compliant wrth your subgrant
award.
Name and Phone Number of Person comPl1ting This Form
I
I
,
,
~',- !
, 28
/6 P;;z
AGEND
No.__ _
i Attachment G
I
warrantits and Representations
Financial Manaaement
Recipient's financial management system sh II provide for the following:
(1) Accurate, current and complete Jisclosure of the financial results of this project or program
SFP {.,
~ Pll~~[.~ -C.~i..
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to rant awards, authorizations, obligations, unobligated
balances, assets, outlays, incom and interest.
(3) Effective control over and accou tability for all funds, property and other assets. Recipient
shall safeguard all such assets a d assure that they are used solely for authorized purposes.
(4) Comparison of expenditures wit I budget amounts for each Request For Payment. Whenever
appropriate, financial informatio should be related to performance and unit cost data.
(5) Written procedures to determine hether costs are allowed and reasonable under the
provisions of the applicable OM cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation..
(
Comoetition.
All procurement transactions shall be done i a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or othe ise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitiv advantage, contractors that develop or draft specifications,
requirements, statements of worl<, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awa s shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most a vantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly 9 t forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated b the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so. I
I
Codes of conduct.
The Recipient shall maintain written standard of conduct governing the performance of its employees
engaged in the award and administration of ntracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a c ntract supported by public grant funds if a real or apparent
confiict of interest would be involved. Such a onflict would arise when the empioyee, officer, or agent,
any member of his or her immediate family, h s or her partner, or an organization which employs or is
about to employ any of the parties indicated, as a financial or other interest in the firm selected for an
award. The officers, employees, and agents f the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from c ntractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions 0 be applied for violations of such standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for usiness, with the entrance door open to the public, and at
least one employee on site, from 8:00 a.m. t 5:00 p.m., local lime, Monday through Friday.
Licensina and Permittina ~
All subcontractors or employees hired by the ecipient shall have all current licenses and permits
required for all of the particularworl< forwhic they are hired by the Recipient.
,
I
29
I (p p ;) II
AGENDA I EM
11I0._,_,.
Attachment H
8H'
Pll_:S~b :S'-'
Contractor Covered Transactions
(1) The prospective contractor of the R , certifies, by
submission of this document, that n ither it nor its principals is presently debarred, suspended,
proposed for debarment, declared in Iigible, or voluntarily excluded from participation in this
transaction by any Federal departm nt or agency.
(2) Where the Recipient's contractor is Jnable to certify to the above statement, the prospective
contractor shall attach an explanatio to this form.
CONTRACTOR:
By:
Signature
(~
Name and Title
Street Address
City, State, Zip
Date
Collier County
Recipient's Name
09HM-6G-09-21-01-019
Division Contract Number
30
.
II
N~.~.. ~.D~ '!.~~.. I
~I-
~[ 'I,
!' ~ _~ b f. ~V- !
MAN AGE M ..-,,==-.:
W. CRAIG FUGATE I
Director
I
I
I
STATE OF FLORIDA
DIVISION OF EMERGENCY
CHARLIE CRIST
Governor
August 1, 2008
Mr. Emilio Rodriguez, Fire Chief
Isles of Capri Fire/Rescue
175 Capri Boulevard
Naples, FL 34113
Re: Hazard Mitigation Grant Program (HMGP) DR-1609-68-R (State Project
Number 1609-53) Isles of Capri, Collier County, Isles of Capri Fire Station
Helipad, Seawall
Dear Mr. Rodriguez:
(
The Division of Emergency Management (OEM) is pleased to inform you that the
Federal Emergency Management Agency has approved the obligation of Hazard Mitigation
Grant Program funds for the project number(s) listed above. Please note that this is an eligible
cost-reimbursement contract, and as such, the recipient must make other funding arrangements to
complete this project. However, the recipient may submit periodic requests for payment
throughout the project process, consistent with the terms of the contract.
Enclosed are four copies of the proposed contract between Isles of Capri Fire/Rescue
and OEM. The official representative, as listed below, will need to sign both the signature page
(page 13) the Certification Regarding Debatment, Suspension, Ineligibility and Voluntary
Exclusion form (Page 30). All four (4) copies of the contract should then be sent to the
Tallahassee address listed below for full execution no later than ninety (90) days after receipt of
this letter for final execution. One fully executed contract will be returned to Isles of Capri
FirelRescue for its files.
Official Representatives:
County:
City:
Indian Tribe:
Water Management District:
N on-Profit:
Chairman of the Board of Commissioners
Mayor
Chief or President
Chairman
Chairman of the Board
FLORIDA RECOVERY OFFICE
36 SkyliDC Drive
Lake Mary, FL 32H6-620J
. DIVISION HEADQUARTERS.
2555 Shumutl Oak Boulevard
Tallahassee, FL 32399-2100
Tel: 850.413-9969. Fax: IJ$O-48B-I016
www Flo1"itl..ni!l:utI!F (')"'11'
STATE LOGISTICS RESPONSE CENTER
2702 Directors Row
Orlando. FL 32809-5631
'-......,1..
'-,..
/ (p f J /1
NAGENDA ITEM
0._=_ .._=_~_
SEP. -fO f.< 7001'1
-~ f3 I
L
111=-2 .. b _ "
Ifthere is an official that is not listed above who is authorized to sign the contrac s lUl ... . r
your organization, please provide a copy of the organization's resolution or charter that
specifically identifies the person or position that is authorized to sign.
Mr. Emilio Rodriguez
August 1, 2008
Page 2
Additional assistance is available regarding your approved HMGP project on the Florida
Division of Emergency Management Website: htto://www.floridadisaster.ore!brmlhml!D.htm
Please reference the heading: Grant Management Tools Listed Below which contains sample
documents that will provide guidance for completing requests for reimbursement, requests for
advance payment, reporting requirements and supporting documents containing important points,
and subgrantee close-out checklists.
If you have questions regarding this contract or who is authorized to sign it, please call
Shaurita Jackson at (850) 922-5332.
Respectfully,
~. Cv...--
W. Craig Fugate, Director
Division of Emergency Management
(- WCF:sjlr
Enclosures
.