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Agenda 01/12/2021 Item #16A28 (Agreement #20-7677)01/12/2021 EXECUTIVE SUMMARY Recommendation to award Agreement No. 20-7677 to Atkins North America, Inc., pertaining to Request for Professional Services (“RPS”) No. 20-7677, “Upper Gordon River Storm Water Weir Replacement Design” in the amount of $489,827.92, approve all necessary budget amendments, and approve the Modification to Agreement No. H0379 with the Florida Division of Emergency Management to reinstate and extend the agreement to November 30, 2021. (Project No. 60102) OBJECTIVE: To award a contract pertaining to RPS # 20-7677, for the “Upper Gordon River Weir Replacement Design, and to reinstate and extend the Period of Performance of the Associated Grant (No. H0379 with the Florida Division of Emergency Management (“FDEM”)), to November 30, 2021.” CONSIDERATIONS: On June 9, 2020, meeting (Agenda Item 16.A.12.d), the Board approved the selection committee’s ranking of the top three firms that submitted proposals in response to RPS # 20- 7677, and authorized staff to begin contract negotiations with the top-ranked firm, Atkins North America, Inc. (“Atkins”), for the design of the Upper Gordon River Weir Replacement. Generally, the project scope under the attached proposed agreement consists of the provision of engineering design, permitting, and engineer of record services related to the replacement of the weir facility located within the Upper Gordon River. The weir structure is located on the south side of Golden Gate Parkway approximately one-half mile east of the intersection of Golden Gate Parkway and Goodlette Road, just west of the Bears Paw development. The weir structure, which is over forty (40) years old and in poor condition, consists of two Amil gates that control the discharge of surface water from the Gordon River into the tidally influenced receiving water of the lower portion of the Gordon River. The objective of this project is to develop a final hydraulic and structural design that includes construction plans and specifications, with continuing engineer of record services provided through the permitting and construction/replacement stage of the project. Staff negotiated and reached the attached proposed agreement with Atkins to provide the qualification based solicited professional engineering services for the amount of $489,827.92. Thi s figure indicates a savings of $20,053.56 from the original submitted cost. Staff requests that the Board approve the attached Agreement No. 20-7677 with Atkins. On September 11, 2018, (Item 16.E.3), the Board provided after-the-fact approval for the submittal of several applications for Hazard Mitigation Grant Program funding. Capital Project Planning, Impact Fees and Program Management submitted eight (8) grant applications for funding of which the Upper Gordon River Weir Replacement application was approved for funding and attached for execution. The Upper Gordon River Weir Replacement project award is for the design and permitting of a replacement weir as part of the stormwater conveyance system to help alleviate historical flooding in the Gordon River Basin area. On January 14, 2020, (Agenda Item 16.A.19), the Board approved the Agreement for grant funding. In order to avoid expiration of the Grant, County staff sent a request to FDEM on September 18, 2020 to extend the Period of Performance. However, the grant expired on November 30, 2020, while staff was waiting for the approved extension document to arrive, which ultimately arrived on December 2, 2020. As a result, staff is also requesting that the Board reinstate the associated grant for the Project by approving the attached Modification to Subgrant Agreement between the FDEM and the County, which will reinstate the grant agreement and extend the grant agreement term to November 30, 2021. FISCAL IMPACT: Costs for design total $489,827.92. Funds in the amount of $187,500.00 are available in GMD Grant Fund (711), Project 60102 and funds in the amount of $62,500.00 are available within the GMD Grant Match Fund (712), Project 60102. A budget amendment will be required to transfer the remaining amount of $239,827.92, within Stormwater Bond Fund (327) from reserves to Project 60102. Funding sources include a FEMA Hazard Mitigation grant passed through FDEM, ad 16.A.28 Packet Pg. 1027 01/12/2021 valorem revenue and stormwater infrastructure bonds. Additionally, approval of the Grant Modification will allow the continuance of the $187,500 in grant funding assistance from the Florida Division of Emergency Management. Grant funding in the amount of $187,500 has been appropriated in Growth Management Grant Fund (711), Project 60102 and matching funds in the amount of $62,500 have been transferred from Stormwater Capital fund (325) to Growth Management Match Fund (712), Project 60102. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval.-SRT GROWTH MANAGEMENT IMPACT: The proposed project is in accordance with the goals, objectives, and policies of all applicable sections of the Stormwater Management and the Conservation and Coastal Management elements of the Growth Management Plan. RECOMMENDATION: To approve Agreement No. 20-7677, pertaining to RPS # 20-7677, “Upper Gordon River Weir Replacement Design,” to Atkins North America, Inc., in the amount of $489,827.92, approve all necessary Budget Amendments, approve the attached Modification to Subgrant Agreement No. H0379 with the Florida Department of Emergency Management, to reinstate and extend the agreement to November 30. 2021, and authorize the Chair to sign the attached agreements. Prepared By: Shane Cox P.E., Sr. Project Manager / Capital Project Planning, Impact Fees, and Program Management Division ATTACHMENT(S) 1. [Linked] signed contract 20-7677 (PDF) 2. 20-7677 NORA (PDF) 3. 20-7677 AtkinsNorthAmerica_Insurance 10-28-20 (PDF) 4. 4337-305-R BOCC Mod #1- for Subrecipient Signature (PDF) 5. [Linked] 4337-305-R - Executed FEMA Agreement (03-18-2020) (PDF) 16.A.28 Packet Pg. 1028 01/12/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.28 Doc ID: 14001 Item Summary: Recommendation to award Agreement No. 20-7677 to Atkins North America, Inc., pertaining to Request for Professional Services (“RPS”) No. 20-7677, “Upper Gordon River Storm Water Weir Replacement Design” in the amount of $489,827.92, approve all necessary budget amendments, and approve the Modification to Agreement No. H0379 with the Florida Division of Emergency Management to reinstate and extend the agreement to November 30, 2021. (Project No. 60102) Meeting Date: 01/12/2021 Prepared by: Title: Project Manager, Senior – Capital Project Planning, Impact Fees, and Program Management Name: Shane Cox 12/08/2020 11:13 AM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 12/08/2020 11:13 AM Approved By: Review: Procurement Services Viviana Giarimoustas Additional Reviewer Completed 12/08/2020 11:28 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 12/08/2020 4:04 PM Capital Project Planning, Impact Fees, and Program Management Gerald Kurtz Additional Reviewer Completed 12/08/2020 4:58 PM Growth Management Department Lisa Abatemarco Additional Reviewer Completed 12/09/2020 8:31 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 12/10/2020 9:08 AM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 12/14/2020 2:07 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 12/14/2020 2:52 PM Procurement Services Sandra Herrera Additional Reviewer Completed 12/15/2020 7:17 AM Procurement Services Evelyn Colon Additional Reviewer Completed 12/15/2020 8:51 AM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 12/15/2020 11:17 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 12/16/2020 12:40 PM Public Services Department Shane Cox Deputy Department Head Review Skipped 12/08/2020 10:22 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 12/16/2020 1:02 PM Grants Valerie Fleming Level 2 Grants Review Completed 12/18/2020 8:06 AM 16.A.28 Packet Pg. 1029 01/12/2021 Grants Carrie Kurutz Additional Reviewer Completed 12/21/2020 11:48 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 12/21/2020 1:57 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/22/2020 8:25 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/22/2020 3:20 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/28/2020 10:05 AM Grants Therese Stanley Additional Reviewer Completed 01/04/2021 9:57 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/04/2021 10:43 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/12/2021 9:00 AM 16.A.28 Packet Pg. 1030 Notice of Recommended Award Solicitation: 20-7677 Title: Upper Gordon River Weir Replacement Design Services Due Date and Time: 3/5/2020 3:00 PM Respondents: Company Name City County State Final Ranking Responsive/Responsible Atkins North America, Inc. Fort Myers Lee FL 1 Yes/Yes AIM Engineering & Surveying, Inc. Fort Myers Lee FL 2 Yes/Yes Stanley Consultants, Inc. West Palm Beach Palm Beach FL 3 Yes/Yes Utilized Local Vendor Preference: Yes No Recommended Vendor(s) For Award: On January 21, 2020 the Procurement Services Division released notices of Request for Professional Services 20-7677 Upper Gordon River Weir Replacement Design Services. 9,526 firms were notified, 89 firms downloaded the bid information and three (3) proposals were received on March 5, 2020. The Selection Committee convened on April 10, 2020. The Committee scored each of the proposals and shortlisted in the following order: Atkins North America, Inc. AIM Engineering & Surveying, Inc. Stanley Consultants, Inc. On April 22, 2020 the Selection Committee reconvened for presentations and the Committee ranked the firms as shown above. Staff is recommending negotiations with the top ranked firm, Atkins North America Inc. Required Signatures Project Manager: Shane Cox Procurement Strategist: Viviana Giarimoustas Procurement Services Director: __________________________________ _________________ Sandra Herrera Date DocuSign Envelope ID: 61C777FF-E475-4CF4-9CDF-AFD8F8341239 4/23/2020 4/23/2020 4/23/2020 16.A.28.b Packet Pg. 1031 Attachment: 20-7677 NORA (14001 : Gordon River Weir and FDEM Grant Extension) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY B 2,000,000 GLO0137576-06 Manashi Mukherjee X ATL-005026670-08 1,000,000 1,000,000 X 26247 1,000,000 Annual Aggregate:(See additional page) of Marsh USA Inc. ATLANTA, GA 30326 N X10/15/2020 3 10/15/2021 04/30/2020 10/15/2021 BAP0137575-06 Professional Liability A 4,000,000 2,000,000 X 19445 American Guarantee & Liability Ins Co 1,000,000 X C X where required by written contract and subject to policy terms and conditions. 10/27/2020 NOC 1,000,000 10/15/2020 1,000,000 Re: RPS No. 20-7677; Upper Gordon River Weir Replacement Design Services “For any and All work performed on behalf of Collier County X 3295 Tamiami Trail East, Bldg C-2 Naples, FL 34112 Collier County Collier County Board of County Commissioners is included as additional insured where required by written contract with respect to general liability and auto liability coverages. Waiver of subrogation is applicable A National Union Fire Ins Co. of Pittsburgh PA CN102421774-Atkin-GAWE-20-21 Limit: Per Claim 50,000 10/15/2021 2,000,000 AUC9304209-18 (claims made policy) 4,000,000 16535 1,000,000 1,000,000 04/30/2021 WC0137577-06 TWO ALLIANCE CENTER MARSH USA, INC. X 3560 LENOX ROAD, SUITE 2400 4030 West Boy Scout Blvd., Ste 700 Atkins North America, Inc. Tampa, FL 33607 X 15808715 10/15/2020 Board of County Commissioners 10/15/2020 A 10/15/2021 Zurich American Insurance Company 16.A.28.c Packet Pg. 1032 Attachment: 20-7677 AtkinsNorthAmerica_Insurance 10-28-20 (14001 : Gordon River Weir and FDEM Grant Extension) ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: 22 Atlanta �� Professional Liability placement was made by Marsh Canada. Marsh USA has only acted in the role of a consultant to the client with respect to the placement, which is indicated here for your convenience. � �� �� � Professional Liability:� Certificate of Liability Insurance CN102421774 MARSH USA, INC.� 4030 West Boy Scout Blvd., Ste 700� Atkins North America, Inc.� Tampa, FL 33607 25 16.A.28.c Packet Pg. 1033 Attachment: 20-7677 AtkinsNorthAmerica_Insurance 10-28-20 (14001 : Gordon River Weir and FDEM Grant Extension) 16.A.28.c Packet Pg. 1034 Attachment: 20-7677 AtkinsNorthAmerica_Insurance 10-28-20 (14001 : Gordon River Weir and FDEM Grant Extension) 16.A.28.c Packet Pg. 1035 Attachment: 20-7677 AtkinsNorthAmerica_Insurance 10-28-20 (14001 : Gordon River Weir and FDEM Grant Extension) 16.A.28.c Packet Pg. 1036 Attachment: 20-7677 AtkinsNorthAmerica_Insurance 10-28-20 (14001 : Gordon River Weir and FDEM Grant Extension) 16.A.28.dPacket Pg. 1037Attachment: 4337-305-R BOCC Mod #1- for Subrecipient Signature (14001 : Gordon River Weir and FDEM Grant Extension) 16.A.28.dPacket Pg. 1038Attachment: 4337-305-R BOCC Mod #1- for Subrecipient Signature (14001 : Gordon River Weir and FDEM Grant Extension) 16.A.28.dPacket Pg. 1039Attachment: 4337-305-R BOCC Mod #1- for Subrecipient Signature (14001 : Gordon River Weir and FDEM Grant Extension) 16.A.28.dPacket Pg. 1040Attachment: 4337-305-R BOCC Mod #1- for Subrecipient Signature (14001 : Gordon River Weir and FDEM Grant Extension) 16.A.28.dPacket Pg. 1041Attachment: 4337-305-R BOCC Mod #1- for Subrecipient Signature (14001 : Gordon River Weir and FDEM Grant Extension) 16.A.28.dPacket Pg. 1042Attachment: 4337-305-R BOCC Mod #1- for Subrecipient Signature (14001 : Gordon River Weir and FDEM Grant Extension) 16.A.28.dPacket Pg. 1043Attachment: 4337-305-R BOCC Mod #1- for Subrecipient Signature (14001 : Gordon River Weir and FDEM Grant Extension) 16.A.28.dPacket Pg. 1044Attachment: 4337-305-R BOCC Mod #1- for Subrecipient Signature (14001 : Gordon River Weir and FDEM Grant Extension) 16.A.28.dPacket Pg. 1045Attachment: 4337-305-R BOCC Mod #1- for Subrecipient Signature (14001 : Gordon River Weir and FDEM Grant Extension) PROFESSIONAL SERVICES AGREEMENT Contract # 20-7677 for Upper Gordon River Weir Replacement Desi n Services THIS AGREEMENT is made and entered into this day of 20 20 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Atkins North America, Inc. _ ._authorized to do business in the State of Florida, whose business address is 1514 Broadway, Suite 201, Fort M ers, Florida 33901 _ _ (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning er Gordon River Weir Re lacement Design Services (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287.055, Florida Statutes being. more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1,1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Page 1 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1.5. CONSULTANT designates Mark Erwin, PE, CFM a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"), The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 2 of 32 PSA_CCNA Single Project Agreement 20I T D WO Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone; (239) 252-8999 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the Page 3 of 32 PSA__CCNA Single Project Agreement 2017.030 Ver.S CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real - Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement- EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services, The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty- eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: Rabe 4 of 32 VSA_CCNA Single Project Agreement 2017.010 Ver.3 2.2. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.4. Providing renderings or models for the COUNTY's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.9. Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.10. Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY`S RESPONSIBILITIES 3.1 The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: Page 5 of 32 PSA_CCNA Single Project Agreernen12Ql7A10 Ver.3 a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE POUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition Page 6 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 precedent to the aforementioned "No Damage For Delay" provision, This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled Basis of Compensation , which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of casts; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. S Grant Funded: The hourly rates as set forth and identified in Schedule B, which is attached hereto, are for purposes of providing estimate(s), as required by the grantor agency. Page 7 of 32 1'SA_CCNA Single Project Agreement 2017.010 Ver.3 ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1 To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1 Page 8 of 32 PSA,CCNA Shig1e Project Agreement2017.010 Ver.3 8.2. To the extent that the Agreement that the work pertains to a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5,1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. Page 9 of 32 YSA_CCNA Single Project Agreement 2017.03 D Ver.3 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT' own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub -subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third -party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1 CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. Page 10 of 32 PSA. CCNA Single Project Agreemenl2017.010 Ver.3 ARTICLE TWELVE TERMINATION OR SUSPENSION 12A. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12,6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material Page 11 of 32 PSA_CCNA Single Project Agreement 2017,010 Ver.3 obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1, CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was Increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1, CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1 No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. Page 12 of 32 PSA_CCNA Single Project Agreement 2017,010 VtO ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. Ali notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Name: Capital Project Plannin. , Impact Fees & Pro-iram Mana;}ement Division Director: Amy Patterson Address: 2685 Horseshoe Drive S Naples, FL 34104 Administrative Agent/PM: Shane Cox. Project Manacer_ Senior Telephone: (239) 252-5792 E-Mail(s): Shane.Cox;r�.colliercountyfl.o )y 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Address: Attention Name & Title: Telephone: E-Mail(s): Atkins North America. Inc. 1514 Broadway. Suite 201 Ft. Mvers FL 33901 Charlotte Maddox PE 239] 334-7275 Charlotte.Maddox atkinsf lobal.com 16.3, Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. Page 13 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6, This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, ail representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17,8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Proiects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other; Federal Grant Contract Provisions Solicitation # 20-7677 including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal 17.10. Grant Funded Proiects(only a licable to Grant funded uroiectsti: In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY's discretion. Page 14 of 32 PSA_CCNA Single Project Agreement 2017.010 VCT.3 ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENTIPUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth -in -Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties Page 15 0#'32 PSA_CCNA Single Project Agrwncnt2017.010 Vera arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. Page 16 af32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 may. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of Courts & Comptroller By: By: Date: Burt L. Saunders Chairman Approved as to Form and Legality: County Attorney Name Consultant: Consultant's Witnesses: Atkins North America, Inc. By: Witke t 4 � C& Name and Title( —) Name and Title Witness ,rc� Ursv tc e Name and Title Page 17 of 32 PSA_CCNA Single Project Agreement 2017.010 V. f /�A SCHEDULE A SCOPE OF SERVICES .1-V- following this page (pages 1 through 16 ) Rage 18 of 32 I'SA_CCNA Single Project Agreement 2017.010 Ver.3 SCHEDULE A Professional Engineering Services For Upper Gordon River Replacement Weir Design and Permitting (Project No: 60102) Backs round The Gordon River watershed is 4,432 acres and located in west -central Collier County. The Upper Gordon River Amil gate weir structure is located just south of Golden Gate Parkway at Gordon River Greenway Park and is the salinity barrier for this riverine system. In its current state, the weir structure is in disrepair and needs to be replaced. A feasibility study has been conducted for the Gordon River watershed and will be used as guidance for design of the new structure. In December 2018, Collier County completed Master Plan for the Gordon River basin and included stormwater improvements throughout the basin including the replacement of the Amil gates. Collier County also has several other weirs throughout the County that function as salinity barriers with operable gates. The County intends on developing a SCADA system to operate all of the operable stormwater structures, beginning with this project. Project Objective The objective of the overall PROJECT is twofold, 1) to design a replacement weir structure for the Upper Gordon River basin such that it can be easily accessed, function as a salinity barrier, be easily operated and maintained by COUNTY staff, and to minimize upstream water level fluctuations while also maximizing flood control for adjacent properties and additional upstream flood relief projects. 2) Develop a SCADA telemetry system that allows this this weir structure to be remotely operational and that the SCADA system is a prototype that can be expanded to include other weir structures within the County's operation. The project approach will he broken down into the major tasks referenced below. A Scope of Work for this project that meets both objectives is presented on the following pages. It will be the responsibility and goal of the Consultant (ATKINS) to adhere to the requirements outlined in the associated grant, Florida Division of Emergency Management Project # 4337-305R, Contract 140379. STATEMENT OF WORK Task A - Assess Site Task A 1 - Serve,,. The following tasks will be executed by a sub -contractor, , in coordination with ATKINS and COUNTY to support the weir replacement design; Task A 1-1 — Control Establish relative vertical and horizontal control, referenced to GNSSIGPS positions checked against NGS benchmarks for project coordinates. (Florida State Plane East Zone NAD83 and NAVD 88). Task Al-2 — Weir Site Surve% Extents and Details E.F. GAINES perform topographic and bathymetric surveying of the project limits as described above, including, but not limited to, above ground and visible surface features such as utilities, fences, driveways, parking lots, sidewalks, buildings, light poles, ditches, drainage Structures and trees greater than h" diameter DBH (with type and size). Additionally, elevations will be obtained on a 50' grid with additional elevations as needed to reflect the existing terrain. Locate wetland delineation flags and seasonal high water (SHW) marks to be set by others prior to commencement of the survey. Locations of geotechnical SPT borings will also be located horizontally and vertically (ground elevation at boring locations). No sub -surface utilities will be located as part of this task. Three (3) cross sections, inclusive of topographic and bathymetric data, will be taken at the following locations: X-Sect] -- Approximately five (5) feet south of existing box culvert end wall (south side of Golden Gate Parkway). X-Sect2 — Approximately thirty (30) feet south (downstream) of existing AMIL gate weir structure. X-Sect3 --- Approximately eighty (80) feet south (downstream) of existing AMIL gate weir structure. The cross sections shall be taken perpendicular to the centerline of canal and depict the tops of banks (TOBs), toes of slopes, and centerline of canal, and extent 10 feet outside the TOB. 2 c — _ �ifS •�► "Sid _ as . 5 Figure 1 Task Ai-3 — Weir Site P gugerty Boundaries Recover and locate sufficient monumentation to plot the relevant property, right-of-way, and easement linework based on current deeds, easements, right-of-way maps and recorded subdivision plats. Assistance by the Client and/or Owner may be required in obtaining copies of these documents (particularly copies of County right-of-way maps and easements). This is not a Boundary Survey and no property corners will be set. The intent of the property, right-of-way and easement lines being shown on this Topographic Survey is to provide the Client with the limits of construction for the design of the new weir and ownership of the adjacent properties. 3 Task A 1-4 -- New Weir Site Benchmarks Set two (2) onsite benchmarks to aid contractor in construction. Task Al-5 —Sketch and Le._.al Descriptions if Re wired l Prepare two (2) sketch and legal descriptions of easements or parcels of land. Provide PDF copies of the documents digitally signed by a licensed Florida Professional Land Surveyor, Task Al - Deliverables 1, 'Three-dimensional CADD file (Civil 3D version 2018), inclusive of a digital terrain model of the topographic/bathymetric survey and the property ownership data. 2. Digital copy of the Topographic Survey digitally signed by a licensed Florida Professional Land Surveyor, 3. Digital copies of the sketch and legal for two (2) parcel or easement Task A2 — Geotcehnical Exr1oration Task A2-1 — Geotechnical Exploration SPTs on canal banks onla- i The following tasks will be executed by a sub -contractor, , in coordination with ATKINS and COUNTY to support the weir replacement design; Perform test boring layout and notify the Florida One Call system so underground utility check can be pe►•formed by member operators. Obtain the necessary Collier County permits for the geotechnical investigation. Perform two Standard Penetration Test (SPT) borings to a depth of 35 feet near the proposed weir location. One on the west side of the river and one on the east side of the river. The SPT borings data shall be shown relative to the NAVD88 datum. The SPT borings will also determine the presence of caprock, or the lack thereof. • Review each soil sample obtained in the field exploration program in the laboratory for j further identification and assignment of laboratory tests. Perform the appropriate laboratory tests on selected samples. Anticipated tests are classification tests consisting of sieve analysis, Atterberg limits, and/or organic content to aid in soil classification. • Analyze the existing soil conditions with respect to the geotechnical aspects of design and construction. 4 • Perform probes to a depth of up to 5 feet below the mudline to identify organic materials and capstone (if any) within the area of Upper Gordon River in which the new weir structure will be placed (a roughly 10' X 50' grid of probes within the river at approximately 10' intervals). Perform a seepage analysis for location of new weir. Task A2-2 — Geotechnical Exploration (In -river SPTs - o, tional.) Following the muck probe investigation in Task A2-1, if caprock is encountered, the COUNTY, ATKINS and ATKINS' subconsultant will hold a meeting to discuss the potential benefits of conducting additional borings directly in the river. The meeting will focus on whether this additional geotechnical information would provide a substantially better risk profile for contractors during the PROJECT bid process, ideally resulting in lower bids. If agreed to at the meeting, the following tasks will be executed by GCGE, only with authorization of the COUNTY and ATKINS; Perform test boring layout and notify the Florida One Call system so underwater utility checks can be performed by member operators. • Obtain the necessary Collier County permits for the geotechnical investigation. • Mobilize a barge mounted drill rig and safety boat to the site and place in the river (crane service is anticipated). • Perform two Standard Penetration Test (SPT) borings to a depth of 35 feet near the proposed weir location within the river. • Review each soil sample obtained in the field exploration program in the laboratory for further identification and assignment of laboratory tests. • Perform the appropriate laboratory tests on selected samples. Anticipated tests are classification tests consisting of sieve analysis, Atterberg limits, and/or organic content to aid in soil classification. • Analyze the existing soil conditions with respect to the geotechnical aspects of design and construction. 5 r J Task A2 - Deliverables 1. An engineering report from ATKINS' subconsultant that documents the results of the field exploration, laboratory testing programs, and seepage analysis and will offer conclusions/rccomrnendations for the design and construction of the new weir. The report will also present subsurface soil conditions, anticipated soil or rock types and conditions at the new weir location, and sheet pile wall design parameters. Task B — Weir Desi n Process Task B1 — Establish Plan to remove existin:-. Weir The existing weir will be removed as appropriate for the fixture design. The existing weir site will be restored such that it is not a hydraulic restriction to flows through the existing site. The existing retaining walls on either side of the structure that are connected to the box culverts under Golden Gate Parkway will be reviewed by a structural engineer to determine if these can remain as part of the new overall site design. Task B1 - Deliverables 1. Comments and notes within the final plans and technical specifications that direct the contractor to safely remove the existing weir, and to protect the existing retaining walls if deemed to remain by final design. Task B2 — Design New It is assumed that the weir is to be a straight standard weir with two slide gates. Although, it is proposed to conduct a preliminary engineering study or Basis of Design Report (BODR) to determine the weir size, configuration, access, point of commercial power connection, emergency power needs, site SCADA telemetry configuration and exact location prior to detailed design to make sure to meet the COUNTY's goals. Task 132-1 --Basis of Design Retort 1 BODR) ATKINS and its subconsultant will complete a Basis of Design Report that proposes a recommended weir configuration and submit it to the COUNTY to get approval on the new weir design concept prior to starting the 60% design plans. The objective of the BODR will be to provide the COUNTY with adequate information to evaluate proposed weir designs, types and configurations, as well as, any recommendations and/or technical guidance and requirements needed to develop bid documents for construction of the PROJECT. This 6 document will identify existing conditions that influence the final design of the PROJECT. The report will include, at minimum, the following items; • Site characterization • Updated H&H Modeling analysis for multiple weir configurations and operations to develop alternatives including a recommended alternative • At least three (3) weir configuration alternatives (modeling scenarios) shall be evaluated with the recommended alternative providing protection against the 25-year storm event. • A Benefit -Cost Analysis (BCA) shall be developed and included in the report that satisfies the grant requirements. • Conduct a Historical Preservation, Archeological and Tribal Consultation investigation, and develop documents necessary to satisfy these grant requirements. • Conduct an upstream and downstream analysis of the existing gage data to establish a water control elevation, high-water and higher high-water stage alerts and to design a weir that minimizes backflows from high tides to only extreme events. • Analyze the effects of future Sea Level Rise on the structure and upstream properties relative to the structure elevation(s) of the proposed weir using the most recent accepted SLR guidance for Collier County or the Southeast Florida Regional Compact as directed by the COUNTY. • Final determination of permitting requirements, including seasonal gate operation schedules. • Develop preliminary gate operation criteria to be used in the SCADA telemetry logic programming • Conceptual layout that depicts the recommended design for the location and configuration of the weir. • Investigate and recommend site access location(s), workspace and parking area. The goal will be to maximize the useful area of the site and provide safe ingress/egress, • Identify general electrical criteria such as equipment voltage and configuration subject to availability from the local power utility. Identify general lighting, grounding/bonding, and lightning protection. Establish a conceptual site plan electrica! layout and power distribution one -line diagram. 7 identify standby emergency generator power requirements, capacity, fuel type, location and design criteria. Identify general instrumentation and control criteria and overall control system philosophy to support operational needs and requirements. Prepare a conceptual level opinion of probable construction cost. Task I32-1 - Deliverables 2. Both a draft and final BODR 3. Digital version of the Preliminary Engineer's Opinion of Probable Cost at a 30% (conceptual) design level Task 132-2 — SCADA and Remote Telemetry Technical Memorandum The County has identified a need to control and monitor the Upper Gordon River Gate Structure from remote locations, specifically, from County Stormwater Operations and the County Emergency Operations Center. The existing Upper Gordon Riveu Gate structure is not remotely controlled and monitored from County facilities and a need to deploy a remote telemetry radio communications system, together with a supervisory control and data acquisition system operations system has been identified as a critical element of this project. The County has identified Emerson Remote Automation Solutions OpenEnterprise SCADA software as the desired operator interface for deployment in the Emergency Operations I i Center to be congruent with the system currently under deployment by the South Florida I Water Management District (SFWMD). The County has an existing radio telemetry system deployed by Public Utilities to monitor and control remote assets in the County water and I wastewater systems. County Stormwater Operations desires to determine the feasibility of expanding the Public Utilities radio telemetry system to include the Upper Gordon River Site, and potentially other stormwater structures/sites in the future for radio telemetry communications while deploying the Emerson SCADA software independent of the current Public Utilities system. Alternatively, if the existing Public Utilities radio telemetry system is determined to not be a viable option, then County Stormwater Operations desires to evaluate deployment options for a stand-alone radio telemetry system that is expandable in the future to include other structures/sites. ATKINS' subconsultant will prepare a technical memorandum analyzing and evaluating the two approaches identified above, as well as the 8 features and costs of the Emerson SCADA software best suited for County Stormwater Operations. Specifically, the Technical Memorandum will; • Investigate the feasibility of expanding the existing Public Utilities operated radio telemetry communications infrastructure to integrate the new Upper Gordon River Site, and possible expandability for future similar sites and establish a remote monitoring and control SCADA system and workstation located in the existing Emergency Operation Center (EOC). ATKINS' subconsultant will meet and discuss with Public Utilities the project approach, expected data requirements for the Upper Gordon River Site and the potential expandability for up to an additional seventy-two (72) sites for monitoring, of which twelve (12) sites will also requiring remote control capability. It is anticipated that County Stormwater Operations will identify all future sites for possible connection to the Public Utilities radio telemetry system. • Identify recommended SCADA operator interface hardware and software deployment options of the Emerson system for consideration by the County Stormwater Operations. • If it is determined that the Public Utilities System is not a viable approach, a new radio telemetry system generally consisting of a master antenna (and tower if necessary), base station radio, choice of radio frequency modulation will be analyzed and evaluated. • Identify minimum hardware requirements for SCADA server(s), workstations and other devices necessary for deployment of the Emerson SCADA software in congruence with the recommended radio telemetry approach. • Evaluate and recommend locations for SCADA server(s) and SCADA workstation(s) in the existing County Emergency Operations Center. • Perform a radio path survey to determine recommended Gordon River Weir antenna heights, radio frequencies for best performance (if not using Public Utilities Telemetry System), and base station radio system heights if a standalone deployment is selected. • The Technical Memorandum scope will be limited to the deployment of the Upper Gordon River site for connectivity. The Technical Memorandum (TM) will evaluate Remote Telemetry System architectures for the options and make recommendations for County use in determining the best value approach for SCADA and telemetry communications. The Technical Memorandum will be submitted as a draft for County review, discussion, and comment. County comments will be incorporated into a final Tcchnical Memorandum that will be the basis of design for the project SCADA and radio telemetry features. ATKINS and ATKINS' subconsultant will attend a virtualh'ernote review meeting with COUNTY to review and discuss the technical memorandum and receive comments. The comments will be incorporated into a final technical memorandum that will become the basis for the SCADA and Radio Telemetry Design. Task B2-2 - Deliverables 1, Drall TM 2. Review Meeting Minutes 3. final TM Task 132-3 — Utility Coordination ATKINS will identify, within the final contract plans, the existing utility information based on available information provided by the existing utilities within the project limits. ATKINS will coordinate with Sunshine 811 and submit a design ticket in order to identify any existing utilities within the project areas. ATKINS will resolve any conflicts with the proposed stormwater facilities and existing utilities through relocation of the proposed stormwater facilities or providing relocation recommendations to the affected utility owners. ATKINS will also begin utility coordination with all existing utilities upon completion of the BODR or prior. The scope does not include the design of any relocation plans for any of the existing utilities within the project limits. ATKINS' subconsultant will conduct coordination with power utility for service requirements to new gate location. Task 132-3 - Deliverables 4. Any data or records of coordination with utilities Task 132-4 — New Weir Structure and Site DesiTn The weir support structure design will be composed of a concrete structure that will be founded on a spread foundation. The structure will be adequately designed to comply with the geotechnical recommendations and be designed to support the water pressure behind the weir. The structure will be designed such that multiple operational gates can adequately be attached to the structure for automated operation. The structure will be designed such that flows through the structure primarily flow over the operational gates but will have designed concrete overflow locations. Attachments to the structure will be detailed for any other secondary items such as security gates, railings, catwalks, etc. Plan, elevation and sections required to adequately detail the structure will be included. Concrete dimensions and steel reinforcement details will also be included. Structural details will not be included in the 60% plan set as to not cause structural re -design efforts, in the event modifications to the structure dimensions or configurations are requested at that design level. It is assumed that the weir geometry will be linear and have minimal or no angles when looking in plan view. If a "sawtooth" or "piano -key" type weir is desired after the BODR is complete, a design fee modification may be required. In addition to the weir structure, catwalk and maintenance access, the design for the site will include basic necessities for housing the SCADA and electrical components including a back-up power generator and building enclosure. The building enclosure will be strong enough endure hurricane force winds and have a lifespan similar to the lifespan of the weir structure. ATKINS will design a seepage preventing wall under the weir structure based on the results in the seepage analysis to prevent seepage under the structure. The channel banks will be regraded to adequately accommodate the new weir structure and to transition back to existing grade on both the upstream and downstream sides of the new weir structure, ATKINS' subconsultant will provide design for the electrical, instrumentation, control and telemetry features for the project. The design will be based on the technical memorandum in TASK 132-2 and allow the County to monitor water levels upstream and downstream, set automated control for, and allow for manual control of all of the operable gates on the weir. The plans will be prepared to acceptable standards of draftsmanship in a manner to ensure clarity and legibility of reproductions. Draftsmanship (lines and lettering) will conform to samples available from the COUNTY (if provided). Plans will be clearly legible and easy to read for construction purposes and for archiving upon construction completion. All sheets in the plans sets will be 22 inches by 34 inches in size (I I x 17 for half -scale hard copy printouts). Borders and title blocks will conform to current COUNTY format. All drawings will meet the statutory requirements for plans tiled for public record. If necessary, the COUNTY will provide an example set of construction plans to ATKINS demonstrating the expected quality of construction plan sets needed for the PROJECT. The Professional Engineer(s) in responsible charge for the design of the PROJECT will affix to the cover sheet of the final construction plans and Technical Specifications, the firm's name, his/her signature and registration number as a Professional Engineer in the State of Florida, in accordance with state law governing Professional Engineers. Format for Technical Specifications, ATKINS and ATKINS' subconsultant will include any special provisions and/or supplemental conditions and will follow COUNTY standards necessary for the proper preparation of a Request for Bid to be released by the COUNTY to secure construction services for the PROJECT. Task B2-4 - Deliverables 1. At the 60% submittal, ATKINS in conjunction with ATKINS' subconsultant will provide the following: • Documented utility relocation schedules and/or "No conflict" letters • Four (4) Complete Hardcopy Sets of Contract Plans (I I"x17") • Digital version of the Design Plans at the 60% level • Digital version of the 60% Engineer's Opinion of Probable Cost 2. At the 100% submittal, ATKINS in conjunction with ATKINS' subconsultant will provide the following: • Four (4) Complete Hardcopy Sets of Contract Plans • Digital version of the 100% Engineer's Opinion of Probable Cost • Digital version of the Design Plans at the 100% level ! . Draft Technical Specifications Document 1 For Final Construction/Bid Documents ATKINS in conjunction with ATKINS' subconsultant will provide • Two (2) hardcopy Signed and Sealed Sets of Plans • One digital version of all final and complete project files per Collier County Standards including; o Digital Version of the Final Signed and Sealed Plan Set o Final Technical Specifications Document o Digital versions of all permits o Quantity Takeoff/Bid Schedule Document in Excel Format 12 o Final Engineer's Opinion of Probable Cost in Excel format Task. 132-5 — Construetabilit. Review ATKINS will complete a constructability review of plans at the 60% design level. The constructability review will be completed by design/construction staff of ATKINS that are considered experts and can provide an independent review to identify any potential construction conflicts or issues. These staff will have not been involved in the design process. Task B2•-5 - Deliverables 1, Comments generated by the review and responses to the comments Task B3 — Permittin Task 133-1 --Pre-A lication Meetin,-s ATKINS will hold pre -application discussions with SFWMD and USACE (if available), These will be held via teleconference with screen -sharing in order to economize costs (if possible). However, we will meet with them in person if required. Task 133-2 — Environmental Field Review and Data Collection ATKINS will perform a field review to determine the potential for the existence of threatened and endangered species habitats within the project litnits. Notes will be developed for the plans that will direct the Contractor on how to handle encountering any of these endangered species is not included. ATKINS will also species. Relocation of threatened or delineate and determine season high water elevations for wetlands within the PROJECT area. Task B3-3 South Florida Water Mana gel. ment District SFWMD Environmental Resource i Permit 'ERP r ATKINS will complete the permit application to SFWMD for an Exemption (62-330.051) or Minor Modification (62-330,060) and assist in obtaining an ERP permit for the PROJECT. This task assumes that the weir replacement will be on the south side of Golden Gate Parkway (the same site it is, currently) ATKINS will perform the following tasks, which are anticipated to be necessary to obtain the permit; • Complete application forms. • Develop a technical summary describing the proposed design and operation of the structure. • Respond to up to two SFWMD requests for additional information. 13 _ • No wetland delineation is anticipated to be necessary for permitting Task 133-4 — Dewatering Permit ATKINS will complete an application and assist in securing a dewatering permit for the PROJECT, The project will likely not qualify for a "No Notice" permit, therefore an Individual Water Use Permit (40E-2.101, F.A.C.) will need to be obtained for dewatering. The dewatering plan in the permit will be ATKINS' best judgment of how to preform the dewatering but will likely be re -configured by the contractor after PROJECT bidding award. Task 133-5 —United States Arm%Corsrs of En;-.ieeeers i USACEi i:ermit ATKINS will prepare notice for USACE Nationwide Permits 7, 31, or 43 and assist in obtaining the USACE permits for the PROJECT. ATKINS, in addition to preparing the permit applications, will also include providing the Contractor(s) with educational materials (in the form of notes in the plans) informing them of the measures that should be taken to protect any threatened or endangered species encountered on the project site. Task B3 - Deliverables 1. Meeting minutes from all pre -application meetings 2. Submittal of completed ERP application, 3. Submittal of completed Dewatering Permit application, 4. Submitta- of completed USACE Permit application. Task C — Biddino Services ATKINS will, during the bidding phase of the PROJECT, provide the following services: • Compile and organize all electronic files and hard copies of all necessary documents for the construction bid package. • Produce final set of plans ("Conformed Plan Set") if necessary, contingent on Contractor's comments • Respond to contractors' bid questions. • Issue Addenda • Review Contractor's bids for reasonableness and, if appropriate, submit a letter to the COUNTY recommending the award of the low bidder. Task D —Construction Assistance/Post Design Services 14 ATKINS will, during the construction phase of the PROJECT, provide the following services: • ATKINS and ATKINS' Subconsultant to attend pre -construction meeting • ATKINS to provide engineering and design clarification/advice to contractor Requests for Additional Information (RAI's) on the weir and site design, up to five (5) requests. • ATKINS' to provide engineering and design clarification/advice to contractor Requests for Additional Information (RAI's) on the SCADA and electrical design, up to five (5) requests. • ATKINS to provide shop drawing and submittal review and approvals services for weir and site design items (up to 10 submittals) • ATKINS' to provide shop drawing and submittal review and approvals services for SCADA and electrical items (up to 20 submittals & 10 resubmittals) • ATKINS' to provide interpretations, clarifications and change orders on SCADA and electrical items (total 3) • Provide plan revisions necessary during construction due to changes in field conditions and/or direction from the COUNTY. • ATKINS to conduct 5 site visits: 3 during construction and I each for substantial and final completion • ATKINS'to conduct (up to) 10 site visits: 8 visits during construction and I each for substantial and final completion • Convert the Environmental Resource Permit to the operation phase (as -built drawings with signed and sealed survey to be provided by the construction contractor) • Assist the County with the Self -Certification Statement of Compliance for the USACE permit. • ATKINS and ATKINS' to certify record drawings Task )E; — Project Management and Project ualih- Assurance/t ualli %- Control ATKINS will provide project management and QA/QC services throughout the life of the PROJECT. This task involves managing the technical work, communicating, invoicing, and coordinating with the COUNTY staff and subconsultants. ATKINS Project Manager will be responsible for overall COUNTY satisfaction in all aspects of the PROJECT including the 1s e schedule, deliverables, and quality control. Meetings will be held subsequent to each design deliverable as well as one kick-off meeting to be held at project initiation. This task includes up to five (5) in -person meetings and eight (8) virtual meetings. This task also includes conducting quality control on each work product and deliverable. This tasks also includes the maintenance of Quality Records. ATKINS will maintain adequate records of the quality assurance actions performed in providing services this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. All records shall be available to the COUNTY, upon request, during the Agreement term - ATKINS will furnish the COUNTY within thirty (30) days a Project Quality Assurance/Quality Control Plan detailing the procedures and evaluation for providing services pursuant to this Agreement. P`� 16 G SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1 Asa condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B,2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. Taskslitem Description lump Sum Time and Materials Not -To - Exceed A Assess Site $ 38 120.00 $ _ B Weir Desi n Process $301 934.12 $ _ _ _ C Bidding Assistance $15 400.88 $ $ $ Q Limited Construction Phase Services $72 452.40 E Project Management & QAIQC $51 808.00 $ $ Total Lump Sum Fee Total Time and Materials Fee GRAND TOTAL FEE 10.112 489 827.92 $ 489.827.92 $ Page 19 of 32 PSA, CCNA Single Praject Agreement 2017.010 Ver.3 �1 CA f_j, Lam' &2-.2, F1* estiera aeis-S the aetua! salari t s eRefits, aN-+a }h l ID'Fe6t Later .. ine irFed at �h d-a-Rd Y7d +r eFe••CIha"pay v4ffieut the GfQ r�lV'1-1'CC'GR'C1 . B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.3. ri* Lump Sum Fees: The fees noted in Section 2,1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. 13.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2A. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. 8.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. Page 20 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 Fr-1 B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. 8.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat„ or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: 13,3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. 13 3.4.1.3. Permit Fees required by the Project, B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. 13 3.4.1.6. Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. Page 21 of 32 PSA_CCNA Singlc Project Agreement 2017.010 Ver.3 B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. Page 22 of 32 PSA_CC>\A Single Project Agreement 2017.010 Ver.3 SCHEDULE B —ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. For Grant Funded Projects the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 23 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 Task/item 0 C V x E SCHEDULE C PROJECT MILESTONE SCHEDULE Description Assess Site Weir Design Process Bidding Assistance Limited Construction Phase Services Project Management & QA/QC Page 24 of32 Number of Calendar Days For Completlon of Task from Date of Notice to Proceed :m 550 750 1200 1200 PSA CCNA Single Project Agreement 2017,O1O Ver.3 SCHEDULE D INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self -insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self -insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be CONSULTANT's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY Page 25 of 32 I'SA_CCNA Single Project Agreement 2017.010 Ver.3 1 ' i 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. 10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Required by this Agreement? ,MI Yes ❑ No Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of $ 500,000 —for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained where applicable to the completion of the work. Required by this Agreement? A Yes ❑ No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑ Yes F9_1 No 13, COMMERCIAL GENERAL LIABILITY. Required by this Agreement? fit' Yes ❑ No A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Page 26 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $1 000.000 Per Occurrence, $ 2.000.00 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part, The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self -insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self -insured retentions carried by the CONSULTANT shalt be subject to the approval of the Risk Management Director or his/her designee. 14. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Required by this Agreement? ❑ Yes K No 16. Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Required by this Agreement? ❑ Yes K No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? 0 Yes ❑ No Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The ownership. Page 27 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Required by this Agreement? ❑ Yes [M No Technology Errors and Omissions Insurance: Coverage shall have minimum limits of $ Per Occurrence. 19, CYBER INSURANCE. Required by this Agreement? ❑ Yes ] No Cvber Insurance: Coverage shall have minimum limits of $ Per Occurrence, 20. UMBRELLA LIABILITY. A. Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. B. The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 21. PROFESSIONAL LIABILITY INSURANCE. Required by this Agreement? W. Yes ❑ No A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $1.000 000 _each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event Page 28 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project -specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self -insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D Page 29 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Atkins North America Inc. (company's name) hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning " Upi,er Gordon River Weir Replacement Design Services "project is accurate, complete and current as of the time of contracting. BY: TITLE: Ji t LC- C 1 DATE: t O • D Page 30 of 32 P5A_CCNA Single Project Agreement 2017,010 Ver.3 SCHEDULEF KEY PERSONNEL Page 31 of 32 PSA_CCNA Single Projcet Agreement 2017.010 Ver.3 SCHEDULE G Other: Federal Grant Contract Provisions (Description) ff following this page (pages 1 through 10 ) ❑ this schedule is not applicable Page 32 af32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 1-:/;11. i.n 1=f:1:}1 f;F�l. GF'AI` I- [;f?W RACT PROVISIONS COLLIER COUNTY FEMA - HAZARD MITIGATION GRANT PROGRAM (HMGP) CONTRACT PROVISIONS CFDA 97.039 This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). Compliance with Federal Law, Regulations and Executive Orders., The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State, and local laws, regulations, codes and ordinances: The Hazard Mitigation Grant Program (HMGP) is generally governed by the following statutes and regulations: 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Parts 7, 9,10,13,14,17,18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda and guidance document; o The Robert T. Stafford Disaster Relief and Emergency Assistance Act o State of Florida Administrative Plan for the Hazard Mitigation Grant Program FCP t EXH. 1.A FEDERAL GRANT CONTRACT PROVISIONS APPLICABLE FEMA HMGP PROVISIONS Access to Records; (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, Collier County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Administrative, Contractual, or Legal Remedies: Applies to contracts greater than the simplified acquisition threshold, currently set at $250,000. Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Americans with Disabilities Act: The contractor agrees to comply with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 at seg.), 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. Buy America Act: Applies to subcontracts. The contractor agrees to comply with 41 U.S.C. 10a. All unmanufaclured and manufactured articles, materials and supplies which are acquired for public use must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. Byrd Anti -Lobbying Amendment. Applies to contracts>$100,000. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Changes: See Standard Purchase Order Terms and Conditions. Clean Air Act and the Federal Water Pollution Control Act: Applies to all contracts and subcontracts >$150,000. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). Compliance with Federal Law, Regulations, and Executive Orders; This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives, Contract Work Hours and Safety Standards; Applies to Contracts >$100, 000 and involves the employment of mechanics or laborers. 29 C.F.R. § 5.5(b) (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. FCP - 2 CAO VX; i. I A I:J-',[jA`_:R ji.. CON -TRACT i'I ZOVISION a (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph ( 1) of this section, in the sum of $10 for each calendar day on which such indMdual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Contracting with Smatl and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms: §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever vossible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economicall; feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the re.i.iirement rermits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as annropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). FCP-3 l'XII 'LA F EDEf"Al. CiFtffNT C:C.}I+1TRACT PROVISIONS Copeland "Anti -Kickback" Act: a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as provided in 29 C.F.R. § 5.12. Debarment and Suspension: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000, As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is vaiid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. DNS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. Energy Efficiency Standards: The contractor agrees to 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 (42 U.S.C. 6201). Equaf Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federalhM assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b). During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees of applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, FCP - 4 r -�• FF=DE-11AI, (,RANT (:()IV"iT2F C-F K- OVISiON hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for empioyment. V. The contractor wilfi comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. VI, The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Vill. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Procurement of Recovered Materials (§200.322): Reouirements: The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, httrisafwww.e a. ovlsmm/conirehensive---rocurement-4iiide€ine--program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. FCP-5 �� E-YI i. 1.A 1 E_DE=fVkl_ GRANTCONTRACT PROVISIONS Termination for Cause and Convenience: Applies to all contracts >$10,000. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not Imited to, any damages or any anticipated profit on portions of the services not performed. STATE PROVISIONS Convicted Vendor and Discriminatory Vendors List: Those who have 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 $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Immigration and Nationality Act: 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 ("INK)), The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Public Records: The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. Record Retention: The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee's access to such records upon request. FCP-6 A MF..MB":P OF riiE Collier County SolldteVon 20 7877 EXHIBIT LB FEDERAL. CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to Include in the subcontract that (1) the subcontractor is bound by the terns of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (Ili) 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 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 Department as to whether the subcontractor is a minority vendor as defined In Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, the grant requirements identified In this document, VeridorlContractor Name Atkins North America, Inc. - Date 2120/2020 41,itkNrfsad EXHit31T L9- 1 1rDM20 8:57 AM p. 33 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES _ CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipients subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Atkins North•Alberica, Inc. By..-- ture Charlotte Maddox, Vice President Name and Title _ 4030 W Boy Scout Blvd. Suite 700 Street Address Tampa, Ft. 33607 City, State, Zip # 295224364 ..... _... : DUNS Number 9/29/2020 _ Date-- ---.._ -.......,�--yam . .-__� ..,- ... _....... Sub -Recipient Name: Collier County Board of County Commi ssioners DEM Contract Number: H0379 FEMA Project Number: 4337-305-R --.. _.....__.......... -..... _— FXHIBIT LB - 2 : APEI'' nI- I �,F. SHr, IIVA1.1N >F:CA"P Collier County Sollcltatlon 20.7677 COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT status will be verified. unveiiiabie statuses vwm require the vendorlPome Contractor to elthnr provide a revised statement or proAdie 5aurce documentation that validates a status, contractor means an entity thatrecelves a soottact. A. VENDOR/PI1IME CONTRACTOR INFORMATION olalmt:WIMP! PRIME fEID NUMBER � rnmf- RM 1011 AR AMOLI NIT t Atkns Nonh America, Inc. I 5"96136 IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN? y (N) CIS THE ACTIVITY OF 11iIS CUN I HALI, MINORITY OR WOMEN BUSINESS ENTERPRISL OBE? Y WI CONSTRUCTION? Y N {ORFIMftPjWfiEj7 OR HAVE A SMALL DISADVANTAGED MBE? Y (b CONSULTATION? Of N uuSINESS RA CERTIfICATFON FROM THE SMALL BUSINESS ADMINISTRATION? OR A SCRVICC DISABLED VETERAN? WBEP Y IN) OTHER? Y N SDB&A? Y N ____._ __ IS THIS SUBMISSION A REVISION? Y 1F YES, REWSION NUMBER t3. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIMP IS TO COMPLETE THIS NEXT SECTION DBE, MBE,WBE SUBCONTRACTOR OR SUPPLIER TYPEDFWQRXOR ETHN1KFYtaDDE PERCENT CT CONTRACT VET, SNIBM NAME SPECIALTY (See Relowl DOLLARS MBE fillers Electrlcal Engineering, Inc. Electrical HA WEE E.F.GatnesSurveying Services, tnc. proJactSurveyur NMW C, SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR N IMM"Fil I DATE TITLE OF : Charlotte Maddox, PE 2/20/2020 Vice President, Sector Manager tMA1L ADDRESS OF PRIME IS_UB_Mtrwl TELEPHORENVMDER FAX NUMBER Charlotte.Maddox@atklnsginhaLcom 813,281.0357 613.2BL3634 NOTE: 'This Information is used to track and report anticipated DBE or MBE participation In fedetaPy-funded contracts. The andcipated PRE or MB£ amount Is voluntary andwlF not become part of the contractual terms. Th1s form must be submLtted at time of response to a solicitation. If and when awarded a County contract, the prime w3L be asked to update the information for the grant compllanee Gies. .-EYONICITY' -CODE r RIRCkAmerLCan 8A His anlc American HA NatrveAmorican SLbmnt. Aston Amefk 2n SA0. Asian-PaCItIWAmencah _ APA Non-MlnoHtq Women NMW Alter, not of env other ro listed O 0. SECTION TO BE COMPLETED BY COLLIER COUNTY 912212020 6:67 AM EXHIBIT I.B - 3 p. 35 0"):.J1. '. 1.'..r..lf j i ''2)1 Idr- .l. ':`J 11 1... 1. ,'., r.1t Collier County 3olidtatlan 20-7677 EXHIBIT I FEDIERAL CONTRACT PROVISIONS AND ASWRANGES LOBBYING CERTIFICATION I o be submt ed with aach bid or offer exceeding $100,0001 The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid orwill be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer oremployea of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with Its Instructions. 3_ The undersigned shall require that the language of this certification be Included In the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subreciplents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification Is a prerequisite for making or entering Into this transaction Imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who falls to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of Its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 at seq., apply to this certification and disclosure, If any. Atkins North Am rica, Inc. Contractor (Fir me) �.f `Signature of Contractor's Authorized Official Charlotte Maddox, PE, D.WRE; Vice President/Senior Sector Manager Name and Title of Contractor's Authorized Official 2/20/2020 _ Date EXHIBIT I.B - 4 1/22/2020 0V AM P. 38 i I • STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron Desantis Governor Gerald Kurtz Principal Project Manager Collier County BOCC March 17, 2020 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34101 Jared Moskowitz Director Re: Project#: 4337-305-R, Collier County BOCC, Gordon River Water Control Structure Replacement, Drainage -Phase 1 Dear Gerald Kurtz: Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract number H0379 between Collier County BOCC and the Division of Emergency Management. Please forward all Requests for Reimbursement (Attachment D) to the Division of Emergency Management at the following address : Mike Lalbachan , Project Manager Florida Division of Emergency Management 2720 Directors Row Orlando, Florida 32809 If you have any specific questions regarding the contract or the Request for Reimbursement form , please contact Mike Lalbachan at (850) 815-4571. MEA: km/a Enclosure 0 IV IS I 0 N HE A 0 QUARTERS Tel : 850-413-9969 •Fax : 850-488-1016 2555 Shumard Oak Boulevard www.Fl oridaDisaster.org Ta lla hassee , FL 32399 -21 oo STATE LOGISTICS RESPONSE CENTER 2702 Directors R ow Orlando , FL 32809-5631 Agreement Number: H0379 Project Number: 4337-305-R FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200 .92 states that a "subaward may be provided through any form of legal agreement, including an agreement that t he pass-through entity considers a contract." As defined by 2 C.F .R. §200 .74, "pass-through entity" means "a non-Federal entity that provides a subaward to a Sub-Recipient to carry out part of a Federal program ." As defined by 2 C.F.R. §200.93, "Sub-Recipie nt " means "a non-Federal entity that rece ives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C .F.R. §200.38, "Federal award" means "Federal financial assistance that a non- Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C .F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. §200 .331(a)(1): Sub-Recipient's name: Sub-Recipient's unique entity identifier: Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date : Amount of Federal Funds Obl igated by this Agreement: Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: Tota l Amount of the Federal Award committed to the Sub- Recipient by the pass-through entity Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass-through entity: Contact information for the pass-through entity: Catalog of Federa l Domestic Assistance (C FDA) Number and Name: Whether the award is R&D: Indirect cost rate for the Federal award : Collier County BOCC 596000558 FEMA-DR-4337 -FL September 27, 2019 Upon executio n through November 30 2020 $187 500.00 $187 500 .00 $187 500 .00 Drainage Federal Emergency Management Agency FL Division of Emergency Management Mike.Lalbachan@em.myflorida .com 97.039 Hazard Mit igation Grant Program N /A N/A T HIS AG REEMENT is entered into by the Stat e of Florida , Division of Emerg ency Management, with headquarters in Tallahassee , Fl orida (h ereinaft er referred to as the "Div ision"), and Collier County BOCC , (he re inaft er referred to as the "Sub-Re cip ient "). For the purposes of this Agreement , the Div ision serves as the pass-through entity for a Federal award , and the Sub-Recipient serves as t he rec ipient of a subaward . T HIS AGREEMENT IS EN T ERED INTO BASED ON THE FOLLOW ING REPRESENTATIONS : A. The Sub-Re cipient represents that it is fu lly qualified and eligible to receive these grant f unds to provide the services i dentified herein ; B. The State of Florida received these grant fu nds from the Federal government , and the Division has the authority to subgrant these funds to the Sub-Recip ient upon the term s and conditi ons outline d below; and , C. The Div ision has statutory authority to disburse the funds under t his Agreement. THE RE FORE, th e Div isi on and the Sub-Recipient agree to th e following : (1) APPLICATION OF STATE LAW TO THIS A GREEMENT 2 C.F.R. §200 .302 provides: "Each state must expend and account for the Fede ral awa rd in accordance with state laws and procedu res for expen ding and acco unting for the state's own funds." Therefo re , section 215 . 971, Florida Statutes, entitled "Agreemen ts fun de d with fe deral or state assistance", ap plies to this Agreement . (2) LAWS , RULES. REGULATIONS AND POLICIES a. The Sub-Recipient 's perfo rmance under th is Agre ement is subject to 2 C.F.R. Part 200, ent itled "Uniform Ad mi nistrative Req uirements, Cost Pri nci ples , and Audit Re quirements fo r Federal Awards." b. As requ ired by Section 215 .971(1), Florida Statutes, this Agree me nt includ es : i. A provision specify ing a scope of wo rk th at clearly establishes the tasks that the Sub-Recipien t is requir ed to perform . ii. A prov ision dividing t he agreement into quantifiable units of de live ra bles th at must be received and accepted in writing by the Division before pay m e nt. Each delive rabl e must be directly rel ate d to the scope of work and specify the required minimum leve l of service to be perform ed and the crite ria for evaluati ng the successful com plet ion of each deliverable. ii i. A provision specify in g th e financial consequences that apply if the Sub- Recip ient fai ls to perform the minimum level of service requi red by the agree ment. iv . A provision specifying that the Sub-Recipient may expend funds only for allowabl e costs result ing from obligations incurred du ri ng the specified agreem ent period . v. A prov ision spe cify ing that a ny balance of unobl igated funds wh ich has bee n advan ced o r paid must be ref unded to the Div ision. 2 vi. A provision specify ing tha t any fu nds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In add ition to the foregoing , the Sub-Recipient and the Div ision shall be gove rn ed by fill applicable State and Federal laws , rules and regulations, including those identified in Attachment B. Any express reference in th i s Agreement to a partlcular statute, rule , o r regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971 (2), Fl orida Statutes, the Div ision 's Grant Manager shall be responsible for enforcing performa nce of this Agreement 's terms and conditions and shall serve as the Di vision's liaison with the Sub-Recipient. As part of his/h er dut ies, the Grant Manager for the Division shall : payment. i. Monitor and document Sub-Rec ipient performance; and , ii. Rev iew and document all deliverables for wh ich the Sub -Recipient requests b. The Division's Grant Manager for this Agreemen t is: Mike Lalbachan Project Manager Flo rid a Division of Emergency Management Mitigation Bureau 2702 Director s Row Orlando , FL 32809 T elephone: (850) 81 5-4571 Emai l: Mike.La lbachan@em.myf lorida .com c. The name and address of the Representative of the Sub-Recipient res ponsib le for the adm inistration of th is Agreement is: Gerald Kurtz Princ ipal Project Manager 2685 Sou th Ho rseshoe Drive, Suite 103 Naples, FL 34104 Teleph one: (239) 252-5860 Emai l: gerald .kurtz@colliercountyfl.gov d . In the ev ent that differe nt representat ives or add resses are d es ignated by either party after execution of thi s Agreement , notice of the name, title and address of the new representa tive will be prov ided to th e oth e r party . 3 ® (4 ) TERMS AND CONDITIONS This Agreement contains all the terms and cond itions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when In writing, signed by each of the parties, and attached to the original of th is Agreement. (7) SCOPE OF WORK The Sub-Recipient shall perform the work in accordance with the Budget and Scope of Work , Attachment A of this Agreement. (8) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and sha ll end on November 30, 2020, unless te rm inated earlier in accordance with the provisions of. Paragraph (17) of th is Agreemen t. Consistent with the definition of "period of performance" con ta ined in 2 C.F.R. §200.77 , the te rm "period of agreement" refers to the time during which th e Sub-Recipient "may incur new obligations to carry ou t the work authorized under" this Agreement. In accordance with 2 C.F .R. §200.309, the Sub- Recipient may receive reimbursement under th is Agreement only for "allowab le costs incurr ed during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub-Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligatio ns incurred during" the pe ri od of agreement. (9) FUNDING a. This i s a cost-reimbursement Ag reeme nt, subject to the avail ability of fu nds. b. The State of Florida's performance and obligation to pay unde r this Agreement is contingent upon an ann ual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Const itu tio n. c. The Division wi ll reimburse the Sub-Recipient only fo r all owable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The m axi mum reimbursement amount for each deliverable is outlined in Attachment A of th is Agreement ("Budge t and Scope of Work"). The maximum reimbursement amount for the entirety of th is Agreement is $187,500.00. d . As requi red by 2 C.F .R. §200.415(a), any request for payment under this Agreement must incl ude a certification, signed by an official who is authorized to l egall y bind the Sub-Recipient, wh ich reads as follows: "By signing this report , I certify to the best of my knowledge and bel ief t ha t the report is true, complete , and accu ra te, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the te rms and conditions of the Federal award. I am aware that any 4 false , fictitious, or fraudulent information, o r the omission of any materi al fact , may subj ect me to criminal , civ il or admin is trative pena lti es for fraud , fa l se statements , fa lse claims or otherwise. (U .S . Code Ti tl e 18 , Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any req uest for reimbursement by comparing th e documentation provided by the Sub-Recipi ent against a performance measure, out lined in Attachment A, that clearly delineates : i. The required minimum acceptable level of serv ice to be perfo rmed; and , ii. The criteria for eva luating the successful completion of each deliverable. f. The performance measure required by section 215 .971 (1 )(b), F lori da Statutes, remains consistent with the requirement for a "performance goal ", which i s defined in 2 C .F.R. §200 .76 as "a target level of performance expressed as a tangible, measurable objective, against wh ich actua l achievement can be compared ." It also remains consistent with the requirement, contained In 2 C.F .R. §200.301, that th e Division and the Sub-Recipient "re late financial data to performance accomp lishments of the Federa l award ." g. If authorized by the Federa l Awarding Agency, then the Div ision wi ll re imburse the Sub-Recipient for overtime expenses in accordance with 2 C.F .R. §200.430 ("Compensation-personal services") and 2 C.F .R. §200.431 ("Compensation-fringe benefits"). If the Sub-Recipient seeks reimbursemen t for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work , or other s im ilar cause (see 29 U.S.C. §207(e)(2)), then the Division wi ll treat the expense as a fringe benefi t. 2 C.F.R. §200.431 (a) defines fringe benefits as "allowances and serv ices provided by employers to their employees as compensation in addi tion to regular salaries and wages ." Fri nge benefits are allowabl e under this Ag reement as long as the benefits are reasonable and are required by law, Sub-Re cipient-emp loyee agree m ent , or an established policy of the Sub-Recipient. 2 C .F .R. §200.431(b) provides that the cost of fringe benefits in the form of reg ular compensation paid to employees duri ng periods of autho rized absences from the j ob , such as for annua l leave, family-related leave, sick leave , holidays, court leav e , m ili tary leave, administrative leave, and other simi lar benefits, are allowable if all of the following cr ite ria are met: I. They are provided u nder established written leave policies; ii. The costs are equitably allocated to all re lated activities, incl udi ng Federal awards; and, iii. The accounting basis (cash or accrual) sel ected for costing each type of leave Is consist ent ly followed by the non-Federal entity or spec ified grouping of employees. h . If authori zed by the Federal Awarding Agency, then the Div ision will re imburse the Sub-Recipient for travel expenses in accordance w ith 2 C.F.R. §200.474. As required by the Refere nce Gu ide for State Expenditures , re imbur sement for trave l must be in acco rdance with sect ion 112 .061 , Florida Statutes, wh ich includes submission of the claim on the approved state travel voucher . If the Sub- Rec ipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061 (6)(b), 5 F lorida Statutes ($6 for breakfast , $11 for lunch , and $19 for dinner), then the Sub-Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular opera tio ns as a resu lt of the Sub-Recipient's wri tten trave l policy; and, ii. Part icipation of the Ind iv idual In the travel is necessary to the Federal awa rd. i. The Div ision's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement pe riod and produce a fina l reconci liation report . The final report must identify any funds pa id in excess of the expenditures incurred by the Sub-Recipient. j . As defined by 2 C.F.R. §200 .53 , the term "improper payment" means or includes: i. Any payment that shou ld not have been made o r that was made In an incorrect amount (incl uding overpayments and underpayments) under statutory, contractua l, admin ist rat ive , or other lega lly applica ble re qu irements; and , ii. Any payment to an inel igible part y , any payment for an ineligibl e good or service , any dupl icate pa yment , any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for c redi t for applicab le discoun ts, and any payment where insufficient or lack of documentation prevents a reviewe r from discerning whether a payment was proper. (1 O)RECORDS a. As required by 2 C.F .R. §200 .336 , the Fe deral awardi ng age ncy, Inspectors General , the Comptroller General of the Un ited States, and the Divi sion, or any of their authorized representatives, shall enjoy the right of access to any documents , paper s, or other records of the Sub-Recipient which are perti nent to the Federal award , in order to make audits , examinations, excerpts , and transcri pts . The ri ght of access also inc ludes ti mely and reasonable access to the Sub-Recipien t 's pe rsonnel for the pu rpose of interview and discussion related to such documents. Finally, the right of access is not limited to t he required retention period but lasts as long as the records are retained. b. As required by 2 C.F .R. §200 .33 1(a)(5), the Div i sion , the Chief Inspector General of the State of Florida, the Florida A ud itor General , or any of their authorized rep resen tatives, sha ll enj oy the righ t of access to any doc uments, financial statements, papers, or other records of the Sub-Recipient which are pertinent to this Agreement, in o rder to make audits , examinations, exce rpts , and transc ripts. The right of access also includes timely and reasonable access to the Sub-Recipient 's personne l for the purpose of interview and discuss ion related to such documents. c . As re quired by Florida Department of State's record rete ntion requ ireme nts (Chapter 119, Florida Statutes) and by 2 C.F .R. §200 .33 3 , the Sub-Recipient shall reta in suffici ent re cords to show its compli a nce with the te rms of th is Agreem ent, as well as the comp liance of all sub contractor s or co nsu lt ants pa id from funds under this Agreement , fo r a period of fi v e (5) fisca l yea rs f rom the date of 6 complet ion of grant cycle or project. The following are the only exceptions to the five (5) yea r requirement: I. If any litigation, cla im , or audit is started before the expiration of the 5-year period, then th e records must be retained until all litigati on, claims , o r audit findings Involv ing the records have been resolved and final action taken . ii. When the Division or the Sub-Recipient is notified in writing by the Federal award ing agency, cognizant agency for audit, oversight agency for audit , cogn izant agency for ind irect costs, or pass-through entity to extend the retention period. ii i. Records for real property and equipment acqui red with Federal funds must be retained for 5 years after fi na l disposi tion. iv. When records are transferred to or maintained by t he Federal award ing agency or pass-through entity, the 5-year retention requirement is not app li cable to the Sub-Recipient. v. Re cords for program income transactions after the period of performance. In some cases recipients must rep ort program income after the period of perfo rmance. Where there Is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income i s earned . vi. Ind irect cost rate proposals and cost allocations plans. This pa rag rap h applies to the following types of documents and their supporting re cords: indirect cost rate computations or proposa ls , cost allocation plans, and any similar accounting computatio ns of the ra te at which a particular group of costs i s chargeable (such as computer usage chargeback rates or composite fr inge benefit rates). d . In accorda nce w ith 2 C .F.R. §200 .334 , the Federal awa rding agency must request transfer of certa in reco rd s to its custody from the Div ision or the Sub-Recipient when it determ ines that the re cords possess long -term retent ion value . e. In accordance with 2 C.F.R. §200 .335 , the Division must always p rovide or acc ept paper versions of Ag reement informatio n to and from the Sub-Recipient upon request. If pape r co pies are subm itted, then the Division must not req uire more than an origina l and two copies. When original records are electronic and cannot be altered, there is no need to create and reta in paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or othe r forms of ele ctron ic medi a provided that they are subject to periodic quali ty control reviews , provide reasonable safeguards against alteration , and rema in readable. f. As requi red by 2 C .F .R. §200 .303 , the Sub-Recipient shall take reasonable measures to safeguard protected personally identifi able Info rmat ion and other information the Federal awarding agency or the Div ision designates as sensit ive or the Sub-Recipient considers sensitive consistent w ith appl icable Federal , state, local, and tribal laws regarding privacy and ob li gations of confidentiality. g . Florida 's Govern m ent in the Sunshine Law (Section 286.01 1, Fl orida Statutes) prov ides the citizens of Florid a with a right of access to governmental proceed ings and mandates three , 7 basic requ irements: (1) meetings of public board s or comm issions must be open to the pub li c; (2) reasonab le noti ce of such meetings must be given ; and , (3) minutes of the meetings must be ta ken and promptly recorded. The mere receipt of public funds by a private entity, stand ing alone , is insufficient to bring that entity within the ambit of the open government requ ireme nts. However, t he Gov ernment in the Sunshine Law applies to priv ate en tities that provide serv ices to governmental agencies a nd that act on beha lf of those agencies in th e agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then , to the extent that private entity is performing that pub lic purpose, the Government In the Sunshine Law appl ies. For exam ple, if a volu nteer fire department provides firefi ghting services to a governmental entity and uses faci liti es and eq uipm ent purchased w ith pub lic funds , then the Government in the Su nsh ine Law applies to board of d irecto rs for that volunteer fire department. Thus, to the exte nt that the Government In the Sunshine Law appli es to the Sub-Recipient based upon the funds provi ded under this Ag reement, the meetings of the Sub- Recipient's govern ing board or the meetings of any subcommittee making recom mendations to the governing board may be subject to open government requirements. These meetin gs sha ll be pub licly noticed, open to the public , and the minutes of al l the meetings shall be pub lic records, avai lable to the publ ic in accordance with Chapter 119, Flo rida Statutes. h. Florida's Publ ic Records Law prov ides a right of access to the reco rds of the state and local governments as well as to private entities acting on their behalf. Un less specifi call y exempted from disclosure by the Leg islature, all materials made or re ceived by a governmental agency (or a private entity acting on beha lf of such an agency) in conj unction with officia l business which are used to perpetuate , commun icate , or forma lize knowledge qualify as public records subj ect to pu bl ic inspecti on . T he mere receipt of public fu nds by a private entity , standing alone, is insuffi cie nt to bri ng that en tity wit hi n the ambit of the public record req uireme nt s. How ever, when a pub lic entity delegates a public funct ion to a private entity , the rec ords generated by the pri vate entity's perfo rm ance of tha t duty becom e pub lic records . Thus, the nature and sc ope of the services prov ided by a private entity determine wheth er that entity is acting on behalf of a public agency and is therefore subject to the req uirements of F lori da's Public Records Law. i. The Sub-Recipient shall mai nta in all records for the Sub-Recipie nt and for all subcontractors or consultants to be paid from funds provided under this Ag reement, incl uding documentation of al l program costs , in a form sufficient to determine compliance with the requi rements and objectives of the Budget and Scope of Work -Attachment A -and all oth er app licable laws and re gu lations. (11 )AUDITS a. The Sub-Recipient sha ll comply with the aud it requirements contained in 2 C.F .R. Part 20 0, Subpart F. b . In accounting for the rece ipt and expenditure of f unds under this Agreeme nt , the Su b-Rec ipient shall follow Genera lly Accepted Accounting Princip les ("GAAP"). As defi ne d by 2 C.F .R. 8 §200.49 , GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Fi nancial Accounting Sta ndards Board (FASB)." c . When conduct ing an audit of the Sub-Recipient's performan ce under this Agreement , the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book , means generally accepted government aud iting standards issued by the Comptroller General of the United Stat es, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement , the Sub-Recipient shall be held liable for rei mbursement to the Div ision of all funds not spent in accordance with t hese applicable regulat ions and Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non- compliance . e . The Sub-Recipient shall have all aud its comp leted by an independent auditor, which is defined in sect ion 2 15. 97(2)(i), F lorida Statutes, as "an independent certified publ ic accountant licensed under chapter 473 ." The independent auditor shall state that the aud it com pli ed with the app li cable prov isions noted above . The audit must be received by the Division no later than nine months from the end of the Sub-Recipient's fiscal year. f . The Sub-Recipient shall send copies of reporting packages fo r audits conducted In accordance with 2 C.F.R. Pa rt 200 , by or on behalf of the Sub-Recipie nt , to the Division at the following address: DEM Single _Audit@em .myflorida .com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Fl orida 32399-2100 g. The Sub-Recipient shall send the Single Audit reporting package and Fo rm SF-SAC to the Federa l Aud it Clearinghouse by submission on li ne at: http: //harveste r . census . gov If ac/coll ecUddei ndex. htm I h. The Sub-Recipient shall send any management letter issued by t he aud itor to the Division at the following add ress : DEMS ing le_Audit@em .myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee , Florida 32399-2100 9 (12)REPORTS a. Consistent with 2 C.F .R. §200 .328, the Sub-Recipient shall prov ide the Div ision with quarterly reports and a close-out re port. These reports shall incl ude the current status and progress by the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Di vision. b . Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter un til submission of the administrative close- out report. The end ing 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 terminat ion of this Agreement or 60 days after completion of the act ivities contained in this Agreement, whichever first occurs. d. If all requ ired reports and copies are not sent to the Div ision o r are not completed in a manner acceptable to the Div ision , then the Div ision may withhold further pa ymen ts unti l they are completed or may take other action as stated In Parag raph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance wi th the Budget and Scope of Work. e. The Sub-Recipient shall prov ide add itional program updates or information that may be required by the Division. f. The Sub-Recipient shall prov ide additional reports and information id ent ified i n Attachment F. (13)MONITORING a. The Sub-Recipient sha ll monitor its performance under thi s Agreement, as well as that of its subcontractors and/or consultants who are paid from fu nds provided under thi s Agree m ent , to ensure that time schedules are be ing met , the Schedule of Deliverables and Scope of Work are bei ng accomplished within the specified time periods , and o ther performance goals are being ach ieved . A review shall be done for each function or acti vity In A ttachment A to this Ag reem ent , and reported in the quarterly report . b. In addition to re views of audits , monitoring procedures may include, but not be lim ited to, on-site visits by Divi sion staff, limited scope audi ts , and/or other procedures. The Sub-Recipient agrees to co mply and cooperate with any monitoring procedures/processes deemed appropriate by th e Division. In the event that the Division determines that a limited sco pe audit of the Sub-Recipien t is appropriate , the Sub-Recipient ag rees to comply with any additional instructions provided by the Div ision to the Sub -Recip ient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Fl ori da Chief Financial Officer or Auditor Genera l. In add ition, the Div ision w ill monitor the performance and financial m anagement by the Sub-Reci pie nt throughout the co ntract term to ensure ti mely complet ion of all tasks. 10 (14)LIABILITY a. Unless Sub -Recipient is a State agency or subdivision, as defined In section 768 .28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and, as author ized by section 768.28(19), Florida Statutes, Sub-Recipient shall ho ld the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For pu rposes of this Agreement, Sub-Recipient agrees that it is not an emp loyee or agent of the Div ision, but is an independent contractor. b . As requ ired by sect ion 768 .28(19), Florida Statutes, any Sub-Recipient which is a state agen cy or subdivision , as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or om iss ions which result in claims or suits against the Div ision, and agrees to be liable for any damages proxi mately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing here in is intended to serve as a wa iver of sovereign immunity by any Sub-Rec ipient to which sovereign immunity applies. Nothi ng herein shal l be construed as consent by a state agency or subdiv ision of the State of F lorida to be sued by third parties in any matte r arising out of any contract. (15)DEFAUL T If any of the followin g events occur ("Event s of Default"), all obl igatio ns on the part of the Di vision to make further payment of funds shall terminate and the Division has the opt ion to exercise any of its remedies set forth in Paragraph (16); however, the Di v ision may make payments or partial payments after any Events of Default without waiving the right to exercise such remed ies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement w ith the Division is or becomes fa lse or m isleading in any respect, or if the Sub- Recip ient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any prev ious agreement with the Division and has not cured them in timely fashion , or is unable or unwilling to meet its obligations under this Agreement ; b. Material adverse changes occur in the financial condition of the Sub-Recip ient at any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within th irty days from the date written no tice is sent by the Division; c. Any reports required by th is Agreement have not been submitted to the Division or have been submitted w ith in correct, incomplete or insufficient information; or, d . The Sub-Recipient has fa iled to perform and complete on time any of its ob ligations under thi s Agreement. (16)REMEDIES If an Event of Default occ urs, then the Division sha ll , after th irty calendar days written notice to the Sub-Recipient and upon the Sub-Recipient's fai lure to cure w ithin those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: 11 a. Terminate this Agreement , provided that the Sub-Recipient is given at least thirty days prior written notice of the term ination . The notice shal l be effective when placed i n the United States, first class mail, postage prepaid , by registered or certified mail-return receipt requested, to the address in paragraph (3) here in; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspe nd payment of all or any part of a request for payment ; d. Require that the Sub-Rec ipient refund to the Div ision any monies used for i neligible purposes under the laws, ru les and regulations governing the use of these funds. e . Exerci se any corrective or remedial actions, to include but not be limited to: i. Request additional information from the Sub-Recipi ent to determine the reasons for or the extent of non-compliance or lack of performance, ii. Issue a wr itten warning to advise that more serious measures may be taken if the situat ion is not corrected , ii i. Advise the Sub-Recipient to suspend, discontinue or refra in from incurri ng costs fo r any activities in question or iv. Require the Sub-Recipient to reimburse the Div ision for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies wil l not stop the Divis ion from pursuing any other remed ies in this Agreement or prov ided at law or in equity. If the Division wa iv es any right or remedy in this Ag ree ment or fa ils to insist on strict performance by the Sub-Recipient, it will not affect , extend or wa ive any other right or remedy of the Divi sion , or affect the late r exerci se of the same right or re m edy by the Division for any ot her default by the Sub -Recipie nt. (17 )TERMINATION a. The Division may termina te this Ag reement for cause afte r thi rty days wri tten notice . Cause can include misuse of funds , fraud , lack of compli ance with app licable rules, laws and regula tions, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any docum ent, paper, letter, or other material subject to disclosure under Chapter 11 9, Florida Statutes, as am ended. b . The Division may terminate this Agreement for convenience or when it determi nes, in Its sole discretion that continuing the Agreement would not pr oduce beneficial results in l ine w ith the further expenditure of funds, by providing the Sub-Recipient with th irty calendar da y's pr io r writte n noti ce . c . The parties may agree to termina te this Agreement fo r thei r mutua l conven ien ce thro ugh a w ri tten amendment of th is Agreement. The amendment w ill state the effecti ve date of the term in ation and the procedures for proper closeout of the Agreement. d . In the ev ent that this Agreement is term i nated , the Sub-Recipient wi ll not Incu r new obligations for the terminated po rtion of the Agreement after the Sub-Reci pient has received the 12 notification of termination. The Sub-Recipient will cancel as many outstanding obligations as poss ible . Costs in c urred after receipt of the term ination notice will be dis allowed . The Sub-Recip ient shall not be relieved of liability to the Div ision because of any breach of Agreeme nt by the Sub-Recipient. The Division may, to the extent author ized by law, withhold payments to the Sub-Recipient fo r the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. (18)PROCUR EMENT a. The Sub-Recipient shall ensure that any procurement involving fu nds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C .F.R. §§200 .318 through 200 .326 as wel l as Appendix II to 2 C.F .R. Part 200 (en tit led "Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). b. As requ ired by 2 C .F .R. §200.31 B(i), the Sub-Recipient shall "ma intain records sufficient to detail th e history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor select ion or rejection, and the basis for the contract price." c. As required by 2 C .F .R. §200.318(b), the Sub-Recipient shall "maint ain oversight to ensure that contractors perform in accordance with the terms, condi tions , and specifications of their contracts or purchase orders ." In order to demonstrate compl iance with this re qu irement , the Sub- Recipient shall document, in its quarterl y report to the Division, the progress of any and all subcontractors performing work under th is Agreement. d. Except for procurements by micro-purchases pursuant to 2 C .F .R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C .F .R . §200.320(b), if the Sub-Recipient chooses to subcontract any of the work requ ired under this Agreement , then the Sub-Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publ ication or communication of the solicitation . The Divis ion shall review the solicitation and provide comments, if any, to the Sub-Recipient with in three (3) bus iness days. Consistent with 2 C.F.R . §200 .324, the Division will review the solicitation for compliance with the p rocurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F .R. Part 200. Consistent with 2 c. F. R. §200.31 B(k), the Division will not substitute Its judg ment for that of the Sub- Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments sha ll not constitute an approval of the solicitation. Re ga rd less of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations , and agreement terms. If during its rev iew the Division identifies any deficiencies, then the Division shall communicate those defici encies to the Sub-Recipient as quickly as possible within the three (3) bus iness day wi ndow ou tl ined above. If the Sub-Recipient publishes a competitive solicitation after receiving comments from the Div ision that the solicitation is deficient, then the Division may: 13 i. Terminate this Ag reement In accordance wi th the provisions out lined in paragraph ( 17) above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. e. Except for procurements by m icro-purchases pu rsuant to 2 C.F .R. §200.320(a) o r procurements by small purchase procedures pursuant to 2 C. F.R. §200 .320(b), if th e Sub-Recip ient chooses to subcontract any of the wo rk req uired under this Agreement, then the Sub-Recipient shall forward to the Div ision a copy of any contemplated contract prior to contract execution. The Division shall rev iew the unexecuted contract and provide comments, if any, to the Sub-Recipient within three (3) business days. Consistent with 2 C.F .R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F .R. §§200 .318 through 200.326 as well as Appendix II to 2 C.F .R. Part 200. Consistent with 2 C.F.R. §200 .318(k), the Div ision will not substitu te its j udgment for that of the Sub-Recipient . While the Sub-Recipient does not need th e approval of the Division in order to execute a subcontr act , this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract . The Division 's rev iew and comments shall not constitu te an approval of the subco nt ract. Regardless of the Division's review, the Sub-Recipient remains bound by all applic able l aws, regulations, and agreement terms . If during its review the Division Identifies any deficiencies, then the Div ision shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub-Recipient execut es a subcontract after receiving a communication from the Div ision that the subcontract is non-compliant , then the Division may: i. Te rm in ate this Agreement in accordance with the provisions outlined in parag raph (17) above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated wi t h that subcontract. f. The Sub-Re cipient agrees to include in the subcontrac t that (i) the subc on tractor is bound by the terms of this Agreement , (ii) the subcontractor is bound by all applicable state and federal laws and regu lat ions, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcont ractor's performance of work under th is Agreement, to the extent allowed and required by law. g. As required by 2 C.F.R. §200 .318(c)(1), the Sub-Recipient shall "m a intain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administratio n of contracts." h. As required by 2 C.F.R. §200 .319(a), the Sub-Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly , the Sub-Reci pie nt shall not: 14 i. Place unreasonable requ irements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated compan ies; iv. Execute noncompetitive co ntracts to consultants that are on reta iner contracts; v. Authorize, condone , or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equ ivalent ; vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. A ll ow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, sta tement of work, invitation to bid, or request fo r proposals. i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub-Recipient, as requ ired by 2 C.F .R. §200 .319(b), shall not use a geographic preference when procuring commod ities or services under this Agreement. j. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F .R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. k. The Sub-Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C .F.R. §200 .320(d) as well as section 287.057(1)(b), Florida Statutes. I. F or each subcontract , the Sub-Recipient shall provide a written statement to the Div ision as to whethe r that subcontractor is a minority business enterprise, as defined in Section 288. 703 , Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C .F .R. §200.321 ("Contracting with small and minority businesses, women's business enterprises , and labor surplus area firms"). ( 19)A TT AC HM ENTS a. All attachmen ts to th is Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or incons istency. 15 c. This Agreement has the following atta chm ents : i. Exhibit 1 -Fundi ng Sou rc es ii. Attachment A -Budget and Scope of Work iii. Attachment B -Program Statutes and Regu lations iv . Attachment C -Statement of Assurances v. Attachment D -Request for Advance or Rei mbursement vi. Attachment E -J us tification of Advance Payment v ii. Attachment F -Quarterly Report Form viii. Attachment G -Warranties and Rep rese nt at ions ix. Attachment H -Certification Rega rdin g Deba rm ent x . Attachment I -Fede ra l Funding Accountability and Transparency Act xi. Attachment J -Mandatory Contract Provision s (20)PAYMENTS a. Any advance payment und er th is Ag reement is su bj ect to 2 C.F .R. §200.305 and, as app licable , section 216.18 1 (16), Fl orida Stat utes. All advances are required to be held in an Interest- bearing account. If an advance pa yment is requested , the budget data on which the request is based and a justificati on statement shall be incl uded in this Agreement as Attach ment E. Attachmen t E will specify the amount of advance payment needed and prov ide an explanation of the necessity fo r and proposed use of these funds. No advance shall be accepted for processing if a reimbursement ha s been paid prior to the subm ittal of a re quest fo r advanced payment. After the in itial advance, if any, payment sha ll be made on a re imbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the support ing documentation fo r all costs of the project or services. The fi nal invoice shall be subm itted within sixty (60) days after the expiration date of the agreement. An explan at ion of any circum sta nces proh ibiti ng th e submi tt al of quarterly i nvoices shall be submitted to the Divis ion grant manager as part of the Sub- Recipient 's quarterly rep ortin g as referenced in Paragrap h (12) of th is Ag reement. c. If the necessary funds are not available to fund this Ag reement as a resu lt of action by the United States Congress, the federal Office of Management and Budgeti ng , th e State Chief Fina ncia l Offic er or under subparagraph (9)b . of th is Agreement, all obliga ti ons on the part of th e Div ision to make any furthe r pay ment of fu nds shall terminate, and the Sub-Recipient shall submit its closeou t re po rt within thi rty days of receiv ing notice from the Division. 16 I 'I i (21)REPAYM EN TS a. A ll refunds or repayments due to the Division under th is Agreement are to be made payable to the order of "Div i sion of Emergency Management", and mai led directl y to the following address : Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399 -2100 b . In accordance with Secti on 215.34(2), Florida Statutes, if a check or other draft is returned to th e Div i sion fo r coll ect ion, Sub-Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, which ever is greater. (22)MANDAT ED CONDITIONS a. The va lidity of this Agreemen t is subject to the tru th and accuracy of all the information , representations , and materials submitted or provided by the Sub-Recipient in this Agreement, in any later submission or response to a Division request , or in any submission or response to fu lfill the requ irements of this Agreement. All of said information, representations, a nd materials are incorpora ted by re ference. The inaccuracy of the submiss io ns or any material changes shall , at the o ption of the Division and with thirty days written not ice to the Sub-Recipient, cause the termina tion of this Agreement and the release of the Div ision from all its obligations to the Sub-Recipient. b . Th is Agreement shall be const rued under the laws of the State of F lorida, and v enue fo r any actions arising out of this Agreement shall be in the Circu it Co urt of Leo n County. If any p rovision of th is Agreement is in confiict with any applicable statute or ru le, or is unenforc eable, th en the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not Invalidate any other provision of th is Agreement. c . Any power of approval o r disapproval granted to the Division under the terms of th is Agreement shal l survive the term of this Agreement. d. The Sub-Recipient ag rees to comply with the Americans With Disabilities Act (Public Law 10 1-336, 42 U .S.C. Section 12101 ~).which prohibits discri mination by public and private entities on the basis of disability in employme nt , public accommodations, transportation, State and local government serv ices, and telecommunications. e. Those who have been placed on th e convicted vendor list following a conviction fo r a pub li c entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a publ i c ent ity, may not subm it a bid on a contract wit h a pu blic entity for the construction or repair of a public bu il ding or publi c work , may not submi t bids on leases of rea l property to a publ ic entity , may not be awarded or perform work as a contracto r , supplier, subcontractor, or consultant under a contract with a public entity , and may not transact business with any public entity in 17 i I I jr I i I I l I ' excess of $25 ,000 .00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principa ls: i. Are not presently debarred, suspended , proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency: ii. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain , or performing a public (federal , state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property: iii. 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 (22) f. ii. of this certification; and, iv . Have not within a five-year period preceding this Agreement had one or more public transactions (federal , state or local) terminated for cause or default. g. If the Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement. h. In addition, the Sub-Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, lnellglblllty And Voluntary Exclusion" (Attachment H) for each intended subcontractor which Sub- Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub-Recipient enters Into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, letters or other material subject to the prov isions of Chapter 119, Florida Statutes , which the Sub-Recipient created or received under this Agreement. j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. k. 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 Imm igration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub-Recip ient of the employment provisions 18 contained in Section 274A(e) of the INA shall be grounds for un ilatera l ca nce ll at ion of this Agreement by the Divis ion . I. All unmanufactured and manufactured articles, materia ls and suppl ies which are acquired for pub lic use under th is Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23)LOBBYING PROHIBITION a. 2 C.F.R . §200.450 proh ibits reimbursement for costs associated with certain lobbying activities . b. Section 216.347 , Florida Statutes , prohibits "any disbu rsement of gra nts and aids appropriations pursuant to a contract or grant to any person or organ izat ion unless the terms of the grant or contract pro hibi t the expe nditure of funds for the purpose of lobbying the Leg isl ature , th e judici al branch , or a state agency." c. No funds or other resources rece ived from the Divi sion under this Agreement may be used direct ly or indirect ly to influ ence legislation or any other official action by the Florida Legislature or any state agency . d. The Sub-Recip ient certifies , by its signature to this Agreement, that to the best of his or her knowledge and be li ef: i. No Federa l appropriated funds have been paid or will be paid, by or on be hal f of the Sub-Recip ient , to any person for infl uencing or attempting to influ ence an officer or employee of any agency , a Member of Congress , an officer or employee of Cong ress, or an empl oyee of a Member of Co ngress in connection wit h the awarding of any Federa l contract, th e 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 mod ification of any Fede ral contract , gra nt , loan or cooperative agreement . ii. If any funds ot her than Fede ral appropriated funds have been paid o r 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 Co ng ress, or an employee of a Membe r of Congress in connectio n with this Federal contract , grant, loan or coope rative agreement, the Sub-Recipient sha ll complete and submit Standard Form-LLL , "Disclosure of Lobbying Activities." i ii. The Sub-Recipient shall require tha t this certifi cat ion be Included in the award documents for all subawa rds (including subcontracts, subgrants, and contracts under grants , loans , and cooperative agreemen ts) and that all Sub-Recipients shall certify and disclose. iv. This certification is a ma teri al representatio n of fact upon whic h re li ance was placed when thi s transact ion was made or en tered into. Submiss ion of thi s certification is a prerequi site fo r making or entering in to this transaction imposed by Sect ion 1352, Title 31, U.S. Code. Any perso n who fails to file the required certifica tion shall be subj ect to a civil penalty of not less tha n $10,000 and not mo re than $100,000 for each su ch fa il ure . 19 I I i' (24)COPYRIGHT. PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entit le ments to that pre-exist ing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is deve loped in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer the discovery or invention to the Di vi sion for a dete rminat ion whether th e State of Florida will seek patent protection in its name . Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Flor ida . If any books, manuals, films, or other copyrightable material are produced , the Sub-Recipient shall notify the Division . Any copyrights accruing under or in connection with the performance under this Agreeme nt are transferred by the Sub-Recipient to the State of Florida . c. Within th irty days of execution of this Agreement, the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division sha ll then, under Paragraph (24) b .. have the right to all patents and copyrights which acc rue during performance of the Agreement. d. If the Sub -Rec ipient qualifies as a state university under Florida law, then , pursuant to secti on 1004.23 , Florida Statutes , any invention conceived excl usively by the employees of the Sub- Recipient sha ll become the sole property of the Sub-Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both part ies hereto, each party shall have an equa l, undivi ded interest in and to such join t inven tions. The Division shall retain a perpetual, irrevocable, fully- paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida government purposes. (25)LEGAL AUTHORIZATION The Sub-Recipient cert ifies that it has the lega l authority to re ceive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipie nt to the terms of th is Agreement . 20 (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F .R. §60-1.4(b), the Sub-Recipient hereby agrees that it will incorporate or cause to be incorporated Into any contract for construction work , or modification thereof, as defined in the regu la tions of the Secretary of Labor at 41 CFR Chapter 60 , which is paid for in who le or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance , or guarantee, or undertaken pu rsuant to any Federal program involving such grant , contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of th is contract , the contracto r agrees as follows: i. The contractor will not discriminate against any employee or app licant for employment because of race , color , religion , sex , or national origin. ·The contractor will take affi rmative action to ensure tha t applicants are employed, and that employees are treated during employment without regard to their race, color, re lig ion , sex , or nationa l origin. Such action shall include , but not be limited to the followi ng : employment, upgrading , demotion, or transfe r; recruitmen t or recruitment advertising ; la yoff or term in ation ; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for emp loyment, notices to be provided setting forth the prov isi ons of this nondiscrimination clause . ii. The contractor will , in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, co lor, rel igion, sex , or national origin. iii. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding , a notice to be prov ided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post cop ies of the notice in conspicuous places available to employees and appli cants for employment. iv. The contractor wi ll comply with al l prov isions of Executive Order 11246 of September 24 , 1965 , and of the rules, regu lations, and relevant orders of th e Secretary of Labor . v. T he contractor will furnish all information and reports requi red by Executiv e Order 11 246 of September 24, 1965, and by ru les, regu lat ions, and orders of the Sec retary of Labo r, or pursuant thereto, and will permit access to h is books, records , and accounts by the administering agency and the Secretary of Labor for purposes of i nvestigation to ascert ain compliance with such rules, regu lations, and orders. vi. In the event of the contractor's noncompliance with the nond iscrim ina ti on clauses of this contract or with any of the said rules, reg ul ations, or orders, this contract may be canceled , terminated , or suspended in whole or in part and the contractor ma y be declared 21 inelig ible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executiv e Orde r 11246 of September 24 , 1965 , and such other sanctions may be imposed and remedies in v oked as provided in Executive Order 11246 of September 24 , 1965, or by ru le , regulation , or order of the Secretary of Labor , or as ot herwise provided by law. vi i. The contractor will inc lude the portion of the sentence immediately preceding paragraph (1) and the prov isions of paragraphs (1) through (7) i n every subcontract or purchase order unless exempted by ru les, regulations , or orders of the Secretary of Labor issued pursuant to section 204 of Executi ve Order 11246 of September 24 , 1965 , so that such prov isions w ill be bind ing upon each subcontractor or vendor. The contractor wi ll take such action with respect to any subcontract or purchase order as the admin istering agency may direct as a means of enforcing such provisions, includ ing sanctions for noncompliance: prov ided , howev er, that in the event a contractor becomes involved in , or is threatened with , litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the Un ited States to enter into such litigation to protect the interests of the Un ited States. b. The Sub-Recipient further agrees that it will be bound by the above equa l opportun ity clause with respect to its own employment practices when it part icipates in federally assisted constru ction work: provided, that if the applicant so participating is a State or local government, the above equa l opportun ity clause is not applicable to any agency, instrumental ity or subd ivision of such government wh ich does not parti cipate i n work on or under the contract. c. The Sub-Recipient agrees that it wi ll ass ist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the comp liance of contractors and subcontractors with the equal opportu nity clause and the rules, regulations, and relevant orders of the Secr etary of Labo r, tha t it wi ll furnish the admin istering agency and the Secretary of Labor such information as they may require for the superv ision of such compliance, and that it w ill otherwise assist the administeri ng agency in the discharge of the agency's primary responsibility for securing comp liance. d. The Sub-Recipien t further agrees that it will refrain from entering into any contract or contract modifica tion subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from , or who has not dem onstrated eligibility fo r, Government contracts and federally ass isted construction cont racts pursuant to the Executiv e order and will carry out such sanctions and penalties for violat ion of the eq ual opportun ity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II , Subpart D of the Executive order. In add ition , the Sub-Recipient agrees that if it fai ls or refuses to comply wit h these undertakings , the adm inistering age ncy may ta ke any or all of the foll owing actions: cancel, terminate, or suspend in who le or in part thi s grant (contract, loan, insu rance, guarantee); refrain from extend ing any further assistance to the S ub-Recipient under the program with respect to wh ich the failure or refund occurred unt il sat isfactory 22 assurance of future compliance has been received from such Sub-Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27)COPELAND ANTI-KICKBACK ACT The Sub-Recipient hereby agrees that, un less exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C . § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable , which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. ii i. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C. F.R. § 5.12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub-Recipient, w ith the funds authorized by this Agreement, enters into a contract that exceeds $100 ,000 and involves the employment of mechanics or laborers, then any such contract must include a prov ision for compliance with 40 U.S.C. 3702 and 3704 , as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C . 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions wh ich are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily avai lable on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub-Recipient , with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regu lations issued pursuant to the Clean Air Act (42 U .S.C . 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report v iolations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 23 (30)SUSPENSION AND DEBARMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters Into a eontract, then any such contract must Include the following provisions: I. This contract Is a covered transact/on for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000, As such the contractor Is required to verify that none of the contractor, Its principals (defined at 2 C.F.R. § 180.995), or Its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). II. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must Include a requirement to comply with these regulations In any lower tier covered transaction It enters Into. iii. This certification Is a material representation of fact re/led upon by the Division. If It Is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, Jn addition to remedies av al/able to the Division, the Federal Government may pursue available remedies, Including but not Jim/led to suspension and/or debarment. Jv, The bidder or proposer agrees to comply "'1th the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer Is valld and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to Include a provision requiring such compliance In Its lower tier covered transactions. (31)BYRD ANTI-LOBBYING AMENDMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters Into a contract, then any such contract must Include the following clause: Byrd Anti-Lobbying Amendment, 31U.S.C,§1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that It will not and has not used Federal appropriated funds to pay any person or organization for Influencing or attempting to Influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress In connection with obtaining any Federal contract, grant, or any other award covered by 31 U,S,C. § 1352, Each tier shall also· disclose any lobbying with non· Federal funds that takes place In connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure goods or seivlces, then, In accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following 24 CID affirmative steps to assure that minority businesses , women's business enterprises, and labor surplus area firms are used whenever possible: I . Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; i ii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance , as appropriate, of such organ izations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requir ing the prime contractor , if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of th is subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the sol icitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c . The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub-Recipient must take; the requirements do no t preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requ irement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses , and women 's business enterprises, does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent the micro-purchase or smal l purchase thresho lds so as to utilize streamlined acquisition procedu res (e .g. "project splitting "). (33)ASSURANCES The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment C. 25 IN WITN ESS W HEREOF , the parties he reto have executed this Agreement. SUB -RECIPIENT: Collier County BOCC By : Name and Title: ' Burt L. Saunders " Chairman Date: \ \ \ "'! \ ~02.Q ' ~ Name and Title: Jared Moskowitz, Director Date : Approved as to form and legality 26 EXHIBIT-1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Prog ram Federa l agency: Federal Emergency Management Agency : Hazard Mitigation Grant Catalog of Federal Domest ic Assistance title and number: 97.039 Award amount: $187,500.00 T HE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requ irements for Federal Awards • The Robert T . Stafford Disaster Re lief and Emergency Assistance Act, Public Law 93-288 , as amended, 42 U.S.C. 5121 et seq., and Related Authorities Sections 1361 (A) of the National Flood Insurance Act of 1968 , 42 U.S.C . 4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Pub lic Law 108-264 • 31 CFR Part 205 Rules and Procedures for Funds Transfers Federal Program : 1. Sub-Recipient is to use funding to perform the following eligible activities: • Localized Mi no r Dra inage Improvement 2. Sub-Recipient is subject to all administrative and financial requi rements as set forth in th is Agreement, or will be in violation of the terms of the Agreement. 27 ST ATEM ENT OF P URPOSE : Attac hment A Budg et and Sc ope of Work The purpose of this Scope of Work is to improve drainage with in the Gordon River Basin in Naples, Collier County, Florida, funded through the Hazard Mitigation Grant Prog ram (HMGP) DR -4 337 -30 5-R , as approved by the Florida Di v ision of Emergency Management (Division) and the Fede ra l Eme rgency Management Agency (FEMA). The Sub-Recipient , Col lier County BOCC , shall conduct Phase I of thi s proj ect, which includes the pre lim inary eng in eering designs and calculations, surveys, permitting , and notices. No construction act iviti es are approved at th is time. The Sub-Recipient shall complete the Phase I work in accordance with all applicable federa l, state and loca l laws, regu lations and codes. P ROJECT O VERVI EW: As a Hazard Mitigation Grant Program project , the Sub-Recipient , Collier County BOCC , proposes to improve the drainage within the Go rdon River Bas in located in Naples, F lorida, 34 105. Coord inates (26 .173296, -8 1.784554 ). The scope is for Phase I on ly; which includes but is not limited to suNeying , engineering , des ig n, plans prepa ration, pe rmi tting and bidding for the proposed project, fo r Ph ase II approval. No construct ion activit ies for th i s pr oj ec t have been approved . When completed, the Sub-Recipient sha ll provide del iverables for Phase II revi ew of the fo llowing proposed activities . The Phase II proposed project shall replace the smaller existing AM IL gated water control structure with a larger adaptive water control structure tha t wil l al low operational flexibi lity to adjust the fl ow of water affecting the entire Basi n. This is necessary to help m iti gate the flooding of ne ighborhood commun ities and protect the resi dents from suffering further loss through flood damages like those they have expe ri enced in the past. The project shal l be designed to provide protection aga inst a 50 -year storm ev en t. Act iv ities shall be completed in strict compliance with Federa l, State and Loca l applicable Rules and Regu lations . T ASKS & D ELIVE RA BLES: A) T as ks: 1) The Sub-Recipient shall procure the services of a qual ified and licensed Flori da contractor and execute a contract with the selected bidder to complete the Ph ase I scope of work as approved by the Div isi on and FEMA. The Sub-Recip ient shall se lect the qua lified, lic ensed F lorida cont ractor in accordance with the Sub-Rec ipient's procurement po licy as well as all federa l and state laws and regulations. All procurement activities shall conta i n sufficient source documentation and be in accordance with all applicab le regulations . The Sub-Recip ien t and contractor shall be responsib le fo r mai ntain ing a safe and secure worksite for the duration of the work. The contracto r shall main tain all areas In a neat and prese ntable con dition. The Sub-Recipient sha ll ensure tha t no contractors or subcontractors are debarred or suspended from participating in federally funded projects. 28 .@ The se lected contractor shall have a current and valid occupational license/business tax receipt issued for the type of serv ices being performed. The Sub-Recipient sha ll provide documentation demonstrating the resu lts of the procurement process. This sha ll include a rat ionale for the meth od of procurement and selection of contract type , co ntractor selection and /or rejection and bid tabul ation and listi ng, and the bas is of contract price . The Sub-Recipient shall provide an execute d "Debarment, Suspension, Ineli gibi lity, Voluntary Exclusion Form " for each contractor and/or subcontractor perfor ming services under th is agreement. Executed contracts with contractors and/or subcontractors sha ll be provided to the Division by the Sub-Recipient. The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform serv ices. The Sub-Recipien t shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected cont ractor . 2) The Sub-Recipient shall monitor and manage the Phase I portion of this project in accordance wi th the Hazard M itigation Grant Program app lication and supporting documentation as subm itted to the Div i sion and subsequently approved by the Division and FEMA. The Division and FEMA shall render a Phase II determination upon comple tion of the review of Phase I deliv erables . No co nstru ction activities are approved at this tim e . T he Sub-Reci pient shall ensure th at all applicabl e state , local a nd federal laws and regu lat io ns are followed and documented , as approp ri ate . Phase I consists of fees ; for conducting survey , drainage study , e ng ineering, design , public notices, and/or permitting associated with the modification(s) needed to upgrade the drainage . Verification of upstream and downstream impacts shall be necessary fo r determ ini ng proj ect e li gibility . Al l Phase I work shall be completed in accordance with all applica ble state, local and federal laws and regulations and documented, as appropriate. Upon completion of Task 2, the Sub-Recipient shall submit the following documents w ith suffi cient supporting documentation , and provide a summary of all scope of work changes, if any. a) Two sets of eng ineering Signed/Sealed fi nal design and analysi s, surveying , and Hydrologic and Hydraulic (H &H ) Studies. b) Constr uction Plans and bid documents. c) Revised cost estimate for Phase II -construction (incl ude Phase I costs), to implement the design project. d) Design documents shal l prov ide a detailed description wh ich in cludes specific s on pr oject scope of work , depth and extent of ground disturbance at all construction locati ons of the project. e) Color maps includi ng topographical , aerial , and ground disturbance. f) Color photographs of the project area and areas of ground disturbance. g) Copy of all environmental permits or ap plications; any obta ined from the Florida Department of Environme nt al Protection (FDEP), and/or local Water Management District (WMD) shall be required. Any conditions for compliance shal l be included in the fina l design plans, na rra ti ve and project implementation actions. h) Copy of the Uni ted States Army Corps of Engineers (USAGE) perm it or No Permit Requi red not ification . i) Any other documentation requested by the Division , not l imi ted t o Project Condition s and Requi rements herein. 3) During the course of th is agreement the Sub-Recipient shall submit requests for reimb ursement. Adequate and complete so urce documentation sha ll be subm itt ed to s upport a ll costs (federal share and local share) related to the project. In some cases , all project acti v ities may not be fully complete 29 prior to requesting re imbursement of costs incu rred in completion of t his scope of work ; however, a partia l reim bursement may be requested . The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project pe rso nne l with each reimbursement request attesting to the completion of the work, that disbursements or payme nts were made in accordance with all agreement and regulatory cond itions, and t hat reimbursement is due and has not been previously requested . The Sub-Recipient shall maintain accurate time records . The Sub-Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and time lines of this agreement. All supporting documentation shall agree with th e requested bil ling period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to : cancelled checks, bank statements , Electronic Fu nds Transfer, paid bills and invoices, payrolls, time and attendance records , contract and subco ntract award documents . Direct Expenses: The Sub-Recipient shall pre-audit bi lls, invoices, and /or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, andfor charges. Sub-Recipient shall ensure that all contractor/subcontractor bi ll s , invoices, andfor charges are legit imate and cl early Identify the activiti es bei ng performed and associated costs. Project Management Expe nses: The Sub-Recipient shall pre-aud it source documentation such as payro ll records, project time sheets , attendance logs , etc. Docu m entation shall be detai led information describing tasks performed, hours devote d to each tas k, and the hourly rate charged for each hour includi ng enough information to calculate the hourly rat es base d on payroll re cords. Employee benefits sha ll be clearly shown. The Div ision shall review all submitted requests for reimbursement fo r basic accu racy of information . Further, the Division shall ensure that no unauthorized work was comple ted prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify t hat report ed costs were incurred in the performance of eligible work , that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to process ing any requests for reimbursement. Review and approval of any th ird party in-kind serv ices , if applicable , shall be conducted by th e Division in coord ination with the Sub-Recipient. Quarterly reports shall be subm itted by the Sub-Recipient and received by th e Divi sion at the times provided in this agreement pri or to the processing of any reimbursement. The Sub-Recipient shall submit to the Division requests for reimbursement of actual P)1ase I costs re lated to the project as identified in the project app lica tion and this scope of work. The Requests for Re imbursement (RFR) shall include : a) Contractor, subcontractor, and/or vendor invoices wh ich clearly display dates of services performed, description of services performed, location of services performed, cost of se rvi ces performed , name of service provider and any other pertinent information ; b) Proof of payment from the Sub -Recipient to the contractor, su bc on trac tor, and/or vendor for invoiced services ; c) Clear identification of amount of costs being requested for reimbursement as wel l as costs being applied against the local match amount. The Sub-Recipient's Request for Reimbursement shal l inclu de the final Phase I project cost. Supporting documentation shal l show that all contra ctors and subcontractors have been paid. 30 8) Deliverables : M itigation Acti v ities c onsist of Phase I activities, which include en gineering , designing, plans pre parat ion , perm itting and bidding for the proposed project , for Phase II approval , and to Implem en t measures to improve t he drainage within the G ordon River Basin located in Nap les , Florida , 34105. T he designed proj ect sha ll provide protection against a 50-year storm event. Provid ed the Sub-Recipient performs in accordance with the Scope of Work outlined in this Agreement , the Division shall rei mburse the Sub-Recipient based on the percentage of overall project compl etion . PROJECT CONDITIONS AND R EQUIREMENTS : C) Engineering: 1) The Sub-Recipient shal l submi t signed and sealed Engi neering plans that clearly show the engineer's estimate of the pre and post-mitigation effects of the proposed project and th e relationship of the damages to be m iti gated (com mensurate w ith the level of funding reques ted). T he H&H study shall con tain at least 3 scenar ios, where one represents the level of protection ; under each scenario , the Sub-Re cipient must identify the losses before and after mi tig ati on (st ructural , content , displacement, road closu re du ration, or any other needed to show the im provements afte r the mitigation proj ect is im plemented). This includes, but is not limit ed to , the existing and proposed hydrology and hydrau lics for the level of eve nt be ing m itigated. 2) De monstrate mitigation effectiveness, in part, by showing the p hysical location(s) an d elevation(s) of the infra struct ure /structures that are being damaged and FEMA Special Floo d Hazard Areas on t he same plan . 3) Subm it a refin ed cost estimate , to include final Phase I Fee s and Phase Ii Construction Materials and Labor. D) Environmental: 1) Any change to the app roved scope of work shall req uire re-eva luation for compl ia nce with NEPA and othe r Laws and Executive Orde rs. 2) Acceptance of federa l funding requi r es the Sub -Recipient to comply with all fede ral , state , and local laws. Fa ilure to obta in all app ropriate fe der al , state , and local env ironmental permits and clearanc es may jeopa rd ize federal f unding . 3) Meet all required En vironmental laws and policies, and all necessary Envi ronmenta l compliance documents sha ll be obtained as applicable. a) United States Army Corps of Engi neers (USACE): Co nsultat ion w ith th e USAGE is requ ire d. A permit or No Permit Requ ired shall be su bm itted . b) Copy of all enviro nment al permits or app lications; any obta i ned from the Flori da Depa rtm ent of Environmental Protectio n (FDEP), and/or local Water Management District (WMD) shall be submitted. Any conditions for compliance shall be included in the final design plans, narrative, and project implementation actions . 4) Historical Preservation compliance documents shall be obtained. Rev i ew documentation r equired: a) Color maps including topograph ica l and aerial with th e project location clearly marked . b) Color photo graphs of any area with ground disturbance (electronic). c) Indicate if project site is located within a designated historic district or histo ric ne ighborhood. 5) Tribal Consu lta ti on sha ll be r equ ired fo r proposed ground disturbing activ iti es. T he fo ll owing documents shall be required and submitted as part of deliverables: 31 ;(• -)" · I r. \ . ._,_..!. a) Color ground disturbance maps showing the full extent of the proj ect footprint and depth of ground disturbance. Geographic latitude/longitude (decimal degree format) of the proposed construct ion areas and staging areas . b) Previous and current use of proposed project area. c) Any known site work or historic uses for the proposed location. d) Any available stud ies that may have taken place on the property. 6) Phase I of this project is approved with the condition that the above list of deliverables sha ll be submitted for rev iew and approval by the Division and FEMA before Phase II is cons idered. 7) No construction work may begin until Phase II is approved by the Division and FEMA. E) Programmatic: 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub-Recipient must notify the Division as soon as significant developments become known , such as delays or adverse conditions that might raise costs or delay completion , or favorable cond iti ons allowing lower costs or earlier completion. 3) The Sub-Recipient must "obtain prior written approval for any budget re v ision which wo uld resu lt in a need for additional funds" [44 CFR 13(c)), from the Division and FE MA. 4) Phase I -Design of this project is approved with the condition that the enclosed list of deliverab les shall be subm itted, 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA before Phase II -Construction is considered. 5) A Public Notice shall be published to notify interested parties of the proposed activity. Notices shall be published in a manner that anyone that may be affected or interested in this project has access to the posting , us ing the Division template , as applicable. 6) Any extens ion of the Period of Performance shall be subm itted to FEMA 60 days prior to the expiration date. Therefore , any request for a Period of Performance Extension sha ll be In writing and subm itted , along with substantiat ion of new expiration date and a new schedu le of work, to the Division a minimum of seventy (70) days prior to the expi r ation date, for Divi sion processi ng to FEMA. 7) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 8) When Phase I is completed , the Sub-Recipient must provide 100% comp leted des igns, ca lculations, a f ull set of signed and sealed plans and , permits for a Phase II review. A fina l BCA using developed technical data and study results will take place. The data inputs to the final BCA for Phase II approval, must be based on the inpu ts and outputs of a hazard related study such as eros ion, Hydrau lic & Hydrolog ic study, damage calculations, roa d closures, etc. No assumptions or historica l damage will be acceptable for final BCA of Phase II approval. No construct ion activities for th is project have been approved. 9) The Sub-Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. This is FEMA project number 4337-305-R. It is funded under HMGP, FEMA-lrma-DR-FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Ope rational Agreement for Disaster 4337. FEMA awarded this project on September 27 , 2019; th is Agreement sha ll beg in upon execution by both parties, and the Period of Performance for th is proj ect shall end on November 30, 2020. 32 F) FINANCIAL CONSEQUENCES: If the Sub-Recipien t fail s to comply with any te rm of the award, the Divi sion shall take one or more of the following act io ns , as approp ri ate in the circumstances : 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient ; 2) Disa llow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub-Recipient's program; 4) Withho ld further awards for the program; or 5) Take other remedies th at may be legally ava ilable. Schedule of Work Phase I - State & Local Contracting : 2 Months H & H Study: 3 Months Engineering Design Speci fications: 4 Months Permitting I Survey: 2 Months De l iverables Submitted for Phase II Review: 1 Mo nth Total Period of Performance: 12 Months BUDGET Line Item Budget• Project Cost Federal Share Non-Federal Share Materials: $0 .00 $0.00 $0 .00 Labor: $0.00 $0.00 $0 .00 Fees: $250,000.00 $187 ,500.00 $62,500 .00 Initial Agreement Amount: $250,000.00 $187,500.00 $62,500.00 •••contingency Funds: $0.00 $0.00 $0.00 ProJect Total: $250,000.00 $187,500.00 $62,5 00.00 •Any line item amount in this Budget may be increased or decre ased 10% or le ss, with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the fu nds obligated under this Agreement is not increase d . ... This project has an estimated $0.00 in contingency funds. Per FEMA Hazard M itigation Assistance Guidance Part VI, D.3.4 -Contingency funds are not automatically avalfable for use. Prior to their release, contingency f unds mus t be re -budgeted to another direct cost category and identified. Post-a ward changes to the budget require prior written approval from the Division (FDEM). The written request sh ould demonstrate what un for eseen condition re la ted to the project arose that required the use of con tingency f unds. Project Management costs are included f or this project in the amount of $0. 00 33 Funding Summary Federal Share: Non-Federal Share: Total Project Cost: $187,500.00 $62,500 .00 $250,000.00 34 (75%) (25%) (100.00%) Attachment B Pro gram Statutes and Regulations The parties to this Agreement and the Hazard Mi ti gation G r ant Prog ra m (HMGP) are general ly governed by the fo ll owing stat utes and regulations : (1) The Robert T. Stafford Disaster Re li ef and Emergency Assis tance Act ; (2) 44 C F R Parts 7, 9, 10, 13 , 14 , 17, 18, 25, 206, 220, and 221, and any other appl icable FEMA pol icy memoranda and guidance documents; (3) State of Florida Adm inistrative Plan for the Hazard Mitigation Grant Pro gram ; (4) Hazard Mitigat ion Assistance G ui d ance-Feb ru ary 27, 20 15 Updat e; and (5) All app licable laws and regu lations deli neate d in Attachment C of th is Agreement. In addition to the above statutes and regulations , the Sub-recipient must comply with the following: The Sub-recipient shall ful ly perform the approved hazard mitigation project , as descri bed in the Appl ication and Attachment A (Budg et and Scope of Work) attached to t his Agreemen t, in accordance with approved scop e of work indi ca ted therein , the estimate of costs indic ated therein , the alloca tion of funds indicated the re in , and the te rms and condi tions of this Agreement. The Sub-reci pient shall not deviate from the app roved project and the terms and condi tions of t his Agreement. T he Sub-recipien t shall comp ly wit h any and all applicable codes and sta ndards in perform ing work f unded unde r this Agreemen t, and sha ll prov ide any appropriate maintenance and security for t he proj ect. Any development permi t issued by , or development activ ity undertaken by, the Sub-recipient and any land use permitted by or engaged in by the Sub-recipient , shall be consistent with the local comp rehensive plan and la nd developm en t reg ulations pr epared and adopted pu rsuant to Chapter 163, Part ll, Florida Statutes. Funds sha ll be expended for , and development activiti es and la nd uses au thorized for , only those uses which are pe rmi tted u nder the compr ehe nsive plan and la nd developm ent regu lat ions. The Sub-rec ipient shall be responsible for ensuring that any developme nt permit Issued and any development activity or land use undertaken is, where applicable, al so authorized by the Wate r Management District , the Florida Departme nt of Environmental Protection , the Florida Department of Health , the Florida Game and Fish Comm iss ion, and any Federa l, State, or loca l envi ronmental o r land use permitti ng au thori ty, whe re req uired . The Sub-recipient agrees that any repair or co nstruction shall be in accordance with applicable standards of safety, decency, and san it at ion, and in confo rmity with applicable codes , specifications and standards. The Sub-recipien t will provide and mai ntain competent and adequate eng inee ri ng su perv ision at the constructi on site to ensure that the comp le ted work conforms w ith the a pproved plans and speci fi ca tions and will furnish progress reports and such other Information to HMGP as may be required. If th e haza rd mitigation project described in Attach ment A includes an acqu isition or relocation proj ect , then the Sub-re cip ient shall ensure that , as a condition of funding un de r this Agreem ent , the owner of the affected real property shall record in the public records of th e county where It Is located the following covenants and restrictions, wh ich shall run w ith and app ly to any p rop e rty acquired, accepted, or fr om wh ich a structure will be re m oved p ursu an t to the proj ect. (1) T he property w ill be ded icated and maintai ned in perpetuity for a use that Is compatible with open space, recrea tiona l, or we tl ands management pract ices; 35 (2) No new structure will be erected on property other than: a. a public facility that is open on all sides and functionally related to a designed open space; b . a restroom; or (3) A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure ; (4) After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and (5) If any of th.ese covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns , and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional Director written determination of cost overrun eligibi lity. Cost overruns shall meet Federal regulations set forth in 44 CFR 206.438(b). The Nationa l Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Sub-Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participat ing in the NEPA process. As a reminder, the Sub-recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: (1) For Construction projects, the grantee must "obtain prior written approval for any budget revis ion which result in a need for additional funds" (44 CFR 13(c)); (2) A change in the Scope of Work must be approved by FEMA in advance regardless of the budget implications; and (3) The Sub-recip ient 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 favorab le conditions allowing lower cost or earlier comp letion. Any extensions of the period of performance must be subm itted to FEMA sixty days prior to the project expiration date. The Sub-recipient assures that It will comply with the following statutes and regulations to the extent appl icable: (1) 53 Federal Register 8034 (2) Federa l Acquisition Regulations 31 .2 (3) Section 1352 , Title 31, US Code (4) Chapter 473, Florida Statutes (5) Chapter 215, Florida Statutes (6) Section 768.28 , Florida Statutes (7) Chapter 119, Florida Statutes (8) Section 216 .181(6), Florida Statutes (9) Cash Management Improvement Act of 1990 (10) American with Disabilities Act (11) Section 112.061, Florida Statutes (12) Immigration and Nationality Act (13 ) Section 286 .011, Florida Statutes 36 (14) 2 CFR , Part 200 -Uniform Administrative Requirements , Cost Principles, and Audit Requ ire ments for Federal Awards (15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (16) T itle I of the Omnibus Crime Control and Safe Streets Act of 1968 (17) Juvenile Justice and Del inquency Prevention Act, or the V ict ims of Crime Act (18) Omnibus Crime Control and Safe Streets Act of 1968, as amended (19) Victims of Crime Act (as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (21) Subtitle A, Title ii of the Americans with Disabilities Act (A DA) (1990) (22 ) Department of Just ice regu lations on disability discriminat ion, 28 CFR , Part 35 and Pa rt 39 (23) 42 U.S.C. 5154a 37 Attac hment C Stat emen t o f Assu ran ces To the ex tent the following provisions apply to this Agreement, the Sub-recipient certifi es t hat: (a) It possesses legal au thority to enter into this Ag reement and to carry out the proposed program; (b) (c) Its govern ing body has duly adopted or passed as an officia l ac t of reso lution, motion or similar action authorizing the execution of the hazard mit igation agreemen t with the Division of Emergency Management (DEM), in cluding all understandings and assurances contained in it, and directing and autho ri zing the Sub-recipient's chief ad ministrative officer or designee to act in connection with the app lication and to provide such additional information as may be req ui red ; No member of or de legate to the Congress of the United States , and no Resident Comm issioner, shall rece iv e any sha re or part of this Agreement or any benefi t. No member, officer , or employee of the Sub-recipient or its designees or agents, no member of the govern ing body of the locality in which th is program Is s ituated , and no other public offic ial of the locality or loc alities who exercises any functions or responsib ilities with respect to the program d uring his tenu re or for one year after , sha ll have any Interest , d ir ect or in direct, in an y cont rac t or subco ntract, or the proceeds , for work be performed in connect io n with the program assist ed under th is Agreement. The Sub-recipient sha ll incorporate , in all contracts or subcon tracts a provisio n proh ibiti ng a ny i nterest pursuant to the pu r pose stated above ; (d) All Sub-recipient contracts fo r which the State Legisla ture is in any pa rt a funding source, sha ll contain language to provide for termination with reasonable costs to be pa id by the Sub -recipi ent for eligible contract work completed prior to the date the notice of suspe nsio n of funding was r eceived by the Sub -recipient. Any cost incurred after a notice of sus pension or term ination is received by the Sub-recipient may not be funded with funds provided under this Agreement unless previously approved In writing by the Division . All Sub-re cipient contracts shall contain provisions for term ination 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 labore rs (incl udi ng watchmen and gua rd s) employed on fede rally assisted contracts be pa id wages of not less than one a nd one-ha lf times their basi c wage rates for all hours worked in excess of forty hours in a work week; and (2) Federa l Fa ir Labor Standa rds Act, 29 U.S.C. Section 201 et seq ., requ iring tha t covered employees be paid at least minimum presc ri bed wage, and also that they be pa id one and one-half times their basic wage rates for all hou rs worked in excess of the prescribed work -week. (f) It will comply with (1) Title VI of the Civ il Rights Act of 1964 (P .L. 88-352), and the regulations iss ued pursuan t thereto , which provides th at no person in the United States sha ll on th e grounds of race, color, or national origin, be excluded from participation In, be denied the bene fits of , or be otherwise subjected to discrimina ti on un der any program or act ivity for which the Sub- recipient rece ived Federal financial ass istance and will immediate ly take any measures necessary to effectuate this assurance. If any real property or struct ure thereon is prov ided or improved with the aid of Fede r al financial assistan ce exten ded to the Sub- recipient, th is assurance shall ob ligate the Sub-recipient , or in the case of any transfer of such property , any transferee , for the pe rio d during wh ich the re al prope rty or structure is 38 ;r:'\ \ .. 'r.{) I I' I I I 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 bas is of age under the Age Discrim ination Act of 1975, as amended (42 U.S .C. 6101-6107 ) wh ich p rohi bits di s crimination on the bas is of age or with respect to otherwise qua lifi es han dicapped individual s as provided In Section 504 of the Rehab ilitation Act of 1973 ; (3) Execut ive Order 11246 , as amended by Executive Orders 11375 and 12086 , and th e regulations issued pursuant thereto, wh ich provide that no person shall be discriminated against on the bas is of race , color, rel igion, sex or national origi n in all phases of employment during the performance of federal or federa lly assisted construction contracts ; affirmative action to insure fai r treatment in employment, upgrading , demotion, or transfer ; rec ruitment or recruitment adverti sing; layoff/termination, rates of pay or other forms of compensat ion ; and election for training and app rentices hip; (g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire fo r private ga in for themselves or others, particularly those with whom they have family, busi ness , or other ti es pursuant to Section 112 .313 and Section 112.3135, Florida Statutes; (h) It will comply with the Anti-Kickback Act of 1986, 41 U.S .C . Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activ it ies ; (i) It wil l comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act) wh ich limits the political activities of employees; U) It will comply with the flood in surance purchase and other req uirements of the Flo od Disaster Protection Act of 1973, as amended , 42 U.S.C . 4002-4107, inclu di ng requ irements regarding the purchase of flood Insuranc e in communities where such insurance Is avai lable as a condition for the recei pt 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 ass istance loan or gra nt, or any other form of direct or indirect Federal assistance; For sites located wi th in Special Flood Haza rd Areas (S FHA), the Su b-recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the ti tle holder with the closeout request verifying that certain SFHA requi re ments were satisfied on each of the properties. The Model Acknowledgement can be found at www.fema.gov/governmenta /granUsfha_cond itions .shtm (k) It will req uire every build in g or facil ity (other than a privately owned residential st ructure) designed, constructed, or altered with funds provided under this Agreement to comply w ith t he "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type build ings and Appendix A to 24 CFR, Part 40 for residential structures. The Sub- recipient will be responsible for conducting inspection s to ensu re compl iance w ith these specificat io ns by the con tractor; (I) It will , in connection with its performance of envi ronme ntal asse ssments 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 Archaeologica l and Historical Data Act of 1966 (16 U.S.C . 469a-1 , et seq.) by: (1) Consu lting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Pla ces that are subj ect to adve rse effects (see 36 CFR , Section 800 .8) by the proposed act ivity; and 39 ,,.. ·, ((' \ I I I \. ,, 1} . ,, (2) Complying w ith al l requirements established by the State to avoid or mitig ate adverse effects upon such properties . (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic P re servation Act (NHPA), 16 U.S.C. 470(f), and implemen ting regulations i n 36 CFR , Part 800. (4) When any of the Sub-recipient's projects funded under this Agreement may affect a hi storic property , as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency Management Agency (FEMA) may require the Sub-recipient to review the eli gible scope of work in consultatio n with the State Historic Preservation Office (SHPO) and suggest methods of repa ir or constructi on that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guldellnes for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeologlcal Documentation (Guldellnes) (48 Federal Register 44734-37 ), or any other applicable Secretary of Int erior standards. If FEMA determines that the eligib le scope of work will not conform with the Standards, the Sub-recipient agrees to participate in consu ltations to deve lo p , and after execution by all parties, to abide by, a written agreement that establ ishes mitigation and recondition measures, incl uding but not limi ted to, impacts to archeological sites, and the sa lvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) The Sub-recipient agrees to notify FEMA and the Div ision if any project funded under this Agreement will involve ground disturbing activities, including, but not li mited to: subsurface disturbance; removal of trees ; excavation of foot ings and foundations, and installation of utilities (s uch as water, sewer, storm drains, electrica l, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or mainten ance of such utilities. FEMA will request the SHPO's opinion on the potential that archeolog ical properties may be present and be affected by such activi ties. The S HPO will ad vi se the Sub-recipient on any feasible steps to be accomplished to avoid any National Reg i ster el igible archeological property or will make r eco mmendations for the developm ent of a treatment plan for the recovery or archeolog ica l data from the property. If the Sub-recipient is unable to avoid th e archeological property , dev elop, in consu ltat ion with SHPO , a treatment plan consistent with th e Guidelines and take into account the Adviso ry Council on Historic Preservation (Counci l) publication "Treatment of Archeolog ical Properties". The Sub-recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council fo r rev iew. If the SHPO and the Council do not object within 15 calendar days of receip t of the treatme nt plan, FE MA may direct the Sub-recipient to implement the treatment plan. If eithe r the Council or the SHPO object, Sub-recipient shall not proceed with th e project until the objection Is resolved. (6) The Sub-recipient sha ll notify the Division and FEMA as soon as practicable : (a) of an y changes in the approved scope of work for a National Reg ister eli gible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modi fy a HMGP project for a National Register eligible or listed property ; (c) if it appears that a project funded under th is Agreement will affect a previously unidentified property that may be eligible for incl us ion in the Nat ional Reg ister or affect a known historic property in an unanticipated manner. T he Sub-recipient acknowledges th at FEMA may require the Sub- recipient to stop construction in the vici nity of the discovery of a previously unidentified property that may eligible for Inclusion in the National Reg is ter or upon learning that construction may affect a known historic property in an unanticipated m anner. T he Sub- recipient further acknowledges that FEMA may requ ire th e Sub -recipi ent to take all 40 ....... /(' ( I _.! reasonable measures to avoid or minimize harm to such property until FEMA concludes consultat ion with the SHPO . The Sub-recipient also acknowledges t hat FEMA will require, and th e Sub-recip ie nt shall comp ly with, mod ificat ions to the project scope of work necessary to impl ement recommendations to address th e proj ect and the prope rty . (7) The Sub-rec ip ient acknowledges that , unless FEMA specifically stipu lates othe rwise, it shall not receive fund in g for projects when, with inten t to avoid the req u i rements of the PA or the NHPA, the Sub-rec ipient intentionally and significantly adversely affects a historic property , or having t he legal power to prevent it, all owed such sig nificant ad v erse effect to occur. (m) It will comply with Title IX of the Ed ucation Amendments of 1972 , as amended (20 U.S.C. 1681- 1683 and 1685-1686) which proh ibits discrimination on the basis of sex ; (n) It will comply with the Comprehensive Alcoho l Abuse and A lcoholism Prevention, Treatment and Re habilitation Act of 1970, (42 U.S .C. 4521 -45 -9 4) relating to no nd iscri min ation on th e basis of alcohol abuse or alcoholism ; (o) It will comp ly with 523 and 527 of the Pub li c Health Serv ice Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3 ), as amended , relating to confidentiality of alcohol and d rug abu se patient records; (p) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C. 4821 et se q.) wh ich prohibits the use of lead based pa int in construction of rehab ilitation or residential structures ; (q) It will comply with the Energy Pol icy and ConseNation Act (P .L. 94-163 ; 42 U.S.C. 6201-6422), and the prov isions of the State Energy Conservation Plan adopted pursuant the reto ; (r) It wil l comply with the Laboratory Animal Welfare Act of 1966, (7 U .S.C . 2131-2159), pertaini ng to the care, handl ing, and treatment of warm bloo de d an im als held for research , teaching, or other activities supported by a n award of assistance under this Agreem ent ; (s) It will com ply with Title VIII of the Civil Rights Ac t of 19 68 , (42 U .S.C 2000c and 42 U.S.C. 3601- 3619), as amended, relating to non-discri mination i n the sale , re ntal , or financing of housing , and T itle VI of the Civil Rights Act of 1964 (P.L. 88-352), which pro hibits discrim ination on the basis of race, color or national origin; (t) It wi ll comply with the Clea n Air Act of 1955 , as am ended , 42 U.S.C. 74 01-7642; (u) It will comply with the Clea n W ater Act of 1977, as amended , 42 U.S.C. 7419-7626 (v) It wi ll comply with the endangered Speci es Act of 1973, 16 U.S.C . 1531-1544 ; (w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; (x) It will assist the award ing agency in assuring compliance with the Nation al Historic Prese rv ation Act of 1966 , as amended , 16 U .S.C. 270; (y) It wil l comply with en viron mental standa rds which may be prescrib ed pursuan t to the Nationa l Environm ental Policy Ac t of 1969, 42 U.S.C. 4321-4347; (z) It will assist the awarding agency in assuring compliance with the Preservation of Archeo logical and Historica l Preservation Act of 1966, 16 U.S.C . 469a , et seq .; (aa) It will comply with the Rehab ilitation Act of 1973 , Section 504, 29 U.S.C. 794, regarding non - discrimination ; 4 1 1( \ \. f,) (bb) It will comply w ith the environmental standards which may be prescribed pursuant to the Safe Drink ing Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of unde rground water sources : (cc) It will comply with the requirements of Titles II and Ill of the Un iform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U .S.C . 4621 -4638 , which provide for fair and equitable trea tm en t of persons displaced or whose property is acquired as a resu lt of Federal or Federally a ssisted programs: (dd) It will comply with the Wild and Scen ic Rivers Act of 1968, 16 U.S.C. 1271 -1287, related to protecting components or potentia l components of the national w il d and scenic rive rs system ; (ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating faci lities); EO 11988 (Floodpl ain Management); EO 11990 (Wetlands): and EO 12898 (Env ironmental Justice); (ff ) It will comply with the Coasta l Barri er Resources Act of 1977, 16 U.S.C. 351 O; (gg) It will assu r e project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451 -1464; and (hh) It will comply with the Fish and Wildl ife Coordination Act of 1958, 16 U.S.C. 661 -666. (ii) With respect to demolition activities , it will: (1) Create and make ava il able documenta tion sufficient to demonstrate that the Sub- 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) Furn ish docu mentati on of all quali fi ed personnel, licenses and all equ ipment necessary to inspect bu ildi ngs located in the Sub-rec ipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirem ents of the U.S. Env ironmental Protect ion Agency, the Florida Departme nt of Env iron mental Protect ion and the County Hea lth Department. (4) Provide documentation of the inspe ctio n resu lts for each structure to ind icate: a. Safety Hazard Present b. Health Hazards Present c. Hazardous Materials Present (5) Prov ide supervision over contracto rs or emp loyees emp loyed by the Sub-recipie nt to remove asbestos and lead from demolished or otherwise appl icable structu res. (6) Leave the demolished site clean , level and free of debri s. (7) Notify the Division promptly of any unusual existing condition which ha mpers the contractor's work. (8) Obta in all required pe rmits. (9) Prov ide addresses and marked maps for each site whe re water well s and septic tanks are to be closed along with the number of well s and septic tanks located on each site . Prov ide do cumentation of closures. (1 O) Comply with mandatory standards and policies relating to energy efficiency wh ich are contained in the State Energy Conservation Plan issued in c ompliance w ith the Energy Policy and Conservation Act (Public Law 94-163). 42 <."·-.) H ' \ f/. "'--.9 (11) Comply with all applicable standards, orders , or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S. C. 1857h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 , and th e U.S. E nv ironmental Protecti on Agency regulations (40 CFR, Part 15 and 61). This clause shall be added to any subcontracts. (12) Provide documentation of public notices for demolition activ ities. 43 ;(,'·. \ 1. l '-.S I SUB-RECIPIEN T: REMIT ADDRESS: CITY : Naples PROJECT TYPE: Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS Collier County BOCC Localized Minor Drainage Improvement STATE: FL ZIP CODE : ------ PROJECT#: 4337-305-R PROGRAM : Hazard Mitigation Grant Program CO NTRACT#: H0379 APPROVED BUDGET: ------FEDER AL SHAR E: -----MATCH : ADVANCED RECEIVED : NfA AMO UNT : SETILED? 34112 --------------- Invoice Period: To -----Payment#: El igible Amount Obl igated Federal Obl igated Non-Division Use Only 100% Amount Federa l (Current Req ue st) --1§_% -1..§_% Approved Comments TOTAL CURRENT REQUEST: _$'------ By signing this report , I cert ify to the best of my knowledge and bel ief that the report is true, comp lete , and acc urate , and the expendi tures , disburse ments and cash receipts are for the purposes and objectives set fort h in the te rms and con ditions of the Federa l award . I am aware that any false , fictitious, or fraudu lent inform atio n, or the omission of any ma terial fact, may subject me to criminal , civi l or administrative penalties for fraud, fa lse sta tements, fa lse claims or otherwise. (U.S. Code Title 18 , Section 1001 and Title 31, Sections 372 9-3730 and 3801-3812. Sus-R ECIP IENT SIGNATURE : NAME (TITLE: DATE'. -----------------~-----~ TO BE COMPLETED BY THE DIVIS ION APPROVED PRO JECT TO TAL _$'------- ADMI NIS TRAT IVE COS T $ GOVERNOR'S AUTHORI ZED REPRESENTATIVE APPROVEDFORPAYM EN T _$.:___ ____ _ DATE 44 SU M MARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLA IMED FOR ELIGI BLE DISASTER WORK UNDER THE HAZARD MTIGATION ASSISTANCE PROGRAM SU B-RE CIPIEN T: _c _ol_lie_r_c_o_u_nt..._y_B_o_c_c'--------PAY MENT#: PROJECT TYP E: _Lo""""c;...;.a __ liz_e __ d_M ____ in..;;._or--D_.:..;:ra""in.:.;;a:.wg...:;.e...;.;I m..:..;..i:.p r;..:o..:..ve.;:.;m~e :..:.;nt'---PROJEC T #: 43 37 -305 -R PROGRAM : _H_az_a_r_d _M_it_.ig"-a_t io_n--'-G--ra'-n-'-t --P_ro_.g"'"ra--m----___ CONTRAC T #: H037 9 REF N02 DATEl DOCU M ENTAT ION ~ (Check) ELI G IBLE AMOUNT C O STS (100 %) 1 2 3 4 5 6 7 8 , 9 Th is p ay ment repr es e n ts ~ co mple tion of the projec t. TOTAL 2 Recipient's internal reference number (e.g., Invoice, Receipt, Warran t. Voucher, Claim Check, or Schedule #) 3 Date of delivery of a1ticles, comple tion of work or performance services. (per document) 4 List Documentation (Recip ient's payroll, material out of recipient's stock, recipient owned equipment and name of vendor or contractor) by catego1y (Materials, LalJor, Fees) and line item in t/1e approved project line item budge t . Provide a btief description of the a1ticles or services. Lisi se1vice dates per each invoice. 45 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: Collier County BOCC If you are requesting an advance, indicate same by checking the box below. [ ]ADVANCEREQUESTED Advance payment of$ is requested . Balance of payments will be made on a reimbursement bas is. These funds are needed to pay staff, award benefits to clients , duplicate forms and purchase start-up supplies and equipme nt. We would not be able to operate the program without th is advance. If you are requesting an advance, complete the following chart and li ne Item justification below. PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for 90 days. Submit Attachment D with the cost share breakdown along with Attachment E and all supporting documentation. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_.20_ Anticipated Expenditures for First Three (llst applicable llne Items) Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOT AL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification exp laining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery tlmellnes, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term . Any advance funds not expended within the first ninety (90) days of the contract term as evidenced by copies of invoices and cancelled checks as required by the Budget and Scope of work showing 100% of expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of rece ipt, along with any Interest earned on the advance. 46 Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM Instructions: Complete and submit th is f orm to the appropriate Project Manager within 15 days of each quarter's end date. SUB-RECIPIENT: Collier County BOCC Localized Minor Drainage PROJECT#: 4337 -305-R PROJECT TYPE: _lm~p_ro_v_e_m_e_nt ________ CONTRACT#: _H_03_7_9 _________ _ PROGRAM: Hazard M iti gation Grant Program QUARTER ENDING : ---------- Advance Payment lnfonnatlon: Advance Received 0 NIA O Amount:_$ ______ _ Advance Settled? Yes 0 No 0 Provide reimbursement Projectio ns for this project (projections may change): Jul-Sep 20_ $ Oct-Dec 20_ $ Jan-Ma r 20_ -'-$ ____ Apr-Jun 20 __ $ ___ _ Target Dates: Cont ract Initiation Date: ----------Contract Expiration Dat e: Esti mated Project Completion Date: Project Proceeding on Schedule? 0 Yes 0 No (If No, please describe under Issue s below) Percentage of Work Completed (may be confirmed by state inspectors): ~ Describe Milestones achi eved during this quarter: Provide a Schedule for the remainder of work to project completion: (Miles to nes from Contract with estimated dates) Milestone Date Describe Issues or circu mstances affecting completion date, milestones, scope of work, and/or cost: Cost Status: O Cost Unchanged 0 Under Budget 0 Over Budget Addit ional Comments/El aboration: NOTE: Division of Emerg ency Management (DEM) staff may perform interim inspections and/or audits at any time. Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as soo n as these conditions become known, otherwise you may be found non-compliant with your sub grant award. Person Compl eting Form: Date Reviewed: -To be completed by Division staff - Reviewer: -------Actions : 47 Phone: ,, . {' . \ • .1 -~ // Financial Management Attachment G Warranties and Representations The Sub-Recipient's financial management system must comply with 2 C.F .R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply wi th the requirements of 2 C .F.R . §2 00, Part D-Post Federal Award Requ irements-Procurement Standards (2 C .F.R. §§200 .317 th rough 200.326). Bus iness Hours The Sub-Recipie nt shall have its offices open for business, with the entrance door open to the public, and at l east one employee on site, from: 8 :00 AM -5:00 PM, Monday Thru Friday. as applicable. Licensing an d Permitting All subcontractors or employees hired by the Sub-Recipient shall have all current lice nses and permits required fo r all of the particu lar work for which they are hi red by the Sub-Re cipient. 48 Attachment H Certification Regarding Debarment, Suspension, lnellglblllty And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor,----------------------- of the Sub-Recipient cert ifies , by subm ission of this document, that neither it nor its principals is presently debarred , suspended , proposed for debarment, declared inel igible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-Recipient's subcontractor is unable to certify to the above statement, the prospective subcontracto r shall attach an explanation to th is form . SUBCONTRACTOR Signature Name and Ti tle Street Address City, State , Z ip Date 49 Collier County BOCC Sub-Recipient 's Name H0379 DEM Contract Number 4337-305-R FEMA Project Number Attachment I Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE: The Federal Funding Accountabi lity and Tra nsp arency Act (FFATA} was signed on September 26, 2006. The intent of this legislation is to empower every American with the abil ity to hold the government accountable for each spending decision. The FFATA legislatio n requires information on federal awards (federa l assistance and expend itures} be made available to the public via a single , searchable website, which is hltp:l/www.usaspendi ng .gov/. The FFATA Sub-awa rd Report ing Sy stem (FSRS} is the report ing tool the F lorida Div ision of Emergency Management ("FDEM" or "Di v ision "} must use to capture and report sub-awa rd and executive compensation data regard ing fi rst-tier sub-awards that obligate $25 ,000 o r mor e in Federal funds (excl uding Recovery funds as defin ed in section 1512(a } (2 ) of the American Rec overy and Reinvestment Act of 2009, Pub. L. 111-5}. Note : This "I nstructions and Worksheet " is meant to expla in the requirements of the FFATA and giv e clarity to the FFATA Form distri bu ted to sub-awardees for com pletion . All perti nent information bel ow should be fill ed out, signed , and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following Information must be provided to the FDEM prior to the FDEM's Issuance of a sub- award (Agreement) that obligates $25,000 or more In federal funds as described above. Please provide the following Information and return the signed form to the Division as requested. PROJECT#: 437-305-R ~~~~~~~~~~~~~~~~~~~ FUNDING AGENCY : Federa l Emergency Management Agency AWARDAMOUNT: _$~1_8~7 _50_0_.o_o~~~~~~~~~~- OBLIGATION/ACTION DATE : Septemb er 27 , 2019 SUBAWARD DATE (if appl icab le}: DUNS#: 076997790 DUNS# +4 : 50 *If your company or organization does not have a DUNS number, you will need to obtain one from Dun & Bradstreet at 866-705-5711 or use the web form {http://fedgov.dnb.com/webform). The process to request a DUNS number takes about ten minutes a nd is free of charge. BUSINESS NAME: OBA NAME (IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS : ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY ~~~-~------~ STATE ZIP CODE+4** --- PARENT COMPANY DUNS# (if applicable): ~~~----~------~~~~~ CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): DESCRIPTION OF PRO JECT (Up to 4000 Characters) As a Hazard Mitigation Grant Program project, the Sub-Recipient , Collier County BOCC , proposes to improve the drainage within the Gordon River Basin located in Naples, F lo rida , 34105. Coordinates (26 . 173296, -81. 784554). The scope is for Phase I only; which includes but is not lim it ed to surveying, engineering, design , plans preparation , permitting and bidding for the proposed project , for Phase II approval. No construction activities for this project have been approved. When completed, the Sub-Recipient shal l provide del iverables fo r Phase II review of the following proposed activ ities. The Phase 11 proposed project shall replace the smal ler existing AMIL gated water control structure with a la rger adaptive water control st ructure that will a llow operational flexibility to adjust the flow of water affecting the entire Basin. This is necessary to help mit igate the f looding of neighborhood communities and protect the residents from suffering further loss through flood damages like those they have experienced in the past. The project shal l be designed to prov ide protection aga ins t a 50-year storm event. Activities shall be completed in strict compliance wit h Federal, State and Loca l applicable Rules and Regulations. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** ~----------~ --- CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: **Providing the Zip+4 ensures that the correct Congressional District is reported . 51 EXECUTIVE COMPENSATION INFORMATION: 1. In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance (e .g . loans , grants, subgrants , and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170 .320 ;, (b) $25,000 ,00 0 or more in annual gross revenues from U.S. Federa l procurement contracts (and subcontracts) and Federal financial assistance (e .g. loans, grants, subgrants , and/or cooperative agreements, etc.) subj ect to the Transparency Act? YesO NoO If the answer to Question 1 Is "Yes," continue to Question 2. If the answer to Question 1 is "No", move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (i nclu ding parent organization, all branches , and all affiliates worldwide) through periodic reports fi led under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d )) Secti on 6104 of the Internal Revenue Code of 1986? YesO NoO If the answer to Question 2 Is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission Information should be accessible at http//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) Information should be directed to the local IRS for further assistance.] If the answer to Question 2 Is "No" FFATA reporting Is required. Provide the Information required In the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the "Total Compensation" for the five (5) most hlghly compensated "Executives", in rank order, In your organization. For purposes of this request , the following terms app ly as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive" is defined as "officers , managing partners, or other employees in management positions ". "Total Compensatio n" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: I. Salary and bonus. ii. Awards of stock , stock options, and stock apprec iation rights. Use the dollar amount recogn ized for financial statement report ing pu rposes with respect to the fiscal year in accordance with the Statement of F inancial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equ ity incentive plans. This does not include group life, health , hospitalization or medical reimbursement plans that do not discrim inate i n favor of executives , and are ava il able generally to all sa laried employees. iv. Change in pension value. Th is is the change in present value of defined benefit and actuar ia l pension plans. v. Above-market earnings on deferred compensation which i s not tax-qual ified . vi. Other compensat io n, if the agg regate value of al l such other compensation (e.g. severance , termination payments, value of life insurance paid on behalf of the employee , perquisites or property) for the executiv e exceeds $10 ,000. 52 TOT AL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion ------- Rank Total Compensation (Highest to Name for Most Recently Lowest) (Last, First, Ml) Title Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. NAME AND TITLE: DATE: 53 Prov isions: Attachment J Mandatory Contract Provisions Any contract or subcontract funded by th is Agreement must contain the applicable provis ions outlined In Appendix II to 2 C.F.R. Part 200 . It is the responsibility of the sub-recipient to include the requ ired provi sions . The Division provides the followi ng li st of sa m ple provisions that may be requi red : 54 _..-;-:.; ' I I I I '1 / ~ ' ::. OMB Gu idance cD ) Da•.1,;.Jlaeon Act .. a :; :tmt1JHloil (·IO U.S.0. 3 MJ .. J J·ID). \l'lwn r~~u H·NI li,1• P •>o.l;>1•:ll µro)!mm 1 0 ~1 ;;!:>.l.1011. all p1 ·1nw ·~onr.l n1 u.10 11 coni1\1cl :; 111 oxco:;~ of S2 .(l00 .1wa1 ·:lu\I uy non-l'otl0rnl <>n 1 .1ll c~ mu:it. 1ndud~ <l pJ·ovt:llon for co mri ll · ;m et> w!l.h I.ho D.iv1 :1-Jlacon ,\cl <-10 U,S.e. :n11 .. ,~1'JI. nnd .31-11:; .. :11-19 1 as siJpplt>nwnfod llv D111:xntm on l. Di J.3ho r J'~~ul:1t.1 0 11:J 1.20 C:l-'ll l':lf·t. Ii, "LalJoJ · Slnn•.l:m lu l'J'OV!~lom; ANdl· 1.:11b l-Li to Cllntrat:t-5 Covor lrn.? P·~rtc-r:tll.'f P1- n:u1•.~1:,:I arnl A ~1:-;1 1.;t0ll Con ~:t.ru ctAon ''t. Io a c- ''ord ~rnc;i wtlh tho ~l.1tut~. ~0 11trncl o 1,; mut:l i'<"i reri utrotl i.o pay w~~o ~ (.o l~bo 1 ·~m ;UlCl nrn- o lmn1 c; :tt :1 r at.a not l~s" t ll:1n t.b~ Pl'•J\'alltnu wal!Cti :.ipt:·clfrn zt Hl ~\ W:"I~~-' dol0rm111:l Uon mad l\ h.v t.lw ;;focrot.n J-.1' Of Labo r. ln a LILl1t1on. conLl':lCLor f, lllll:J.t. b~ t'Oi')ll1 l'Cd t o p:i ~· W ~l'~O ~ 1io c !cs,; th:1n onco ,, W<mk. Tho non.J·\>clt;ral <onU I:~· mu:;l. pl:tc<• a 1.:o p.r or th" e unont. J>J 't>· 1•111llnJ1 w :\~o dol-01·mmaoo n l ~:;u•)l l by ll10 D0- Nl'tmont ol' [,;1 hor ln c•:tuh fi()!!c i!ot.lon . Tho ~fo ...:h1to11 lo awal'll a cou l nH.:L or utt hcoutra <:L. tll\lt;L l:-.'l comll tto n~d upon tho :J1.:C oJJL.n n t:r1 o f t·h<1 w~~o dot,,,11111n ;t t.1011. Tho non-1" .. cl oml on- t·ll,,1' mu :;t r nport. "'I ,u,;pout<>d or J'o port<>d v t ol i\l.l o n :~ t-0 1.ho P<~tlora l :1W:J.l'tl1nl! ~\t:llno~r . 1110 eo nlraets mu ~L a l>o 111tlullt1 ·' pi-ovl sto n for compli:<nc o wH.ll tho C!oJ)(ll~n!l "Antl- Kll'.kl"'cl:" A1:t. (·10 l!.S .O. ~J.151. ;H~ ,;upplo- m1•11t 0u h.1· Dop:ll'tmont. or !..:1J:.0 1' ro.1gulat1ons p.i l'f.'ll !'art 3, "Co nt 1-.1ctors and S11b- ~0 11L1"1do r~ or. l'ulill·c Bullclln\r OJ ' 1'111.Jlk Woz ·I< Pln :m ~;ic l In \\'hol1) or Ill Part. lJy Loan~ or· Gr;tn l,; fi-orn tha lln11.c1 l Sk\f.~;;"). 'l'ho Acl provlli l'f. t.lrn t 0;1ch co ntra·:·l o r or su\1- r·;ic1 n1 0n t. m nst ll•} prohllJ!t .• ~·'.l Crom tml111cf ng. h.v an.v m1~an ~~. a.n.v por son L'mp l 11.\'l!d In t.}M {JOnslrUct.1011. c ompletion, 01' J'tljl:tlr Of pul1J!c wo rk. lo ;nvo up nn.v p:1.1·t, of th" componsn- (.lon lo whld1 ho or ~lw L ~ ot.h <:>rwl :;o ont.\tlOLI. T hC> non-Pr•clural ont.ll.1· m11 ;;r. rnpo J't :tll 1;m;. !""·''·'"' I>!' rnport•.'CI 1·1<>l:d:1o n,; l •) t:l w Pc>clor:tl 1wanltng :won c,1'. <El Comrad \\'or·!; l!om s ani.I !'>MetY S (~n1lar.Js Aol; <10 U.S.C. 3701 -:l70H ). Who1··J .1p1J llrnblo. t11l rn nt.ract~ ~w;wd otl 1>.I' Uw non- PcllN;1! 1mt:1l .. 1• 1n ~Xl'O:;,; ol' l.100.000 t.hat. Ln- VOll'O t .]J(' omplf>.rnwm. oi m l'ch :~nl l'r. or 1.,bor- <>n; mm;l In c lude n 1>rov1t;to n for 1:ompllanCQ wnh •lfJ U.S.C. :l702 aml 3701. ;i,; ,;upplom ~11t<10.l \J.v Doparlmenl ot Lalmr r~1:ul:1M o n :i (2!1 CPR Pai-I . 5). Undo » ·10 tl.S.C. :i1W of t ho A•cl.. O.'•.ch ~on l J»\.oto r mutl. ho n•.:ttl!I oi l to computo ~h~ warro:: e>f r\\'~ry m01:hant0 aml lal1ornJ· o n <·ho b:LO:J>; Df ;1 ,;(.:tnila r <l work woo l< of 40 h ouJ·:;. Work In oxc~::s o r lll o s t.an1 tar<1 wo 1·}; w~olt Is 1x•rn11 ,;,;1bl H PJ 'OYldod t-h:tL t-h<• workor ts ..:om- 1xi n"a tod at." rato of not l \>~~ th:rn 1)no and " h:L11' Ll mQ,; tho lm::w r:i t:o o f pay for all hmu·:.1 woJ·k ocl 111 o>:co>:": of •lO ho 111-,: in t;Jio wo1 ·l1 wco lc 'llto J""'it11r omon t,1 or ·IO u .s.c . :no·t 3 J'Q ;~ppl1 0.»:1hl o 1.0 eo11~Ln1clton wo rk anil provt<hJ t.h:it. 110 l.1boro r oi-modJantc mu~t. bo ro- q ul Mcl t-0 worlc In ;:u 1·1·nuntllnl!>l oJ · unclor WOJ 'k ln)! eoncl1!.1on ~ whi ch aJ·o um:anll.ar~·. ha~.,J'Jlou ~; 01· danl!GJ'O\IS, 'l'h r•3o l'NJUlr~m~nL; de 11o l· <tpp J.1· (.Q tho p u r,·h;~~o• of :;uppll~;; or Pt. 200 , App. II m:1!0J·i :d ,; o r art.1do< oz ·tUnanlv ava llnl>lo on l·h<• opm marl<ot. 01· .:ont.r·act.ti for· t.r·n11,p ar. t·~t!.l•J ll oJ· lm11~m1 ~:;t (l11 o t' lnt.nllH!OlW •J. t~'> Rl ~h l~ i:o !111·ontl on:; Mad o llnder a Co 11L1·ad or Al!N~mont.. If tl\Q FNloral awat'([ 111 U(•(,; t.l\u tl<!l'!lll t lc111 0 1' "l\llldln~ :t:,(l'«~mont.'' \ll\Cll11' :17 CPR § ·101.2 (a\ ;1ml Ow l'OCI PlllllL or ,;l1b1 ·l'ctJ>IOTil Wl:•hos to cn hir into a t:o11t .1·:1l .. L wtlh n ;';mall bu::tn c;:; fi r m OJ' non1woft t on1,l- l1!7..\l.lon l'B~a rd 1n11 UJ.:i ,m J:x;t.1tuf,1oa of IX•I'· 1,10 ~. n ~:il~nmonl oJ· r·~1 ·for111aJH:t\ o f oxpoJ1· m ent,11. 1lovolopmonk1l. oi· r~,;~:irrh wo1•k und11r ~h aJ. "fuml!n~ lli!1·aonwnk" tho r·cc lpJ - <ont OJ' sabroe lp!Plll mnsl comp!~· w!lh Uw l'•J · ~Ull'QlllOnl!' of'Ji CPti P t1l'l •101. "Rl .~h tu lo Ill· 1·r.mt.t on:; Ma-'.le b;· Nonpr •olH 01·~anl7.at.1 om; an•t Sm:ill nm;tn o!OG F1rniu U11dv 1· Go1•or11- m on~ Gr~n ~u. Cont.met~ and Cooprat~vQ A ~ .. 'T(lc.nv mk:. ·· and nny lmpl c•montl111t n.~u-ula­ t.lom l"&u11d l1y th1l aw:ir11!1J .~ i\'.?cmo.\'. 10) Ck.an Air :\ct <-12 U.S.C . 7•1fll-7G71q.> ;111<1 t.hl\ Fdo r:~l \\'af.o r J'ollut.1011 Control A·~t Cl3 ll.S.C . l2.5l-l3fsrJ. ar. amonclctl--Co11t.rncr.n a1Hl ,;ul.J~r:inl :; of ariiounl:<: tn l'xco~" Of $lW.CC<J mus ~ cont.:im :.1 provi:aon t.h:H roqu!l'l'G tho non-Ft>d ~r;1l aware! to a!!rM l o c omply W!Lh all ilPPilrn hl·~ sttlndnn~1 . oidoJ,; C>I ' rnl!ula- t.1 011~ w:;m>d pur:;u:ml t.o tho Clo.,n Air Act. !'12 \l.S.C. 740.l ·7G7lq ) ,\n'I !.ho P0llm-al \\'a t.or l'ollu!.1011 Conl·J'ol Ac ~ :i;; ;nnoncl ~tl t33 ll .S,C. 1251-139 il. \'tol allons mu~t \Jo J'!lJm·t cd lo tho J.'c·<°kl':d riwanllnj( o.~cncy an<! 1.)1<J Ho~'1 o nal Of ft 1:-0 of !ho Flnv1rnmm·n t.;1l l'roLud1011 A11o nc:.\' ll·WA >. ill ) Man•falo r y ,;fa 1ul:u·•.l~ al\ll pol!uoi:; rc- ln t.1 m: l o 01101 ·~:1 OffJ '"h1JH:.\' whh'h ;\J'D 1:on- 1.;11 no<I tn !.lw i:t.:th) (.\nO l'~:V c om<o J ~'M!on pJ,111 l l:~lJ Oil Ill C(JlllPll<llJC'' wH.h LllO MMl'C>' 1'0J1 c ;v :rntl Con!JC l'Vilt,Jon A d (•12 \!,S.C, 6201). rJ I J).1ba1·111Dnl ,\nd SU»P•111S10ll (l·!X•)·~U t·!V•) On\cn; 125·1~ ~IHI 12c.an1--A c ontnot-:iward (:;en 2 CJ.'H IB0.'.!'..~11 mu ~t. not 11~ ma<lo w par- i.1c:; 11 <(.(•d on the> ~01·~rnmontw1<10 l~xdudo'l Panic'~ Lisl Sy,;l.om In t.lw s,•5t.om for Aw:ud Manaj(<nn r·n t (SA~il, L11 ncu>1·c.lanc,1 wt th tho OMIJ i!llL.Jc1!11<:o:: a t 2 C:J.'H 100 t·hat· tm pJ~melll· l·:xe<:uttvo Onfo1·s l'.!:rlrJ 1:! CPH Part. JOllG Comp .. p , lllDl aml l2G~U (~ GPR !'art IDOO Comp .. p. ~:\51. "Dobarnrnnl. and Sw1 pon,;1on." T ho 1'~X(,)ll li O Jl P;<1·[1.;:; !.11;t Syt;tmn Lil S ,\M c ont,11n!> tho nltnt!S of ri:nt:Jcs doba.rrcd . ~ms­ pnn·J ffd. <11' othorWl.:\.£1 oxolt1d1)tl by :"t~on ch1~1. ;1 ~ woll :1<> p,,rt.10:1 doclan.-.11 tn c·ll~!hlo llrl<l'JI' ~t al­ ut<lt'Y or T<'~lllalo1"1· nnt.hoJ'!ly oLh~r than Hx- o~ut.1 vo Onlor· 1 ~5·10. (J) By rd Antt-[,ol>bYlnl! Am on•lm"1nt <31 U.S .C . J:Js1)-C•Jnt r;wt-0r ~ thaL a111.1l.v or bhl fOl ' an :I.Wa r d o f SI00.000 or morn m u~t (!Ju tho 1·Ntl1!1 '1<l cort!lk;i Uon . l·\;io.;h t101 · 1.:orl!lh"' l•l t.hc1 t.1~r a l;o1•c t.h«l· 11;. will nn t ~lid h:i:; not. u:;ocl V<>tlo1·a1 n111iropl'la ll0 1l l\uv.ls to p:•Y !lllY person or ()l'~:imz.t t.1 0 11 fo r tnOw!no ln\! or :1l- 1.~mr•tl n\! to 1nn11en1:u an 01'1'!c:er or mn11lo.1·ou of an1· .11:onuy, :t momhor• of COl\l/J'~::s, oflkor 0 1· ompl oYDo L\f Con~l<1~:.1 . <JI' an Nnplo.YN:· of a m cmbN' of GOIH!l'.!IJ>l In c:onnod ton ll'lt.h ob- (.atnirnr .11w l'~dQra l <::o ntr<~c t. l,!'l'llllt or any 195 55 l i 11 i i I ....... ... _ .. , Pf. 200 , App. Ill olih<-1' aw:""\ <·0 1·111,1<1 b,v 31 U.S.C . J3.52 . \0!:1eh 1,1or niu ,:t. :ll>o 1l1 c:t'lo :;~ :•n.v l-0bb,Vln!! wtt.\l non.f·\•1lo1·a! f\1 111\' 1.l111L t.:1x o:i pL1 co Jn con- nc o.:Llon w\t.h ohtatnln!! an.v f.''·<lora l cmaril. 8u,1}1 dti;\do:;U h'~; .tt·iJ iOl'\\';\t'11etl from !.Joi' to t ·l •)I' up to t ho no n-~'c1h'ral 11w1ml. I K) 3t'v ~2\"h.322 ProrUJ'Olll ()Jl (, o f l'O~Ol'Ol 'v<I 111ai.or·1:tl :;. Al'Pl'.NlllX Ill TO l'll RT 200-.Jrmrm:cT iP&A / COSTS [JH!N'l'IFICATION ,\ND AssJONMNN'r. AKn fl:\TE! D1-:·m 1tM!NA- TION f'Oll I !'is·r·11'U'rtONS Of' H !Oll!m l~tll'C ATtON (I Hl~sl :\. 0.l·~N J·:nAI. 'f hl~1 :ip pon.Jt~ pruvl•h'r. erl\.(•1·1a 1;Jr t•.l1mt1. f,y1n~ an d c:omput.tmr lntltl'Gl'f. (or ln<ltl'•l~t 1P&A )> l'at·'"' a t. !flhh (1n ::t.1Lut tonc:). f n<ll r "ut < l·\~A ) ..:·o :iL~ ,1 ro Lho1;t~ t..hat . an) t nc u< ro:·l fo r c ommon OJ' Jotnt, oh.)~c tlvou a 1HI t.hci·.:;fo10 e :urn ot lm hlrnL\flQil 1'<1:ultlY and :;p~ctt't<:all ,v wit.h n f1at"t.1eu iM' sponso1·e<I proi~ct. an tn- st.r·uc u onal actll'll,':, or an;-o~h ~r 1ns t.JLu - t-1onal act 11•1ty. l:ic<> ~u b~o"tton ILi, nonn1- t.1on o f FaU IL l·h'tl 11n 1l Atlm1nrn trat.1on. L'or a <ll•t•um;Lon o f lllo l'om po1wnt.s Q ( Lrnl lrod. (F'&A J co,;L.~. I. Muft•r 1'1111<'111111" ofu11 /M illilll1)11 llo fo 1·1; to Jn st-ru ctton. ort?J1.nl7.vd re~<'al'<'h, o t h N i;po nsorn<l r1•!l l\'l J.1ci; and 0U1e1· tnst.l t u - t.t<in al aollvtt.tos ai: <lo flMd tn Olis r.<.'Ctlon: 3.. fn.~trm:tloa t\llt. .. 1ns t.!Hl t;.a ;l chlll!! an•1 t.rnJnln' ;1utlvJth1H or an 1ni.t1Lut;1on. Rx cop t. f<11' rn~oard1 t.r.1 1nt11u: a~: ii1·(1\'l1-11.?:t\ 111 !a1l1 ~ t.~cl.ton h, t.l llt< wrm tri ;;Ju tl •;:i all t ·~:1cl1 tn>.i: a nd t .rat ntn~ aulMl·h'f.. whot.lw r Lho ,\' a!'c offo10..t fo r (J r<Jd lt~i towa rd a ll eJ.!Tl,e ~'r CVl 'tlfl<:at-0 o r on :t n<m-crnuit ll:<>ls . and whct.lrnr thc.1• :u·o {lff"l<'d l·hrough ro~ula r a t.\•Jom tc dopart- !n(•llt~i or s1!p:\l':tt:J d tvt vton s, nurh :tG ~\ m11n- m ~1 · s'-'1100 1 ll1 1·1::ton or an C•Xl<'n t;lon 1ltvti:ion. :\l!:o com:t<ll'l'lld p.ll'L or lhi,; ma)or f11n c l tlln an~ d (lpartmont'1l r~1!rt.'.11 t:lL and. wh(\1'0 a.;;!t'P(lil t o . unt\'•~J T,1t.y ri::~j 1..~~1 nh . <"l "> S1Jo 1,sontl w s tr t1c:t11Jn 1111d rrolt11n11 ll"H.\11u; 1.:po•ctn 1. 1nc:r,n1e t1o n:11 01 · t.1n1n1n~ 3.:Li'.'lL,v nc>· t-::tb l!:il wd b .v ~'1'~\nli. tonLr·:\ck or ~:oo pot'i\U \*~~ ag1·1wnwnt . Poi· rrnrno.·;~):; of l·ha co~il. pl'ln- ~tplo ". l·h l<' ;v;Lt 1·1ty ml;· h•~ con$ttlor·0u a maJol' fu nd-ton ovon Uiou i;h nn 1n >l.1 L u t.J o n '~ .v:¢oun t .1n~ t.l 't'al m onl. m:1.;-m ulu do 11. tn t.lw lnn lru·~tion fltn ct.lcin. c2 ~ f)1?J11oirruuwlt.ll r fls~·u rd1 mci,\n~• n~r.Nttdl. •.1!.'·vulnpmL'UI, and :;d1nl arl,\' rn :t1v1 LlO .'.i Llrn.L J.t e no1. OJ')l~nl 7.~~1 rc:wat·1..:h "'Hl, ~:o n. '"·"11w n1.J .1•. :1M noL :;op,1r;1l-0 J.1• lnt<l~ot .n l nn1 ! a<:to11n t.o1 l for. D~f';11·t.munt.:1! rn,;~:11·ch. fo r pu1 r.·oi;r,, or l.h 1,; uo~um,•nt, 1s not con:J1do1-o,\ "" 11 major f un•:.Ll on . hu t a,; n p:11·t of (.h;~ Jn- Hlrndlon h111ct.10n of l.h•1 ln~t.1 t.11Mo n . I>. 0 1,;(111 r~<1d r~.~f~IJrc:Jt 1mxu1i> :-ll I nn;11 ... ·u·ch :tn(\ dOl'O!<)JlnW nt. :1 d!Vil·1"~ of !II\ tm:l:!t.llt:IOll t·ha t M't' ~CJ'!H3t.ol,\· l 1ud:.[(!l4!d ~UHl ~('Cl}Unt.(hl fo 1'. It tncltult•>: 2 CFR Ch. II (1-1-14 Editi on) t l) Spr1n sor~d rrut!a rcl1 m..-:•:uu; :i.11 n~so:lr•:h J.n1l dov ~J o pmo n ~ ;i~t 1vt l!m; 1.h;tt. al'c q,o n- .'JO:oM1l by t:'o.:1>:!1·:11 ;llld nt1 n-lle;lo 1a l a ~~ne10,; anti or~ant?.:l~lo n u. 'l'h1 :; t-0rm 1n d 11dc,; ;id11·1 . l·l•l .'; m1·1>Jv1n~ 1.lrn tr~tnln~ nf t ndlvltlual:i in 1·•1.:;oard1 tc,:hnl qu~:; 1com1110 11l;.-..-a lloo.I 1·c- ::lf.!.:\rch L1·atnln\.!) whm'o !luch a ctt villc.:~ uLJ]fl.(' l.11{1 s..:lnll) r:t <.~llllJ O~l l.\~ ot.hot· l'll~j~!H Ch a tlll UCl- \'t'IO)Jnlflnt.r a,~uvttt oti and wh crQ UU{lh ac~tvt­ t·I•~"; MO not tnelu•.l•<l In U10 1nn .1·u•"lton !)inc · t.1011 . 12) Unl w1rsu11 ros£u rcJi m o l\n~ :tll 1 ·c.~!;O~H·Jh ,\nil tl•11·otopmonL acl l\'tl.112,; l:h '1t nr"' >:<opa - l'at •)ly hud~ot.o<l arnl :J<:count.12<1 fol' li .1· t ho l n- .'lLtc.ullon urnlor l\ll lnl-0rna l :1 rp1J c.~tl 1>n of ln- :.'..f.H;ot.H>ni\J f\ln(J:i. U n1\'~~r:t1 t.,v l'l\fic.nch, for plll'JlO:h'.:i~: o f l:hl::..: cl oi:;u nw n t .. nm ~;f . lto 1...:om- b1n c;l wll.h 3po n::oro1l r ;.,:o:H,:h un<lM 1.h " t'uni:.;t 1on o f or-;t.in tzt~il rr-~oa rch . e . Olller ~i1onsori'!d t1ctlvJOes m o:tn!i lH'O!!rams nn1l pro.kct<} nna ncod l>,y l'-0ll~r:il anu non . Podor<\l n:rcn(;fo:> a nti Ol'~a11Jza t.1oru1 wht ~h in. 1·01\'() (.lw 1wrfo rman<.'o o'r work other t.IJan tn- ~,t.1·u c tt on and orgau11.od rm;oar~h. E.xampJQs o f such p rn~ram.:1 an<I rirojoct.:; aro h call.h il•)l'\'l CO jllOjMlS :ID(! t'O llll\1tlllll ,1' Ll~l'\'ICQ pro- ~!'f'~'nllf ;, HowvvoJ', whon a.ns of t.h o~'" ;wtt \rttll!S aro uno.I N'l.ako n I>;· t·h<l l11st.tluUou wl t h<1ut. 011!.s tdo ,;11 p por ~. l:ho ,· ma.\' [),, cla::i~lf l c<I '"·' otllor lnst.H.ut.lon"l adl \'lt.1'1';, LI. Oth<:r 111slll11tl()rWI ac1 11 •111~:: 1110;111~ all ac - Ll\'lllc·; of an tn:;t1tut.1on oxeept for 1ns trnc- t.1on. 1lt'ft \rl.mt1n lal l'e~;cm.r c h . m ·u:tn tzi:;ll t·r- ~il~ru·rh. :\ml at.Jrnr· H(1onsormJ :\ct1v1 llo:.i, a :; lle - flll ~i l In f.hts sec t.Ion ; tntltroct '1'&A) cos~ nc - t.1v1u,,,. td!!nt.lft ~1l In lh l" ApJl~ntl t x PH'· 111':\ph !.!. l<\onltlk:ill<1n and as:H1111m ~11t. of ln· <l11·cct· (P&A J <:outs : anll i1p0c ll\lt7.otl sci·v tcc:; f:1 c tll th'n 1lc11l'J'llrnd tn ~200:lG!l Spcctaltnld :t"1Vlco fal'lltt.to l< of t·ht s Part. l·>x;nnpl\,:; of <J lh~r 11rnl·ltUt·to11:LI :ict11·tt.10:; ltwl rn lo OJ'•l.'t ':t tton o l' 1·«::1Clon eo hnlh:. <llntn~ hall>. ho!:ptt:1l :i am! <:11n1ns, :;i .uclonl. 11 11.t •im;, I n t~·rco ll ol.!tat o ~1.Lhlnt.1es. hoolc:;l 1 Jr(,~i. f:t cult.v ho~Wlll)!, :;t\ld•Jllt ;1p.:\l'(·ll\l'tlb. µU <•~i{ hi:J U ~;o;·:;, ch:ir,>J.;, t.lrn:i l <·r~. puhltc m11 ~1m ms. :1n1I ol:hoi· ''lmtl:tt· :\tD:llliu ·.1· onl:oqirlt"-"'· 1'h1 i1 <leftntt.t11n J.l:;o tndudm.i :1ny othm · ea l:D!!OrJc;;.~ of aul.Jvl- ~l ci;. ,·o,,t,; or ll'llleh '1J'u "unallownhlo" h1 Pc·do r .:i.l a W i\J\h~. u nl ess oti1Hwwt :tt1 1 n<l !L~.:lt·O..l lll :'\11 jl W!\l'i.l . 2. ClrtMlo fur /)l>lrtb 11lio11 11 . /hw ~·11r t0lf. A b:t~t· po rl od fo1 · <11 :;t.11bu- lll)n of lnilll'<~Ct {lo'&A i <:o"l:! I:! l;h ~ IX'I'lod <h111n~ wh 1t:l1 t ho cm:ls a m tn currntl. '1110 1;,,:0 roonod nonnnll.v ~houl<J colnct<l o w1t.h (.ho ft~e.il yon1· L'~ta blt shNI by t.h o 1n,;t.1t.11t.ton, hu ~ tn an.v ovoni; tlrn b:1~1) JXlrlo<l Dh oahl \10 ::o >llJl;:.ct.c,iJ :rn t.o ~vo lll Jno<1lltt .10s Ill t•ho •l t:l- t.1·1but.l on or t.05 1::1 , b. Ne~d for r:os l uruu tJfnf/S. T ho overall o h · J•?c Llvv of ·Lhv t n<IH·u~~ t P&A ) eont. allorn~ton p1 •0.;~.:·~ t~ l.o dl "tnb11t.c-lho 111d1r ~nt. (t'&A l coot t.1; dc-sc11bcd In Sod.Ion B. l<\cnt1f1<;nt.t on ,\n<I ai:i:t~nm~nt o f ln~lrn>JL 1~'&A) co:;!.s. lo 196 56