Backup Documents 04/13/2021 Item #16D9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 9
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Rachel Hansen Community and Human RH 4/6/2021
Services
2. County Attorney Office County Attorney Office
/**)
3. BCC Office Board of County
?-1-0
Commissioners
4. Minutes and Records Clerk of Court's Office (—re_ (41/10P-1
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Rachel Hansen,Grants Coordinator 252-6141
Contact/ Department
Agenda Date Item was 4/13/2021 Agenda Item Number 119...1-9
Approved by the BCC
Type of Document MODIFICATION TO SUBGRANT Number of Original X 2
Attached AGREEMENT BETWEEN THE DIVISION OF Documents Attached
EMERGENCY MANAGEMENT AND
COLLIER COUNTY
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,which er is Les N/A(Not
appropriate. nitial) Applicable)
1. Does the document require the chairman's original signature(, RH
2. Does the document need to be sent to another agency for adk aTsignatures? If yes, N/A*
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the Yes
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's Yes
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on above date and all changes made during Yes < cm
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready forth 1 ,;:).
Chairman's signature. : <<•
*Needs to be em ailed to FDEM for signature—CHS will email
1 6 D 9
MEMORANDUM
Date: April 16, 2021
To: Rachel Hansen, Grant Coordinator
Community & Human Services
From: Teresa Cannon, Sr. Deputy Clerk
Minutes & Records Department
Re: Modification to Subgrant Agreement #H0371 w/FDEM
Enclosed please find two (2) fully executed originals of the document referenced above
(Agenda Item #16D9), approved by the Board of County Commissioners on Tuesday,
April 13, 2021.
Please email me a fully executed copy once aditional signatire had been
obtained.
If you have any questions, please contact me at 252-8411.
Thank you.
Enclosure
Enclosures (2)
1 6 0 9
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Ron DeSantis Kevin Guthrie
Governor Director
May 10, 2021
Rachel Hansen
Grant Coordinator
Collier County
3339 East Tamiami Trail
Building H — Suite 211
Naples, Florida 34112
Re: Project Number: 4337-274-R— Modification #1, Collier County,
Immokalee Sports Complex, Generator
Dear Rachel Hansen:
Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract
modification number one (Contract#H0371) between Collier County and the Division of
Emergency Management.
Please email all Requests for Reimbursement (Attachment D) to the project manager at
Carmen.Acosta anem.myflorida.com. The Project Manager for this contract is:
Carmen Acosta, Project Manager
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
If you have any specific questions regarding the contract or the Request for
Reimbursement form, please contact Carmen Acosta at (850) 692-9458.
Respectfully,
Digitally signed by Miles E.Anderson
Miles E. Anderson eDN:m cn=Mail=Miles.ailes E.nderso Andersonn@em.,o=myDEM,
flori ou=Mitigation,
da.com,c=US
Date:2021.05.12 t 0:20:28-04'00'
Miles E. Anderson
Bureau Chief, Mitigation
State Hazard Mitigation Officer
Enclosure
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.orq 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando. FL 32809-5631
1 6D9
Contract Number: H0371
Project Number: 4337-274-R
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
COLLIER COUNTY
This Modification Number One is made and entered into by and between the State of
Florida, Division of Emergency Management ("the Division"), and Collier County ("the Sub-
Recipient") to modify Contract Number H0371, dated March 18, 2020 ("the Agreement").
WHEREAS, the Division and the Sub-Recipient desire to modify the Agreement; and
WHEREAS, the Division and the Sub-Recipient have entered into the Agreement,
pursuant to which the Division has provided a subgrant to the Sub-Recipient under the Hazard
Mitigation Grant Program of$435,000.00, in Federal Funds; and
WHEREAS, the Agreement shall expire on September 30, 2021; and
WHEREAS, the Division and the Sub-Recipient desire to extend the terms of the
Agreement, modify the Scope of Work, and increase the Federal Funding under the Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained
herein, the parties agree as follows:
1. Paragraph 8 of the Agreement is hereby amended to read as follows:
(8) PERIOD OF AGREEMENT
This Agreement shall begin March 18, 2020 and shall end September 30, 2022,
unless terminated earlier in accordance with the provisions of Paragraph (17) of this
Agreement.
2. The Agreement is amended to increase the Federal Funding by $343,500.00, for the
maximum amount payable under the Agreement to $778,500.00, (Seven Hundred
Seventy-Eight Thousand Five Hundred Dollars and No Cents).
3. The Budget and Scope of Work, Attachment A to this Agreement, are hereby modified
as set forth in 1 St Revised Attachment A to this Modification, a copy of which is attached
hereto and incorporated herein by reference.
4. All provisions of the Agreement being modified and any attachments thereto in conflict
with Modification shall be and are hereby changed to conform to this Modification,
effective as of the date of the last execution of this Modification by both parties.
5. All provisions not in conflict with this Modification remain in full force and effect, and are
to be performed at the level specified in the Agreement.
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6. 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 until submission of the
administrative closeout report. The ending dates of each quarter of the program year
are March 31, June 30, September 30, and December 31.
IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the
dates set out below.
SUB-RECIPIENT: COLLIER COUNTY
•
By: ` a/ ATTEST:
CRY ' AL K. KIN7 L, CLERK
Name and Title: ip Yi¢��0/L P/4 eputy Clerk
Date: Acre L 13, mat A ter.::t as to Chairman's
signature only.
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Digitally signed by Miles E.Anderson
Miles E. Anderson DN cn=Miles E.Anderson,o=DEM,oa Mitigation,
emailMiles.anderson@emmyflorida.com,cUS
By: Date:2021.05.12 10:20:55-04'00'
Name and Title: Jared Moskowitz, Director
Date: 05/12/2021
Approved f rm and legality
Scott R. ach,Deputy County Attorn
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Attachment A
(1st Revision)
Budget and Scope of Work
STATEMENT OF PURPOSE:
The purpose of this Scope of Work is to provide protection to Immokalee Sports Complex in
Immokalee, Collier County, Florida, funded through the Hazard Mitigation Grant Program
(HMGP) DR-4337-274-R, as approved by the Florida Division of Emergency Management
(Division) and the Federal Emergency Management Agency (FEMA). The project is for the
purchase and installation of an emergency system to reduce and/or mitigate the damage that
might otherwise occur from severe weather or other hazards.
The Sub-Recipient, Collier County, agrees to administer and complete the project per scope
of work as submitted by the Sub-Recipient and subsequently approved by the Division and
FEMA. The Sub-Recipient shall complete the work in accordance with all applicable Federal,
State and Local Laws, Regulations, and Codes.
PROJECT OVERVIEW:
As a Hazard Mitigation Grant Program (HMGP) project, the Sub-Recipient shall provide
backup power to the lmmokalee Sports Complex located at 505 Escambia Street, lmmokalee,
Florida 34142. Coordinates: (26.42655, -81.42368), and (26.42608, -81.42392).
The HMGP project shall provide protection to the Immokalee Sports Complex by the
installation of two permanent generators with a capacity of 350 kW and 125 kW, or the
adequate size determined by the vendor and/or an electrical engineer during the bid process
to appropriately support the critical facility, an automatic transfer switch, electrical
connections, fuel tank and base. The installation of the two permanent generators with the
capability to run the entire facility will allow the County to maintain the Immokalee Sports
Center operational during future power outages.
The generators shall be protected against a 500-year flood event by implementing specific
activities or by locating the generators outside the Special Flood Hazard Area (SFHA) and
shall be protected against wind with a rated enclosure based on its location requirements.
Activities shall be completed in strict compliance with Federal, State and Local Rules and
Regulations.
TASKS&DELIVERABLES:
A) Tasks:
1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor
and execute a contract with the selected bidder to complete the scope of work as
approved by the Division and FEMA. The Sub-Recipient shall select the qualified,
licensed Florida contractor in accordance with the Sub-Recipient's procurement policy as
well as all Federal and State Laws and Regulations. All procurement activities shall
contain sufficient source documentation and be in accordance with all applicable
regulations.
The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials,
equipment, tools, transportation and supervision and for performing all work per sealed
CNo
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engineering designs and construction plans presented to the Division by the Sub-
Recipient and subsequently approved by the Division and FEMA.
The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure
worksite for the duration of the work. The contractor shall maintain all work staging areas
in a neat and presentable condition.
The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or
suspended from participating in federally funded projects.
The selected contractor shall have a current and valid occupational license/business tax
receipt issued for the type of services being performed.
The Sub-Recipient shall provide documentation demonstrating the results of the
procurement process. This shall include a rationale for the method of procurement and
selection of contract type, contractor selection and/or rejection and bid tabulation and
listing, and the basis of contract price.
The Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility,
Voluntary Exclusion Form" for each contractor and/or subcontractor performing services
under this agreement.
Executed contracts with contractors and/or subcontractors shall be provided to the
Division by the Sub-Recipient within 10 days of execution.
The Sub-Recipient shall provide copies of professional licenses for contractors selected to
perform services. The Sub-Recipient 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 contractor.
2) The Sub-Recipient shall monitor and manage the procurement and installation of all
products in accordance with the HMGP application and associated documentation as
presented to the Division by the Sub-Recipient and subsequently approved by the Division
and FEMA. The Sub-Recipient shall ensure that all applicable State, Local and Federal
Laws and Regulations are followed and documented, as appropriate.
The Sub-Recipient shall fully perform the approved project, as described in the
application, in accordance with the approved scope of work indicated herein, the estimate
of costs indicated herein, the allocation of funds indicated herein, and all applicable terms
and conditions. The Sub-Recipient shall not deviate from the approved project terms and
conditions.
Upon completion of the work, the Sub-Recipient shall schedule and participate in a final
inspection of the completed project by the local municipal or county building department
(official), or other approving official, as applicable. The official shall inspect and certify
that all installation was in accordance with the manufacturer's specifications. Any
deficiencies found during this final inspection shall be corrected by the Sub-Recipient prior
to Sub-Recipient's submittal of the final inspection request to the Division.
Upon completion of Task 2, the Sub-Recipient shall submit the following documents with
sufficient supporting documentation, and provide a summary of all contract scope of work
and scope of work changes, if any. Additional documentation shall include:
a) Copy of permit(s), notice of commencement.
b) Local Building Official Inspection Report and Final Approval.
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c) A copy of electrical designs, specifications and/or drawings elaborated to complete the
scope.
d) Signed and Sealed copy of the As-built plans, as applicable.
e) Certified Letter of Completion, as applicable:
1. Affirming that the project has been completed in conformance with the approved
project drawings, specifications, and scope.
2. Certifying Compliance with all applicable codes.
f) All Product Specifications/ Data Sheet(s) (technical standards) satisfying protection
requirements on all products utilized.
g) Verification letter or documentation showing the generator is protected to the 500-year
(0.2% annual chance) flood elevation.
h) Proof of compliance with Project Conditions and Requirements contained herein.
3) During the course of this agreement, the Sub-Recipient shall submit requests for
reimbursement. Adequate and complete source documentation shall be submitted to
support all costs (federal share and local share) related to the project. In some cases, all
project activities may not be fully complete prior to requesting reimbursement of costs
incurred in completion of this scope of work; however, a partial reimbursement may be
requested.
The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project
personnel with each reimbursement request attesting to the completion of the work, that
disbursements or payments were made in accordance with all agreement and regulatory
conditions, and that 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
timelines of this agreement. All supporting documentation shall agree with the requested
billing period. All costs submitted for reimbursement shall contain adequate source
documentation which may include but not be limited to: cancelled checks, bank
statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and
attendance records, contract and subcontract award documents.
Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges
submitted by the contractors and subcontractors and pay the contractors and
subcontractors for approved bills, invoices, and/or charges. Sub-Recipient shall ensure
that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly
identify the activities being performed and associated costs.
Project Management Expenses: The Sub-Recipient shall pre-audit source documentation
such as payroll records, project time sheets, attendance logs, etc. Documentation shall
be detailed information describing tasks performed, hours devoted to each task, and the
hourly rate charged for each hour including enough information to calculate the hourly
rates based on payroll records. Employee benefits shall be clearly shown.
The Division shall review all submitted requests for reimbursement for basic accuracy of
information. Further, the Division shall ensure that no unauthorized work was completed
prior to the approved project start date by verifying vendor and contractor invoices. The
Division shall verify that reported costs were incurred in the performance of eligible work,
that the approved work was completed, and that the mitigation measures are in
16D9
compliance with the approved scope of work prior to processing any requests for
reimbursement.
Review and approval of any third party in-kind services, if applicable, shall be conducted
by the Division in coordination with the Sub-Recipient. Quarterly Reports shall be
submitted by the Sub-Recipient and received by the Division at the times provided in this
agreement prior to the processing of any reimbursement.
The Sub-Recipient shall submit to the Division requests for reimbursement of actual
construction and managerial costs related to the project as identified in the project
application, and plans. The requests for reimbursement shall include:
a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of
services performed, description of services performed, location of services performed,
cost of services performed, name of service provider and any other pertinent
information;
b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or
vendor for invoiced services;
c) Clear identification of amount of costs being requested for reimbursement as well as
costs being applied against the local match amount.
The Sub-Recipient's final request for reimbursement shall include the final construction
project cost. Supporting documentation shall show that all contractors and subcontractors
have been paid.
B) Deliverables:
Mitigation Activities consist of providing protection to the Immokalee Sports Complex,
located at 505 Escambia Street, Immokalee, Florida 34142, by installing two permanent
generators with a capacity of 350 kW and 125 kW, an automatic transfer switch, electrical
connections, fuel tank and base.
The generator(s) shall be protected against a 500-year flood event by implementing
specific activities or by locating the generator(s) outside the SFHA and shall be protected
against wind with a rated enclosure based on its location requirements. Activities shall be
completed in strict compliance with Federal, State and Local Rules and Regulations.
Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in
this Agreement, the Division shall reimburse the Sub-Recipient based on the percentage
of overall project completion.
PROJECT CONDITIONS AND REQUIREMENTS:
C) Engineering:
1) The Sub-Recipient shall submit to the Division an official letter stating that the project is
100% complete and ready for the Division's Final Inspection of the project.
2) The Sub-Recipient shall provide a copy of the Notice of Commencement, and any local
official Inspection Report and/or Final Approval, as applicable.
3) The Sub-Recipient shall submit a final copy of the completed project's As-built drawings
and all necessary supporting documentation, and provide a summary of all contract scope
of work changes, as applicable.
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4) The Sub-Recipient shall submit a final copy of any electrical designs, specifications and/or
drawings elaborated to complete the job.
5) The Sub-Recipient shall submit a certified letter of completion from Engineer of Record,
as applicable. The Sub-Recipient's Engineer of Record shall provide a formal certificate
or letter affirming that the project has been completed in conformance with the approved
project drawings, specifications, scope, and applicable codes.
6) The Sub-Recipient shall submit all Product Specifications/ Data Sheet(s) (technical
standards) satisfying protection requirements on all products utilized.
7) All installations shall be done in strict compliance with the Florida Building Code or Miami
Dade Specifications. All materials shall be certified to exceed the wind and impact
standards of the current local codes.
8) The Sub-Recipient shall follow all applicable State, Local and Federal Laws, Regulations
and requirements, and obtain (before starting project work) and comply with all required
permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits
and clearances may jeopardize federal funding.
D) Environmental:
1) The Sub-Recipient shall follow all applicable state, local and federal laws, regulations and
requirements, and obtain (before starting project work) and comply with all required
permits and approvals. Failure to obtain all appropriate federal, state, and local
environmental permits and clearances may jeopardize federal funding. If project is
delayed for a year or more after the date of the categorical exclusion (CATEX), then
coordination with and project review by regulatory agencies must be redone.
2) Any change, addition or supplement to the approved mitigation measure or scope of work
that alters the project (including other work not funded by FEMA, but done substantially at
the same time) shall require resubmission to the Division and FEMA for revaluation of
compliance with the National Environmental Protection Act (NEPA) and Section 106 of the
National Historic Preservation Act (NHPA) prior to initiation of any work. Non-compliance
with these requirements may jeopardize FEMA's ability to fund this project. A change in
the scope of work shall be approved by the Division and FEMA in advance regardless of
the budget implications.
3) If any ground disturbance activities occur during construction, the Sub-Recipient shall
monitor ground disturbance during construction, and if any potential archeological
resources are discovered, shall immediately cease construction in that area and notify the
Division and FEMA.
4) The generators are supporting a critical action and must be protected to the 500 year
(0.2% annual chance) flood elevation. The Sub-Recipient must submit documentation to
the State documenting which protective option they selected.
5) Construction vehicles and equipment used for this project shall be maintained in good
working order to minimize pollutant emissions.
E) Programmatic:
1) 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 conditions allowing lower costs or earlier completion.
1 6 09
2) The Division and FEMA shall approve a change in the scope of work in advance,
regardless of the budget implementations.
3) The Sub-Recipient must"obtain prior written approval for any budget revision which would
result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA.
4) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to
the expiration date. Therefore, any request for a Period of Performance Extension shall
be in writing and submitted, along with substantiation of new expiration date and a new
schedule of work, to the Division a minimum of seventy (70) days prior to the expiration
date, for Division processing to FEMA.
5) 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.
6) A copy of the executed subcontract agreement must be forwarded to the Division within
10 days of execution.
7) Project approval is with the condition that the tasks, deliverables, and conditions be
accomplished and submitted 30 days prior to the Period of Performance date, for review
and approval by the Division, for submittal to FEMA for Closeout.
8) Executive order 11988 Floodplains: The generators are supporting a critical action and
must be protected to the 500-year (0.2% annual chance)flood elevation. Sub-recipient
must submit documentation to the State and FEMA documenting which protective option
they have selected.
This is FEMA project number 4337-274-R. It is funded under HMGP, FEMA-4337-DR-FL and
must adhere to all program guidelines established for the HMGP in accordance with the PAS
Operational Agreement for Disaster 4337.
FEMA awarded this project on September 24, 2019; this Agreement was executed on March
18, 2020; and the Period of Performance for this project shall end on September 30, 2022.
F) FINANCIAL CONSEQUENCES:
If the Sub-Recipient fails to comply with any term of the award, the Division shall take one or
more of the following actions, as appropriate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-
Recipient;
2) Disallow 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) Withhold further awards for the program; or
5) Take other remedies that may be legally available.
I 6► 0 9
SCHEDULE OF WORK
State and Local Contracting: 6 Months
Design / Permitting: 9 Months
Bidding and Contracting: 6 Months
Construction / Installation: 12 Months
State and Local Inspection: 2 Months
Closeout: 1 Month
Total Period of Performance: 36 Months
BUDGET
Line Item Budget*
Project Cost Federal Share Non-Federal Share
Materials: $328,000.00 $246,000.00 $82,000.00
Labor: $615,000.00 $461,250.00 $153,750.00
Fees: $95,000.00 $71,250.00 $23,750.00
Initial Agreement
Amount: $1,038,000.00 $778,500.00 $259,500.00
***Contingency Funds: $0.00 $0.00 $0.00
Project Total: $1,038,000.00 $778,500.00 $259,500.00
*Any line item amount in this Budget may be increased or decreased 10%or less, with the
Division's approval, without an amendment to this Agreement being required, so long as the
overall amount of the funds obligated under this Agreement is not increased.
*** This project has an estimated$0.00 in contingency funds. Per FEMA Hazard
Mitigation Assistance Guidance Part VI, D.3.4— Contingency funds are not automatically
available for use. Prior to their release, contingency funds must be re-budgeted to another
direct cost category and identified. Post-award changes to the budget require prior written
approval from the Division (FDEM). The written request should demonstrate what unforeseen
condition related to the project arose that required the use of contingency funds.
Project Management costs are included for this project in the amount of$0.00
Funding Summary
Federal Share: $778,500.00 (75.00%)
Non-Federal Share: $259,500.00 (25.00%)
Total Project Cost: $1,038,000.00 (100.00%)