Loading...
Backup Documents 05/11/2021 Item #16D4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1604 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 5/6/2021 Services 2. County Attorney Office—JAB County Attorney Office �C S l 11 2‘ 3. BCC Office Board of County b Commissioners , SI 5-{ I 'oA 4. Minutes and Records Clerk of Court's Office ,S.I 4/VI q 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 5/11/2021 Agenda Item Number 16D4 Approved by the BCC Type of Document MODIFICATION TO SUBGRANT Number of Original 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,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature *'4K. RH 2. Does the document need to be sent to another agency for additional signatures? 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 RH 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 RH 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 RH 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 0/1A is not the meeting have been incorporated in the attached document. The Countyoption for Attorney's Office has reviewed the changes,if applicable. dd this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the ' an option for Chairman's signature. )/ this line. *Needs to be emailed to FDEM for signature— CHS will email l6D4 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, May 17, 2021 11:00 AM To: 'Rachel.Hansen@colliercountyfl.gov' Subject: Item #16D4 (5-11-21 BCC Meeting) Attachments: Modification to Subgrant Agreement between FDEM &Collier County.pdf Good Morvtivtg Rachel, A copy of the docuwtevtt referevtced above is attached for further processivtg. After obtaivtivtg the vtecessary sigvtature, please forward a copy of the fully executed docuwtevtt to this office for the Board's records. Thank you! Ann Jennejohn I3MR Sevtior Deputy Clerk 1I ` �.tTCYk;kr Clerk to the Value Adjustment Board 4$s `r�% Office: 239-252-8406 A 76 Fax: 239-252-8408 (if applicable) Of r- . Ao.K.JevtKejohvt@CollierClerk.com Office of the Clerk of the Circuit Court *4,ot•.s.."' & Comptroller of Collier Couvtty 3299 Tamiavvti Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.cowt I 6 0 4 Contract Number: H0390 Project Number: 4337-295-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 H0390, dated March 23, 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$1,275,000.00, in Federal Funds; and WHEREAS, the Agreement shall expire on October 31, 2021; and WHEREAS, the Division and the Sub-Recipient desire to extend the terms of the Agreement, modify the Scope of Work, and decrease funding by $249,204.00 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 23, 2020 and shall end October 31, 2022, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 2. The Agreement is amended to decrease the Federal Funding by $249,204.00, for the maximum amount payable under the Agreement to $1,025,796.00, (One Million Twenty- Five Thousand Seven Hundred Ninety-Six Dollars and No Cents). 3. The Budget and Scope of Work, Attachment A to this Agreement, are hereby modified as set forth in 15t 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. l6D4 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: XteaV Name and Title: % U) Gu (�( eshe r Date: nit 11" 1 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Jared Moskowitz, Director Date: Approved as to form and legality ATTEST CRYISTAL K.KINZELL CLERK aAAAAr Atitant County AU •icy $0.9 ` .. ignatu on1 ;, ti Item# V004 Agenda 5-t 0 Date !►� Date 5142l Rec'd G. Li 1 Deputy 4erk , I 4 Attachment A (1st Revision) Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to provide protection to the North Collier Regional Park, in Naples, Collier County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-295-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 Recreation Building located at the North Collier Regional Park at 15000 Livingston Road, Naples, Florida 34109. Coordinates: (26.264214, -81.749549). The HMGP project shall provide protection to the North Collier Regional Park by the installation of a 1,500kW permanent generator at the Recreation Building, 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 generator will be installed on a concrete pad. The generator will allow for continuous operation of this critical facility in its role as a pet friendly as well as special needs shelter for over 500 county residents. The facility also shelters first responders and recovery personnel that utilize the facility as a base of operations for food and water distribution, critical information updates, health care, cooling areas and charging stations for the northern part of the county. The generator(s) shall be protected against a 500-year flood event by implementing specific activities or by locating the generator(s) 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, 16D4 equipment, tools, transportation and supervision and for performing all work per sealed 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. 1604 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 compliance 16134 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 backup power to the North Collier Regional Park located at 15000 Livingston Road, Naples, Florida 34109, by installing a 1,500kW permanent generator at the Recreation Building. 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. 4) The Sub-Recipient shall submit a final copy of any electrical designs, specifications and/or drawings elaborated to complete the job. 16D4 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 generator is 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. 2) The Division and FEMA shall approve a change in the scope of work in advance, regardless of the budget implementations. 16Q4 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. No monitoring is required. This is FEMA project number 4337-295-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 October 11, 2019; this Agreement was executed on March 23, 2020; and the Period of Performance for this project shall end on October 31, 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. 1 6 D SCHEDULE OF WORK State and Local Contracting: 5 Months Design / Permitting: 9 Months Bidding and Contracting: 7 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: $789,250.00 $591,937.50 $197,312.50 Labor: $450,000.00 $337,500.00 $112,500.00 Fees: $128,478.00 $96,358.50 $32,119.50 Initial Agreement Amount: $1,367,728.00 $1,025,796.00 $341,932.00 ***Contingency Funds: $0.00 $0.00 $0.00 Project Total: $1,367,728.00 $1,025,796.00 $341,932.00 *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: $1,025,796.00 (75.00%) Non-Federal Share: $341,932.00 (25.00%) Total Project Cost: $1,367,728.00 (100.00%) I 6114 Contract Number: H0390 Project Number: 4337-295-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 H0390, dated March 23, 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$1,275,000.00, in Federal Funds; and WHEREAS, the Agreement shall expire on October 31, 2021; and WHEREAS, the Division and the Sub-Recipient desire to extend the terms of the Agreement, modify the Scope of Work, and decrease funding by $249,204.00 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 23, 2020 and shall end October 31, 2022, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 2. The Agreement is amended to decrease the Federal Funding by $249,204.00, for the maximum amount payable under the Agreement to $1,025,796.00, (One Million Twenty- Five Thousand Seven Hundred Ninety-Six Dollars and No Cents). 3. The Budget and Scope of Work, Attachment A to this Agreement, are hereby modified as set forth in 1st 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. yti� 16Q4 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: /V4e/itty %t Name and Title: PQMc�TCIticiri 1hpklt'" Date: Mit ` t C -b,l STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Jared Moskowitz, Director Date: Approved as to form and legality ATTEST CRYSTAL K.ONE;CLERK thOUfltYLIY \ " Attest as - � " airman's. .' Signature 1J`I;} I604 Attachment A (1st Revision) Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to provide protection to the North Collier Regional Park, in Naples, Collier County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-295-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 Recreation Building located at the North Collier Regional Park at 15000 Livingston Road, Naples, Florida 34109. Coordinates: (26.264214, -81.749549). The HMGP project shall provide protection to the North Collier Regional Park by the installation of a 1,500kW permanent generator at the Recreation Building, 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 generator will be installed on a concrete pad. The generator will allow for continuous operation of this critical facility in its role as a pet friendly as well as special needs shelter for over 500 county residents. The facility also shelters first responders and recovery personnel that utilize the facility as a base of operations for food and water distribution, critical information updates, health care, cooling areas and charging stations for the northern part of the county. The generator(s) shall be protected against a 500-year flood event by implementing specific activities or by locating the generator(s) 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, fin, 1134 equipment, tools, transportation and supervision and for performing all work per sealed 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. f 0 4 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 compliance I604 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 backup power to the North Collier Regional Park located at 15000 Livingston Road, Naples, Florida 34109, by installing a 1,500kW permanent generator at the Recreation Building. 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. 4) The Sub-Recipient shall submit a final copy of any electrical designs, specifications and/or drawings elaborated to complete the job. 16D4 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 generator is 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. 2) The Division and FEMA shall approve a change in the scope of work in advance, regardless of the budget implementations. I D 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. No monitoring is required. This is FEMA project number 4337-295-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 October 11, 2019; this Agreement was executed on March 23, 2020; and the Period of Performance for this project shall end on October 31, 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 SCHEDULE OF WORK State and Local Contracting: 5 Months Design / Permitting: 9 Months Bidding and Contracting: 7 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: $789,250.00 $591,937.50 $197,312.50 Labor: $450,000.00 $337,500.00 $112,500.00 Fees: $128,478.00 $96,358.50 $32,119.50 Initial Agreement Amount: $1,367,728.00 $1,025,796.00 $341,932.00 ***Contingency Funds: $0.00 $0.00 $0.00 Project Total: _ _ $1,367,728.00 $1,025,796.00 $341,932.00 *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: $1,025,796.00 (75.00%) Non-Federal Share: $341,932.00 (25.00%) Total Project Cost: $1,367,728.00 (100.00%) 1 6 04 Ann P. Jennejohn From: HansenRachel <Rachel.Hansen@colliercountyfl.gov> Sent: Tuesday,June 29, 2021 3:34 PM To: Ann P.Jennejohn Subject: RE: Item #16D4 (5-11-21 BCC Meeting) Attachments: 4337-295-R -MOD #1 - Executed Modification #1 (6-24-2021).pdf Hi Ann, Attached is the fully executed version I received from FDEM. Thanks! Respectfully, Rachel Hansen Grants Coordinator Community and Human Services 3339 East Tamiami Trail Suite 211 Naples, FL 34112 239-252-6141 Rachel.Hansen@colliercountyfl.gov Ca er Co,uvity Making Our Community Stronger:One life,one home,one project at a time. To improve our services and technical assistance to our clients,vendors or subrecipients,we ask that you provide us feedback on our services to your organization by completing the short survey contained at the following links: Grants—How was our service?Click here to take the survey Internal Partners,Vendors and Subrecipients: How was our service? Click here to take the survey From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Sent: Monday, May 17, 2021 11:00 AM To: HansenRachel<Rachel.Hansen@colliercountyfl.gov> Subject: Item#16D4 (5-11-21 BCC Meeting) EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Morning Rachel, A copy of the document referenced above is attached for further processing. After obtaining the necessary signature, please forward a copy of the fully executed i 16 D ' STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis Kevin Guthrie Governor Director June 22, 2021 Rachel Hansen Grants Coordinator Collier County 3339 East Tamiami Trail Building H — Suite 211 Naples, Florida 34112 Re: Project Number: 4337-295-R— Modification #1 —Collier County, North Collier Regional Park, Generators Dear Rachel Hansen: Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract modification number (One) (Contract#H0390) between Collier County and the Division of Emergency Management. Please email all Requests for Reimbursement (Attachment D) to the project manager at Carmen.Acostaem.myflorida.com. The Project Manager for this contract is: Carmen Acosta, Project Manager Florida Division of Emergency Management 2702 Directors Row Orlando, Florida 32809 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 DN:cn=Miles E.Anderson,o=DEM,ou=Mitigation, email=Miles.anderson@em.myforida.com,c=US Date:2021.06.24 12:09:51-04'00' 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.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 1604 Contract Number: H0390 Project Number: 4337-295-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 H0390, dated March 23, 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$1.275,000.00, in Federal Funds; and WHEREAS, the Agreement shall expire on October 31, 2021; and WHEREAS, the Division and the Sub-Recipient desire to extend the terms of the Agreement, modify the Scope of Work, and decrease funding by $249,204.00 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 23, 2020 and shall end October 31, 2022, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 2. The Agreement is amended to decrease the Federal Funding by $249,204.00, for the maximum amount payable under the Agreement to$1,025,796.00, (One Million Twenty- Five Thousand Seven Hundred Ninety-Six Dollars and No Cents). 3. The Budget and Scope of Work, Attachment A to this Agreement, are hereby modified as set forth in 15t 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. P 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: &AV Name and Title: fR? ) 0-4)C eshear Date: mQ� 1 1"y,,i \ STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Digitally signed by Miles E.Anderson Miles E. Anderson DN cn=Miles En Anderson,o=DEM ou=Mitigation, email=Mileaderson@emmflorida.com, US By: Date:2021.06.24 12:10:13-04'00' Name and Title: Jared Moskowitz, Director Date: 06/24/2021 \hluo'ed as to form and legality A 1 TESl C'R' S C.AI_ K. KINZF.L.CLERK • \ 14.,0 C As,Want County Att -pry : t4.\6\ Meg as4 titer an's signature or,'yr...; . •; • 6 Attachment A (1st Revision) Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to provide protection to the North Collier Regional Park, in Naples, Collier County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-295-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 Recreation Building located at the North Collier Regional Park at 15000 Livingston Road, Naples, Florida 34109. Coordinates: (26.264214, -81.749549). The HMGP project shall provide protection to the North Collier Regional Park by the installation of a 1,500kW permanent generator at the Recreation Building, 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 generator will be installed on a concrete pad. The generator will allow for continuous operation of this critical facility in its role as a pet friendly as well as special needs shelter for over 500 county residents. The facility also shelters first responders and recovery personnel that utilize the facility as a base of operations for food and water distribution, critical information updates. health care, cooling areas and charging stations for the northern part of the county. The generator(s) shall be protected against a 500-year flood event by implementing specific activities or by locating the generator(s) 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, 1 b D = equipment, tools, transportation and supervision and for performing all work per sealed 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. l6flL 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 compliance I6Da 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 backup power to the North Collier Regional Park located at 15000 Livingston Road, Naples, Florida 34109, by installing a 1,500kW permanent generator at the Recreation Building. 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. 4) The Sub-Recipient shall submit a final copy of any electrical designs, specifications and/or drawings elaborated to complete the job. l6D4 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 generator is 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. 2) The Division and FEMA shall approve a change in the scope of work in advance, regardless of the budget implementations. r, D .. 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. No monitoring is required. This is FEMA project number 4337-295-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 October 11, 2019; this Agreement was executed on March 23, 2020; and the Period of Performance for this project shall end on October 31, 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. SCHEDULE OF WORK State and Local Contracting: 5 Months Design/Permitting: 9 Months Bidding and Contracting: 7 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: $789,250.00 $591,937.50 $197,312.50 Labor: $450,000.00 $337,500.00 $112,500.00 Fees: $128,478.00 $96,358.50 $32,119.50 Initial Agreement Amount: $1,367,728.00 $1,025,796.00 $341,932.00 ***Contingency Funds: S0.00 $0.00 $0.00 Project Total: $1,367,728.00 $1,025,796.00 $341,932.00 *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. $1,025,796.00 (75.00%) Non-Federal Share: $341,932.00 (25.00%) Total Project Cost: $1,367,728.00 (100.00%) 16D4 0n19!c11204 CLERK OFCOURTS / z , STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis Kevin Guthrie Governor Director June 22, 2021 Rachel Hansen Grants Coordinator Collier County 3339 East Tamiami Trail Building H — Suite 211 Naples, Florida 34112 Re: Project Number: 4337-295-R— Modification #1 — Collier County, North Collier Regional Park, Generators Dear Rachel Hansen: Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract modification number (One) (Contract#H0390) between Collier County and the Division of Emergency Management. Please email all Requests for Reimbursement (Attachment D) to the project manager at Carmen.Acostaem.myflorida.com. The Project Manager for this contract is: Carmen Acosta, Project Manager Florida Division of Emergency Management 2702 Directors Row Orlando, Florida 32809 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 DN:cn=Mes E. ,o=DEM, = email=Miles il .a Enderson@eAndersonm.myfloridoa.comMitigation,c=US Date:2021.06.24 12:09:51-04'00' 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 1604 Contract Number: H0390 Project Number. 4337-295-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 H0390, dated March 23, 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 S1.275,000.00, in Federal Funds; and WHEREAS, the Agreement shall expire on October 31, 2021; and WHEREAS, the Division and the Sub-Recipient desire to extend the terms of the Agreement, modify the Scope of Work. and decrease funding by S249,204.00 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 23, 2020 and shall end October 31, 2022, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 2. The Agreement is amended to decrease the Federal Funding by $249,204.00, for the maximum amount payable under the Agreement to $1,025,796.00, (One Million Twenty- Five Thousand Seven Hundred Ninety-Six Dollars and No Cents). 3. The Budget and Scope of Work, Attachment A to this Agreement, are hereby modified as set forth in 1st 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. 1604 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: t€11A4V'' Name and Title: 1R),(0., G a' IQ11411 i OCR ewile Date: 1' .A) l 1 , t al)\ STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Digitally signed by Mlles E.Anderson Miles E. Anderson DN:cn=Miles E.Anderson,o=OEM,oa7Mitigation, email=Mllesanderson aem.myflorda.com,cUS By: _ Date:2021.06.24 12:10:13-04'00' Name and Title: Jared Moskowitz. Director Date: 06/24/2021 \ppro‘al as to form and Irgality :\1-fEiS1 CRY,STAI k KINZEL.CLERK 4fl'^\ lid : ,C A Q09?tans County Au ,pry V \6 • Mesta. t t an's sigr.atui�e only. . I 6 0 4 Attachment A (1st Revision) Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to provide protection to the North Collier Regional Park, in Naples, Collier County, Florida. funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-295-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 Recreation Building located at the North Collier Regional Park at 15000 Livingston Road. Naples, Florida 34109. Coordinates. (26.264214, -81.749549). The HMGP project shall provide protection to the North Collier Regional Park by the installation of a 1,500kW permanent generator at the Recreation Building, 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 generator will be installed on a concrete pad. The generator will allow for continuous operation of this critical facility in its role as a pet friendly as well as special needs shelter for over 500 county residents. The facility also shelters first responders and recovery personnel that utilize the facility as a base of operations for food and water distribution, critical information updates, health care, cooling areas and charging stations for the northern part of the county. The generator(s) shall be protected against a 500-year flood event by implementing specific activities or by locating the generator(s) 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, 16 4 equipment, tools, transportation and supervision and for performing all work per sealed 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. 1604 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 compliance 1604 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 backup power to the North Collier Regional Park located at 15000 Livingston Road, Naples, Florida 34109, by installing a 1,500kW permanent generator at the Recreation Building. 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. 4) The Sub-Recipient shall submit a final copy of any electrical designs, specifications and/or drawings elaborated to complete the job. 1604 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 generator is supporting a critical action and must be protected to the 500 year (0.2(Yo 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. 2) The Division and FEMA shall approve a change in the scope of work in advance, regardless of the budget implementations. 1604 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. No monitoring is required. This is FEMA project number 4337-295-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 October 11, 2019: this Agreement was executed on March 23, 2020; and the Period of Performance for this project shall end on October 31, 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. 1604 SCHEDULE OF WORK State and Local Contracting: 5 Months Design /Permitting: 9 Months Bidding and Contracting: 7 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: $789,250.00 $591,937.50 $197,312.50 Labor: $450,000.00 $337,500.00 $112,500.00 Fees: $128,478.00 $96,358.50 $32,119.50 Initial Agreement Amount: 51,367,728.00 $1,025,796.00 $341,932.00 ***Contingency Funds: $0.00 $0.00 $0.00 Project Total: $1,367,728.00 $1,025,796.00 $341,932.00 *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 SO 00 Funding Summary Federal Share: $1,025,796.00 (75.00%) Non-Federal Share: $341,932.00 (25.00%) Total Project Cost: $1,367,728.00 (100.00%)