Backup Documents 07/13/2004 Absentia
BCC BACKUP
JULY 13,2004
BCC IN ABSENTIA
(COUNTY MGR APPROVED)
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
July 13, 2004
9:00 AM
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chairman, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF
THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES
THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK
TO THE BOARD AT THE BOARD MINUTES AND RECORDS
DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT
ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH
EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR
TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC
PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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July 13, 2004
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ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
3. SERVICE AWARDS
4. PROCLAMATIONS
5. PRESENTATIONS
6. PUBLIC PETITIONS
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
9. BOARD OF COUNTY COMMISSIONERS
10. COUNTY MANAGER'S REPORT
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
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July 13, 2004
14. AIRPORT AUTHORITY AND/OR BAYSHORE GATEWAY TRIANGLE
COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
B. TRANSPORTATION SERVICES
c. PUBLIC UTILITIES
D. PUBLIC SERVICES
E. ADMINISTRATIVE SERVICES
F. COUNTY MANAGER
1) Approval of Budget Amendments
Approved - Jim Mudd BCC County Manager in BCC Absentia-
Item will also be indicated on BCC Agenda July 27, 2004
2) Approve a Grant Between the Florida Department of
CommunityAffairs and Collier County Accepting $202,647 to Fund
Homeland Security and Emergency Preparedness Programs,
Initiatives, and Approve a Budget Amendment to Recognize and
Appropriate Revenue.
Approved - Jim Mudd BCC County Manager in BCC Absentia-
Item will also be indicated on BCC Agenda July 27, 2004
3) Approve Agreement #05PC-Il-09-2l-0l-000 Between the State of
Florida, Department of Community Affairs and Collier County in the
Amount of $8,330 for the Preparation of Hazards Analysis Report for
Thirty-one (31) Facilities within Collier County and Approve a
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July 13,2004
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Budget Amendment to Recognize and Appropriate Revenue.
Approved - Jim Mudd BCC County Manager in BCC Absentia-
Item will also be indicated on BCC Agenda July 27, 2004
G. AIRPORT AUTHORITY AND/ORBAYSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
K. COUNTY ATTORNEY
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDA TION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE
QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN
IN.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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July 13, 2004
Page 1 of 1
Patricia L. Morgan
From: Brock, Mary
Sent: Friday, July 16, 2004 9:26 AM
To: Mudd, James; lehnhard_p; White, Greer; Carnell, Steve; Minutes and Records
Subject: Items approved in the Board's absence
Good morning,
Below is a complete listing of the items that were approved in the Board's absence, and will appear on the July 27
BCC agenda, under Item 16F1. Any questions, give me a call. Thanks, Mary-Jo
1. Approval of Budget Amendments.
2. Approve a Grant Agreement between the Florida Department of Community Affairs and Collier County
accepting $202,647 to fund Homeland Security and Emergency Preparedness Programs and Initiatives, and
approve a budget amendment to recognize and appropriate revenue.
3. Approve Agreement #05PC-11-09-21-00-000 between the State of Florida, Department of Community Affairs
and Collier County in the amount of $8,330 for the preparation of Hazards Analysis Reports for thirty-one (31)
facilities within Collier County and approve a budget amendment to recognize and appropriate revenue.
4. Request for the Board of County Commissioners to terminate a contract for the construction of the South
County Regional Water Treatment Plant (Contract #01-3194).
7/16/2004
Page 1 of 1
Patricia L. Morgan
From: Brock, Mary
Sent: Friday, July 16, 2004 9:42 AM
To: Brock, Mary; Mudd, James; lehnhard_p; White, Greer; Carnell, Steve; Minutes and Records
Subject: RE: Items approved in the Board's absence
Sorry. With reference to Item #3, the Agreement number is: 05PC-11-09-21-01-000.
Thanks!
MJ
-----Original Message-----
From: brock_m
Sent: Friday, July 16, 2004 9:26 AM
To: mUdd-J; lehnhard_p; white_greer; carnelLs; Minutes and Records
Subject: Items approved in the Board's absence
Good morning,
Below is a complete listing of the items that were approved in the Board's absence, and will appear on the
July 27 BCC agenda, under Item 16F1. Any questions, give me a call. Thanks, Mary-Jo
1. Approval of Budget Amendments.
2. Approve a Grant Agreement between the Florida Department of Community Affairs and Collier County
accepting $202,647 to fund Homeland Security and Emergency Preparedness Programs and Initiatives,
and approve a budget amendment to recognize and appropriate revenue.
3. Approve Agreement #05PC-11-09-21-00-000 between the State of Florida, Department of Community
Affairs and Collier County in the amount of $8,330 for the preparation of Hazards Analysis Reports for
thirty-one (31) facilities within Collier County and approve a budget amendment to recognize and
appropriate revenue.
4. Request for the Board of County Commissioners to terminate a contract for the construction of the
South County Regional Water Treatment Plant (Contract #01-3194).
7/1612004
16F2
Contract Number: 05DS-.Jd.. -09-21-01-..d.zt~
CFDA Number: 97.004
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and Collier County (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, the Department has received these grant funds from the federal government, and
has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set
forth; and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
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This Agreement shall begin July 1, 2004 and shall end September 30, 2005, unless
terminated earlier in accordance with the provisions of paragraph (9) of this Agreement.
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(4) MODIFICATION OF CONTRACT: REPAYMENTS
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
Changes to the amount of funding to be provided may be accomplished by notice from
the Department to the Recipient, in the form of certified mail, return receipt requested. The Department
may make an award of additional funds by subsequent Award Letter certified mail, return receipt
requested, to the Recipient's contact identified in Paragraph (10), below. Should the Recipient determine
it does not wish to accept the award of additional funds, then the Recipient shall provide notice to the
Department contact within thirty (30) days of receipt of the Award Letter. Otherwise, the Recipient shall
provide to the Department its written notice of acceptance within forty-five (45) days of receipt of the
Award Letter. The terms of this Agreement shall be considered to have been modified to include the
additional funds upon the Department's receipt of the written notice of acceptance and receipt of a budget
form which details the proposed expenditure of the additional funds. The budget form will be provided by
the Department when the offer of additional funds is made.
Notwithstanding the foregoing, any budget changes which do not increase the overall
cost of the project or change the Scope of Work do not require a written modification to this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
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(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal ·Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMS Circular No. A-110, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-8?, "Cost
Principles for State and Local Governments," OMB Circular No. A-21 , "Cost Principles for Educational
Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow
the Department or its designee, Comptroller, or Auditor General access to such records upon request.
The Recipient shall ensure that audit working papers are made available to the Department or its
designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit
report is issued, unless extended in writing by the Department, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration ofthe five year
period and extends beyond the five year period, the records will be maintained until all litigation, claims or
audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years
after closing of title.
(c) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work
- Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
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to the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(6) REPORTS
(a) At a minimum, the Recipient shall provide the Department with semi-annual reports,
and with a close-out report.
(b) Semi-annual reports are due to be received by the Department no later than 30 days
after the end of each reporting period of the program year and shall continue to be submitted each period
until submission of the administrative close-out report. The ending dates for each period of the program
year are June 30 and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or upon
completion of the activities contained in this Agreement.
(d) If all required reports and copies, prescribed above, are not sent to the Department or
are not completed in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such other action as set forth in paragraph (9). The
Department may terminate the Agreement with a Recipient if reports are not received within 30 days after
written notice by the Department. "Acceptable to the Department" means that the work product was
completed in accordance with generally accepted principles and is consistent with the Budget and Scope
of Work.
(e) Upon reasonable notice, the Recipient shall provide such additional program updates
or information as may be required by the Department.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure
that time schedules are being met, the Budget and Scope of Work is being accomplished within specified
time periods, and other performance goals are being achieved. Such review shall be made for each
function or activity set forth in Attachment A to this Agreement. In addition, the Department will monitor
the performance and financial management by the Recipient throughout the contract term to ensure
timely completion of all tasks.
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In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised (see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited to,
on-site visits by Department staff, limited scope audits as defined by OMS Circular A-133, as revised,
and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate
with any monitoring procedures/processes deemed appropriate by the Department. In the event that the
Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to
comply with any additional instructions provided by the Department to the Recipient regarding such audit.
The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or
audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor
the performance and financial management by the Contractor throughout the contract term to ensure
timely completion of all tasks.
(8) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms
of this agreement, and shall save the Department harmless against all claims of whatever nature by third
parties arising out of the performance of work under this agreement. For purposes of this agreement,
Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28, Fla. Stat.. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Department, and
agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is
intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity
applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(9) DEFAULT: REMEDIES: TERMINATION.
(a) If the necessary funds are not available to fund this agreement as a result of action
by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and
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Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the
Department to make any further payment of funds hereunder shall, if the Department so elects, terminate
and the Department may, at its option, exercise any of its remedies set forth herein, but the Department
may make any payments or parts of payments after the happening of any Events of Default without
thereby waiving the right to exercise such remedies, and without becoming liable to make any further
payment:
1. If any warranty or representation made by the Recipient in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, or if
the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous agreement with the Department and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in any
reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of the
services required under the Budget and Scope of Work attached hereto as Attachment A.
5. If the Recipient fails to comply with the requirements of statutory objectives of
Federal laws or regulations.
(b) Upon the happening of an Event of Default, then the Department
may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the
Recipient's failure to timely cure, exercise anyone or more of the following remedies, either concurrently
or consecutively, and the pursuit of anyone of the following remedies shall not preclude the Department
from pursuing any other remedies contained herein or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty
(30) days prior written notice of such termination. The notice shall be effective when placed in the United
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States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to
the address set forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce peñormance of
this Agreement;
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the
amount of costs incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies which may be otherwise available under
law;
(c) The Department may terminate this Agreement for cause upon such written notice as
is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Fla. Stat., as amended.
(d) In addition to any other remedies, the Recipient shall return to the Department any
funds which were used for ineligible purposes under the program laws, rules, and regulations governing
the use of the funds under the program.
(e) The Department may terminate this Agreement at any time if the Recipient refuses to
fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty
(30) calendar days prior written notice of its intent to terminate pursuant to this provision and shall provide
the Recipient an opportunity to consult with the Department regarding the reason(s) for termination.
(f) The Department may terminate this Agreement for its convenience by providing the
Recipient with thirty (30) calendar days prior written notice.
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(g) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish the effective date of
the termination and the procedures for proper closeout of the Agreement.
(f) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the
exact amount of damages due the Department from the Recipient is determined.
(10) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The Department designates Paula Churchwell, Division of Emergency Management,
as the Department's Contract Manager_ All communications, written or oral, relating to this Agreement
shall be directed to her at:
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850/413-9942
Fax: 850/488-7842
Email: Paula.Churchwell@dca_stateJLus
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Dan E. Summers, CEM
Director, Emergency Management
3301 East Tamiami Trail
Naples, FL
Telephone: 239/774-8444
Fax: 239/775-5008
Email: dansummers@colliergov_net
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (10)(a) above_
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(11) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to fulfill
the requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any power of approval or
disapproval granted to the Department under the terms of this Agreement shall survive the terms and life
of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336,42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
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to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
or discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency, and
which receives funds under this Agreement from the federal government, by signing this Agreement, the
Recipient certifies, to the best of its knowledge and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract
under public transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
11 (g)2. ofthis certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any ofthe statements in this certification, such
Recipient shall attach an explanation to this Agreement.
(12) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
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(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMS Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMS Circular A-133, as revised. EXHIBIT 1 to this Agreement
indicates Federal resources awarded through the Department by this Agreement. In determining the
Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMS Circular A-133, as
revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMS Circular A-133, as revised, will meetthe requirements of this paragraph.
In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular
A-133, as revised.
If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMS Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of
the audit must be paid from non-Federal resources (Le., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMS Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
.320 (d), OMB Circular A-133, as revised, by or on behalf ofthe Recipient directlv to each of the following:
11
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The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
(program office)
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised,
and any management letter issued by the auditor, to the Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
(Refer to Attachment A - Scope of Work)
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted to the
Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
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(h) Recipients, when submitting financial reporting packages to the Department for
audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the Recipient in correspondence accompanying the reporting
package.
(i) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this agreement for a period of five years from the date the audit report is issued, and shall allow
the Department, or its designee, the Comptroller, or Auditor General access to such records upon
request. The Recipient shall ensure that audit working papers are made available to the Department, or
its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the
audit report is issued, unless extended in writing by the Department.
(j) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
(k) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this Agreement for a period of five years after the date of
submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the
expiration of the five-year period, the records shall be retained until the litigation or audit findings have
been resolved.
(I) The Recipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under
Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above.
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within thirty (30) days after
execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor
13
16F2
is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the
Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
(14) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties_
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency_
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Copyrights, Patents and Trademark
Attachment D - Assurances
Attachment E - Advance Justification
Attachment F - Warranties and Representations
(16) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $202,647
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to s. 216.181(16), Florida
Statutes_ The amount which may be advanced may not exceed the expected cash needs of the
Recipient within the first three (3) months of the contract term. For a federally funded contract, any
advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash
Management Improvement Act of 1990. If an advance payment is requested, the budget data on which
the request is based and a justification statement shall be included in this Agreement as Attachment E.
Attachment E will specify the amount of advance payment needed and provide an explanation of the
necessity for and proposed use of these funds_
1.
xx
No advance payment is requested_
An advance payment of $
is requested.
2_
14
-.-..--
~--.-,--
16F2
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(b) If otherwise allowed under this Agreement, the Agreement may be renewed on a
yearly basis for a period that may not exceed two (2) years or for a period no longer than the term of the
original agreement, whichever period is longer, specifying the terms under which the cost may change as
determined in the pertinent statutes or regulations.
(c) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with Section 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with this Agreement.
(f) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(g) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
(AINA@)]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions
15
16F2
contained in Section 274A(e) ofthe INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
(18) LOBBYING PROHIBITION.
(a) No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representative of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
16
16F2
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
(19) COPYRIGHT, PATENT AND TRADEMARK
If applicable to this Agreement, refer to Attachment C for terms and conditions relating to
copyrights, patents and trademarks.
(20) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms ofthis Agreement.
(21) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment D.
(22) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant
to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment{s) from a state agency may receive
assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's
Hotline at 1-800-848-3792.
(23) DEBARMENT. SUSPENSION. AND OTHER RESPONSIBILITY MATTERS (DIRECT
RECIPIENTI
As required by Executive Order 12549, Debarment and Suspension, and implemented at
28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part
67, Section 67.510
(a) The applicant certifies that it and its principals:
17
16F2
(1) Are not presently debarred suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department or agency;
(2) Have not within a three-year period preceding this application been convicted
of or had a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a
government entity, (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1 )(b) of this certification;
(4) Have not within a three-year period preceding this application had one or
more public transactions (Federal, State, or local) terminated for cause or default; and
(b) Where the applicant is unable to certify to any of the statements in this certification, he
or she shall attach an explanation to this application,
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized_
COLLIER COUNTY
UNTY COMMISSIONERS
STATE OF FLORIDA, DEPARTMENT
COMMCZ~RS -"-
By: Li~
Name & Title;~íl.ÁI.h>, 'Ðiv.,\u)j f;:'(
Date: _'\1 \!Jv\
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ATTEST: DwìghtE, Brock,·Drerk
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SAMAS # 52-2~Z53 EJ06g~%2600000-00-03000000
FID # 59-60000558
Approved as to Form and Legal Sufficiency:
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ssistant C un Attorney
18
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EXHIBIT 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
NOTE: If the resources awarded to the recipient represent more than one Federal program, provide
the same information shown below for each Federal program and show total Federal resources
awarded.
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) -
Federal Department of Homeland Security - Office of Domestic Preparedness
97.004 - ODP 2004, Part 1
$202,647
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT
TO THIS AGREEMENT ARE AS FOLLOWS:
NOTE: If the resources awarded to the recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
For the purposes of this Agreement, planning, training, equipment, and EOC enhancements will be
developed in accordance with the Homeland Security Strategy Grant Program (HSGP)
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
SUBJECT TO SECTION 215.97. FLORIDA STATUTES: N/A
NOTE: If the resources awarded to the recioient reoresent more than one State oroiect. orovide the
same information shown below for each State oroject and show total state financial assistance
awarded that is subject to Section 215.97. Florida Statutes.
State Project (list State awarding agency, Catalog of State Financial Assistance title and number) -
$ (amount)
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
NOTE: List applicable compliance requirements In the same manner as illustrated above for Federal
resources. For matching resources provided by the Department of AABC@ for Federal programs, the
requirements might be similar to the requirements for the applicable Federal programs. Also, to the
extent that different requirements pertain to different amounts of the non-Federal resources, there
may be more than one grouping (i.e., 1,2,3, etc.) listed under this category.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be
provided to the recipient.
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ATTACHMENT A
Budget and Scope of Work
Proposed Budget
The Recipient is required to provide budget detail worksheets to account for the full allocation of these
funds. As outlined in the proposed budget detail worksheet below and the attached scope of work, the
funds are to be used for:
* Total Available
I
Admin Ex enses
EOC Assessment
28,821. Purchase of Equipment based on ;¿8,821
the EOC Assessment
$29,590 Subtotal ¿9 590
77,550.
20,000.
15,185. 15 185
3,009. 3,009
$115,744 Subtotal
1,184. Sup lies 1,184
590, Admin Expenses
9,500. Contractual Sew Analysis & Dev
Exercise Plan 9 500
2,500, Travel I 2,500
9,000. Backfill/ equipment I 9,000
$22,774 Subtotal 22 774
7,500. Training Backfill! Contractual Serv. 1 500
898. Admin Expenses 898
14,000. GIS/Risk Map Trainin 14,OUO
4,000. CERT Kits / Sup lies 4 000
1,500. Temporary Clerical 1,500
6,641. Travel/ Trainin 6,641
$34,539 S u btota I 4.,51Q
$202,647. Total of Categories I 202,647
5,266.
7. EOC Enhancements
* Total Available
6. Local Planning
* Total Available
57. Local Exercises
* Total Available
8. All Discipline Training
Administrative Expenses
(Not to exceed 2.6% of total
$202· b47·
>,~".".. .' ..", --'.. ,....,...
* Up to 2.6% of the total funding available for each category may be utilized for administrative purposes.
Should Recipient choose not to retain funds for this purpose, those funds may be applied to the project
categories as shown.
20
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Scope of Work
Funding is provided to peñorm eligible activities as identified in the Office for Domestic Preparedness
(ODP) Fiscal Year 200412005 State Homeland Security Grant Program (SHSGP), consistent with the
Department of Homeland Security State Homeland Strategy. Eligible activities are outlined in the Scope
of Work for each category below.
I. Categories
7. EMERGENCY OPERATIONS CENTER IEOC) ENHANCEMENTS
1. Eliaible Activities
a. Projects to be accomplished with funds provided during the contract period may include,
but are not limited to the following:
1) EOC Assessment using the Homeland Security Comprehensive Assessment Model
(HLS CAM)
2) Assess the EOC for Security and Operational deficiencies
3) This assessment is to be peñormed by trained representatives from the Regional
Domestic Security Task Force (RDSTF)
b. Purchase Equipment based on the EOC Assessment
1) For a detailed list of ODP approved physical security equipment, visit
http://floridadisaster.ora/DEMproarams. htm
2) Allowable equipment purchase include, but are not limited to, the following:
a) Call Notification Systems
b) EOC Software
c) Physical Security Equipment
d) Video Conferencing Capabilities compatible with the Homeland Security system
e) Video Downlink Receivers
3) Items purchased must be consistent with State guidance.
2. Report Proiect Items
a. Completed EOC Assessment
b. List of equipment purchased including the cost of each item
3. EOC Enhancements Proarammatic Point of Contact
Specific programmatic questions pertaining to the EOC Enhancements portion of this contract
should be addressed to:
Chuck Hagan
850-410-1263
Charles.haaan@dca.state.fl.us
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6. LOCAL PLANNING
1. Eliaible Activities
Projects to be accomplished with funds provided during the contract period may include, but
are not limited to the following:
a. Continuity of Operations (COOP) Plannina
Expand the Scope of an existing COOP utilizing the County COOP crosswalk (this
document is available for download at http://floridadisaster.ora/DEMDroarams.htm), for
example:
1) Information Technology, Agencies/Jurisdictions Identified within local CEMP
2) Integration of Plans
a) National Response Plan (NRP)
b) National Incident Management Plan (NIMS)
*The adoption of NIMS is required by September 30, 2005, per the most current
Department of Homeland Security Guidance.
3) Protocols, Procedures to Implement COOP
If the County elects to provide funding from this agreement to other jurisdictions, the
County is responsible for reviewing and approving these jurisdictions' COOP(s) using the
criteria in the County COOP crosswalk.
b. Terrorism Incident Response Annex
Expand the Scope of existing County Terrorism Incident Response Annexes using the
criteria in the Terrorism Annex crosswalk (this document is available for download at
http://fIoridadisaster.oraIDEMproarams.htm), for example:
1) National Incident Management System (NIMS)
*The adoption of NIMS is required by September 30, 2005, per the most current
Department of Homeland Security Guidance.
2) National Response Plan (NRP)
3) Integration of Documents (Local Standard Operating Procedures and/or Standard
Operating Guidelines integrated, updated)
c. Intearation of Local Plans and Standard Operatina Guidelines to Support Reaional
Plannina
1) Integrate local domestic security capabilities and enhancements into the Regional
Domestic Security Task Force (RDSTF) Planning Process and Mutual Aid
2) Consistent with RDSTF Template
d. Countv Comprehensive Emeraencv Manaaement Plan (CEMP)
Enhance County CEMP to reflect the following, while utilizing the CEMP crosswalk (this
document is available for download at http://floridadisaster.oraIDEMproarams.htm):
1) Homeland Security Assumptions and Updates (NIMS, NRP, State CEMP)
2) Integration with Municipal, Regional and State Domestic Security Procedures
3) Reflect the Enhancement of LocallRegional Capabilities (Equipment, Training,
Domestic Security Teams, and Exercises)
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e. Conduct Vulnerabilitv Assessments
1) Utilizing the Homeland Security Comprehensive Assessment Model (HLS CAM),
identify critical infrastructure protection projects
2) Identify Capabilities/Shortfalls/Capacity in coordination with the RDSTF
f. Additional Eliaible Costs
1) Hiring of full or part-time staff or contractors/consultants to assist with any of the
above activities (not for the purpose of hiring public safety personnel)
2) Conferences to facilitate activities listed above
3) Materials required to conduct activities listed above
4) Travel/per diem related to above activities
2. Report Project Items
Draft plans must be submitted no later than close of business June 30, 2005 for the Division
of Emergency Management's review and approval (a draft is not necessary for vulnerability
assessments). For the CEMP, COOP plans and Terrorism Annexes, a completed crosswalk
must be submitted with drafts and final documents.
a. Continuitv of Operations (COOP) Plannina
1) Copy of sub-contract, if applicable
2) If the County has contracted with a Municipality, provide a copy of an approval letter
for the Municipality COOP plan(s)
3) Final Continuity of Operations Plan submitted with completed crosswalk
b. Terrorism Incident Response Annex
Final Terrorism Incident Response Annex submitted with a completed crosswalk
c. Countv Comprehensive Emeraencv Manaaement Plan (CEMP)
1) Submit a completed crosswalk
2) Provide DEM with the CEMP's updated sections
d. Vulnerabilitv Assessments
1) List of completed assessment
2) Copy of vulnerability report
3. Plannina Proarammatic Point of Contact
Specific programmatic questions pertaining to the Planning portion of this contract should be
addressed to:
Scott Nelson
850-413-9896
Scott.nelson@dca.state.fI.us
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57. LOCAL AND REGIONAL EXERCISES
1. Eliaible Activities
a. Exercises conducted with ODP grant funds must be managed and executed in
accordance with ODP's Homeland Security Exercise and Evaluation Program (HSEEP).
These manuals are located online at httD:/IWWW.oip.usdoi.aov/odD/docs/hseeD.htm and at
httD:/Ifloridadisaster.ora/DEMDroarams.htm.
b. Projects to be accomplished with funds provided during the contract period may include,
but are not limited to the following:
1) TVDes of Exercises
a) Tabletop Exercises (Multi-Disciplinary)
b) Functional Exercises (Multi-Disciplinary)
c) Full Field Exercises (Multi-Disciplinary)
$ Exercise Continuity of Operations (COOP) plan(s)
$ Exercise the National Incident Management System (NIMS) plan
$ Executive Level Exercises
$ Exercise the Integrated Communication and Information Technology
$ Exercise Terrorism Incident Response Annex
2) Additional Eliaible Costs
a) Implementation of the HSEEP
b) Hiring of full or part-time staff or contractors/consultants to assist with any of the
above activities (not for the purpose of hiring public safety personnel).
c) Conferences to facilitate activities listed above
d) SupplieslMaterials required to conduct activities listed above
e) Travel/per diem related to above activities
1) Overtime/Backfill Costs
g) Other Items - Rental of Space/Locations for exercise planning, exercise signs,
badges, etc.
2. Report Proiect Items
a. Provide a copy of the sub-contract, if applicable.
b. Prior to the exercise, provide DEM with exercise plans.
c. Completed Roster
d. After Action Reports must be provided to DEM within 30 days following the completion of
each exercise conducted.
3. Exercise Proarammatic Point of Contact
Specific programmatic questions pertaining to the Exercise portion of this contract should be
addressed to:
Connie Nunn
850-413-9877
Connie.n unn@dca.state.fI.us
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8. All DISCIPLINE TRAINING
1. Eliaible Activities
Training to be accomplished with funds provided during the contract period may include, but
are not limited to the following:
a. Disciplines Selected for Training
1) Law Enforcement
2) Fire/Rescue
3) Emergency Medical Services (EMS)
4) Emergency Management (EM)
5) Public Safety Communications (911)
6) Private Sector
7) Public Works
(Note: Training for specialized teams and health/hospitals is being funded from other
sources.)
b. Types of Training
All non-ODP training courses must receive prior approval through the State
Administrative Agency (Division of Emergency Management) who will seek concurrence
from the Department of Homeland Security. A complete listing of ODP approved courses
is located online at http://www.oip.usdoLaov/odp/docs/coursecataloa.Ddf. For more
information on training, visit http://floridadisaster.oraIDEMproarams.htm.
1) Positional and Advanced Incident Command System (ICS)
2) National Incident Management System (NIMS)
3) Field Operations Guide (FOG)
4) Train-the- Train er
5) Mutual AidlDeployment
6) All ODP or other Federally Approved Courses
7) Protect Critical Infrastructure Initiative (PCII)
8) Regional Domestic Security Task Force (RDSTF) Response Procedures
9) Homeland Security Community Assessment Model (HLS CAM)
10) Homeland Security Exercise and Evaluation Program (HSEEP)
11) Continuity of Operations (COOP)
c. Additional Eligible Training Costs
1) Travel/Per Diem
2) Training Materials/Supplies
3) Instructor Fees
4) Rental of SpacelLocations
5) OvertimelBackfill
2. Report Project Items
a. Copy of Agenda
b. Provide the number of students trained, per component; the course name and level
c. Course curriculum, if course is not a federally approved course
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3. Trainina Proarammatic Point of Contact
Specific programmatic questions pertaining to the Training portion of this contract should be
addressed to:
Bill Firestone
850-413-0260
William. firestone@dca.state.fI.us
II. Unauthorized Expenditures
Unauthorized program expenditures are applicable to each selected activity (-ies) and include:
A. Expenditures for items such as general-use software (word processing, spreadsheet, graphics,
etc.)
B. General-use computers and related equipment
C. General-use vehicles
D. Licensing fees
E. Weapons systems and ammunition
F. Activities unrelated to the completion and implementation of the State Homeland Security
Program (SHSP)
G. Construction or renovation of facilities
H. Recurring Costs
III. Reportina Reauirements
Reporting requirements are applicable to each selected activity (-ies)
A. Programmatic Reporting:
The Financial History Report/Status Report is due within 30 days after the end of the reporting
periods (June 30 and December 31) for the life of this contract. If a report(s) is delinquent, future
financial reimbursements will be withheld until the County's reporting is current.
The Close-out Report is due to FDEM no later than 60 days after the contract is either completed
or expired.
1 . Reportina Schedule
Reporting Period Report due to DEM no later than
January 1 through June 30 July 31
July through December 31 January 31
2. Financial Historv Report/Status Report may be mailed to:
Ms. Paula Churchwell, Program Manager
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
B. Report Project Items - As applicable to selected activity (-ies)
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ATTACHMENT B
Program Statutes and Regulations
1) 53 Federal Register 8034
2) Federal Acquisition Regulations 31.2 and 031.2
3) Section 1352, Title 31, US Code
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ATTACHMENT C
Copyright, Patent and Trademark
(a) If the Recipient brings to the peñormance of this Agreement a pre-existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright
unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a result of
work or services peñormed under this Agreement, or in any way connected herewith, the Recipient shall
refer the discovery or invention to the Department for a determination whether patent protection will be
sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with
the peñormance of this Agreement are hereby reserved to the State of Florida. In the event that any
books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Department. Any and all copyrights accruing under or in connection with the peñormance under this
Agreement are hereby transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the peñormance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such
property exists. The Department shall then, under Paragraph (b), have the right to all patents and
copyrights which occur during peñormance of the Agreement.
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ATTACHMENT D
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMS Circulars No. A-21 , A-110, A-122, A-128, A-87; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted
project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed
in whole or in part by Federal grants. (5 USC 1501, et seq.)
3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment ofthe project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EP A.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
29
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Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Reviewof Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non-cliscrimination requirements ofthe
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
30
16F2
ATTACHMENT E
Advance Just"f" .
I Icatlon
31
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ATTACHMENT F
Warranties And Representations
Financial Management
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this federally-sponsored
project or program in accordance with the reporting requirements set forth in Section _.52
of OMC Circular A-11 O.
(2) Records that identify adequately the source and application of funds for all federally-
sponsored activities. These records shall contain information pertaining to Federal awards,
authorizations, obligations, unobligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall adequately safeguard all such assets and assure that they are used solely for
authorized purposes.
(4) Comparison of outlays with budget amounts for each award. Whenever appropriate, financial
information should be related to peñormance and unit cost data.
(5) Written procedures to minimize the time elapsing between the transfer of funds to the
Recipient from the U.S. Treasury and the issuance or redemption of checks, warrants or
payments by other means for program purposes by the Recipient. To the extent that the
provisions of the Cash Management Improvement Act (CMIA) (Pub. L. 101-453) govern,
payment methods shall be consistent with CMIA Treasury-State Agreements or the CMIA
default procedures codified at 31 CFR part 205, "Withdrawal of Cash from the Treasury for
Advances under Federal Grant and Other Programs."
(6) Written procedures for determining the reasonableness, allocability and allowability of costs
in accordance with the provisions of the applicable Federal cost principles and the terms and
conditions of the award.
(7) Accounting records, including cost accounting records that are supported by source
docu mentation.
Competition.
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition. The Recipient shall be alert to organizational conflicts of interest as well as
noncompetitive practices among contractors that may restrict or eliminate competition or otherwise
restrain trade. In order to ensure objective contractor peñormance and eliminate unfair competitive
advantage, contractors that develop or draft specifications, requirements, statements of work, invitations
for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards
shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most
advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set
forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by
the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so.
Codes Of Conduct.
The Recipient shall maintain written standards of conduct governing the peñormance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by Federal funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for
an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subagreements. However,
Recipients may set standards for situations in which the financial interest is not substantial or the gift is an
unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to be
applied for violations of such standards by officers, employees, or agents of the Recipient.
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Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from at least 9:00 am to 5:00 pm, Monday through Friday.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
33
Contract Number: 05CP-11-09-21-01-029
16F3
CSFA Number: 52.023
STATE-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and Collier County, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein: and
B. WHEREAS, the Department has received these funds from the State of Florida, and has the
authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully peñorm the obligations in accordance with the Compensation
and Financial Reporting Requirements, Attachment A of this Agreement, and the Scope of Work and
Schedule of Payments, Attachment B of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin July 1, 2004 and shall end June 30, 2005 unless terminated
earlier in accordance with the provisions of paragraph (9) of this Agreement.
(4) MODIFICATION OF CONTRACT: REPAYMENTS.
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
16F3
In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department
for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(5) RECORDKEEPING.
(a) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow
the Department or its designee, Comptroller, or Auditor General access to such records upon request.
The Recipient shall ensure that audit working papers are made avaifable to the Department or its
designee, Comptroller, or Auditor" General upon request for a period of five years from the date the audit
report is issued, unless extended in writing by the Department, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five year period, the records will be maintained untif all litigation, claims or
audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for five years after final disposition.
after closing of title.
3. Records relating to real property acquisition shall be retained for five years
(b) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Scope of Work and
Schedule of Payments - Attachment B - and all other applicable laws and regulations.
(c) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(6) REPORTS.
(a) If all required reports and copies are not sent to the Department or are not completed
in a manner acceptable to the Department, the Department may withhold further payments until they are
completed or may take such other action as set forth in paragraph (9). The Department may terminate
the Agreement with a Recipient if reports are not received within 30 days after written notice by the
Department. "Acceptable to the Department" means that the work product was completed in accordance
with generally accepted principles and is consistent with the Compensation and Financial Reporting
Requirements (Attachment A) and the Scope of Work and Schedule of Payments (Attachment B).
(b) Upon reasonable notice, the Recipient shall provide such additional program updates
or information as may be required by the Department.
(7) MONITORING.
The Recipient shall constantly monitor its peñormance under this Agreement to ensure that time
schedules are being met and Scope of Work is being accomplished within specified time periods, and
other peñormance goals are being achieved. Such review shall be made for each function or activity set
forth in Attachments A and B to this Agreement. In addition, the Department will monitor the peñormance
and financial management by the Recipient throughout the contract term to ensure timely completion of
all tasks.
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In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and
Section 215.97, Florida Statutes (see "AUDIT REQUIREMENTS" below), monitoring procedures may
include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB
Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Department. In the event that the Department determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by the Department
to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General.
In addition, the Department will monitor the peñormance and financial management by the Contractor
throughout the contract term to ensure timely completion of all tasks.
(8) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely
responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save
the Department harmless against all claims of whatever nature by third parties arising out of the
performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is
not an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortuous acts which result in claims or suits against the Department, and
agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is
intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity
applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(9) DEFAULT: REMEDIES: TERMINATION.
(a) If the necessary funds are not available to fund this Agreement as a result of action
by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and
Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the
Department to make any further payment of funds hereunder shall, if the Department so elects, terminate
and the Department may, at its option, exercise any of its remedies set forth herein, but the Department
may make any payments or parts of payments after the happening of any Events of Default without
thereby waiving the right to exercise such remedies, and without becoming liable to make any further
payment:
1. If any warranty or representation made by the Recipient in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, or if
the Recipient shall fail to keep, observe or peñorm any of the terms or covenants contained in this
Agreement or any previous agreement with the Department and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder;.
2. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in any
reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to peñorm and complete in timely fashion any of the
services required under Attachment A (Compensation and Financial Reporting Requirements) and
Attachment B (Scope of Work and Schedule of Payments) attached hereto.
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(b) Upon the happening of an Event of Default, then the Department may, at its option,
upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to
timely cure, exercise anyone or more of the following remedies, either concurrently or consecutively, and
the pursuit of anyone of the following remedies shall not preclude the Department from pursuing any
other remedies contained herein or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty
(30) days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to
the address set forth in paragraph (10) herein;
this Agreement;
2. Commence an appropriate legal or equitable action to enforce peñormance of
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the
amount of costs incurred for any items determined to be ineligible;
law;
5. Exercise any other rights or remedies which may be otherwise available under
(c) The Department may terminate this Agreement for cause upon such written notice as
is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to peñorm in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Fla. Stat., as amended.
(d) In addition to any other remedies, the Recipient shall return to the Department any
funds which were used for ineligible purposes under the program laws, rules, and regulations governing
the use of the funds under the program.
(e) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the
exact amount of damages due the Department from the Recipient is determined.
(f) The Department may terminate this Agreement at any time if the Recipient refuses to
fulfill any of its obligations under this Agreement. Prior to termination, the department shall provide thirty
(30) calendar days prior written notice of its intent to terminate pursuant to this provision and shall provide
the Recipient an opportunity to consult with the Department regarding the reason(s) for termination.
(g) The Department may terminate this Agreement for its convenience by providing the
Recipient with thirty (30) calendar days prior written notice.
(h) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish the effective date of
the termination and the procedures for proper closeout of the Agreement.
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(10) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the Recipient's contact person. The
Recipient is required to provide the name of a contact person and contact information as provided for in
Attachment B, Section 1 (Scope of Work), Task 1.
(b) In the event that a different contact person, address or telephone number is
designated by the Recipient after execution of this Agreement, notice to the Department is required within
30 days and shall include the new contact's name, address, telephone number and E-mail address.
The representative of the Department responsible for administration of this agreement is:
Mr. Timothy Date
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 410-1272
Fax: (850) 488-1739
Email: tim.date@dca.state.fl.us
(11) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to fulfill
the requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict peñormance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any power of approval or
disapproval granted to the Department under the terms of this Agreement shall survive the terms and life
of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336,42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
5
for the construction or repair of a public building or public work. may not submit bids on leases of rea~ 6 F .3
property to a public entity, may not be awarded or peñorm work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
list or on the discriminatory vendor list.
(12) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a non-state entity as defined by Section 215.97, Fla. Stat., and in
the event that the Recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific
audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive
Office of the Governor and the Comptroller; and Chapters 10.550 (local government entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement
indicates State financial assistance awarded through the Department by this Agreement. In determining
the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State
financial assistance, including State funds received from the Department, other state agencies, and other
non-state entities. State financial assistance does not include Federal direct or pass-through awards and
resources received by a non-state entity for Federal program matching requirements.
In connection with the audit requirements addressed in paragraph 12(d) above, the
Recipient shall ensure that the audit complies with the requirements of §215.97(7), Fla. Stat. This
includes submission of a reporting package as defined by §215.97(2)(d), Fla. Stat. and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
If the Recipient expends less than $300,000 in State financial assistance in its fiscal year,
an audit conducted in accordance with the provisions of §215.97, Fla. Stat, is not required. In the event
that the Recipient expends less than $300,000 in state financial assistance in its fiscal year and elects to
have an audit conducted in accordance with the provisions of §215.97, Fla. Stat, the cost of the audit
must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the
Recipient's resources obtained from other than State entities).
(e) Report Submission
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement
number.
3. Copies of financial reporting packages required under this Paragraph 12 shall
be submitted by or on behalf of the Recipient directlv to each of the following:
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The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
And
Department of Community Affairs
Division of Emergency Management
Bureau of Compliance Planning and Support
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Any reports, management letter, or other information required to be submitted
to the Department pursuant to this Agreement shall be submitted timely in accordance with OMS Circular
A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to the Department
for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the Recipient in correspondence accompanying the reporting
package.
(f) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this agreement for a period of five years from the date the audit report is issued, and shall allow
the Department, or its designee, the Comptroller, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Department, or
its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the
audit report is issued, unless extended in writing by the Department.
(g) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
(h) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of five years after the date of
submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the
expiration of the five-year period, the records shall be retained until the litigation or audit findings have
been resolved.
(i) The Recipient shall have all audits completed in accordance with § 215.97, Fla. Stat.
by an independent certified public accountant (IPA) who shall either be a certified public accountant or a
7
,---~------_.."
16F3
public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with
the applicable provisions noted above.
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within thirty (30) days after
execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor
is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the
Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
(14) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Compensation and Financial Reporting Requirements
Attachment B - Scope of Work and Schedule of Payments
Attachment C - County Facilities Listing
Attachment D - Financial Invoice
Attachment E - Warranties and Representations
(16) FUNDING/CONSIDERATION.
(a) This is a fixed fee agreement. As consideration for peñormance of work rendered
under this Agreement, the Department agrees to pay a fixed fee of up to $8,330.00. Payment will be
made in accordance with the provisions of Attachment A (Compensation and Financial Reporting
Requirements). An invoice shall be submitted with each deliverable which is in detail sufficient for a
proper pre-audit and post-audit thereof.
(b) The sole intent of this Agreement is to provide financial assistance to the Recipient to
support the conduct of site-specific hazards analyses and hazardous materials emergency management
activities. It is therefore required that all expenditures paid from this fund be directly related to hazardous
materials preparedness, response, recovery or mitigation activities. Contract funds are not required to be
expended within the contract period. Any payments received after termination of the Agreement shall be
considered payments for work peñormed pursuant to the Agreement.
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's peñormance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(b) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper pre-audit and post-audit thereof.
8
16F3
(c) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with this Agreement.
(d) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(e) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
(UlNA")]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
(18) STATE LOBBYING PROHIBITION.
No funds or other resources received from the Department in connection with this Agreement
may be used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
(19) COPYRIGHT. PATENT AND TRADEMARK.
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient brings to the peñormance of this Agreement a pre-existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright
unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a result of
work or services performed under this Agreement, or in any way connected herewith, the Recipient shall
refer the discovery or invention to the Department for a determination whether patent protection will be
sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with
the peñormance of this Agreement are hereby reserved to the State of Florida. In the event that any
books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Department. Any and all copyrights accruing under or in connection with the peñormance under this
Agreement are hereby transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the peñormance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such
property exists. The Department shall then, under Paragraph (b), have the right to all patents and
copyrights which occur during peñormance of the Agreement.
9
(20) LEGAL AUTHORIZATION.
16F3
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(21) VENDOR PAYMENTS,
Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant
to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State
Comptroller's Hotline at 1-800-848-3792.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
RECIPIENT: COLLIER COUNTY
BOARD OF COUNTY COMM:~NER~
sy,/7- ý~_
'{ ~~ Donna Fiala, Chairman
Date: '\.\I\D~
FEID# 59-60000558
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STA"f,~~~,F:~~~I~~PARTMENT OF COMMUNITY AFFAIRS
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Signature
II~e
W. Craiq Fuqate. Director. Division of EmerQencv Manaqement
Typed Name of Signatory and Title
10
16F3
EXHIBIT - 1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Department of Community Affairs, Florida Hazardous Materials Planning and Prevention Program, Catalog
of State Financial Assistance Number 52.023 in the amount of$8,330.00.
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
1. Emergency Planning and Community Right-to-Know Act (EPCRA), Title III of the Superfund Amendments and
Reauthorization Act of 1986, 42 U.S.C. s. 11001, et seq. (SARA).
2. Florida Hazardous Materials Emergency Response and Community Right-to-Know Act of 1988, Chapter 252,
Part II, Florida Statutes
REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY
11
16F3
Attachment A
COMPENSATION AND FINANCIAL REPORTING REQUIREMENTS
A. Upon execution of this Agreement, the Recipient shall be compensated for tasks completed in
accordance with the Scope of Work and Schedule of Payments, which are incorporated in this Agreement
as Attachment B, except as provided herein.
B. Of the facilities listed on Attachment C, fifty (50) percent of the completed hazards analyses,
shall be received by the Department not later than November 1, 2004 and the final fifty (50) percent of the
completed hazards analyses shall be received by the Department not later than February 1, 2005 except
that later dates may be agreed upon in writing by both parties to this Agreement. Absent any extenuating
circumstances, and except as otherwise provided in this Agreement work submitted after
February 1, 2005 will not be accepted, reviewed or compensated. The Department will be the sole
authority for determining extenuating circumstances and granting extensions to the work submission
deadline.
C. Each request for payment shall be initiated by the Department upon receipt of an acceptable
Financial Invoice (Attachment D) that is supported by a product that meets the requirements of this
Agreement. The Recipient's authorized official shall sign the Financial Invoice. The Recipient shall
submit a Financial Invoice for payment that is commensurate with the percentage of hazards analyses
submitted. The payment of the percentages of the fixed fee amount will be made on a peñormance basis
in accordance with the percentage of work tasks submitted, except that the final 25 percent will not be
released until the final work product is completed, submitted, and determined to be acceptable by the
Department. Upon acceptance of the Hazards Analysis by the Department, an accepted copy of the
hazards analyses shall be sent to the applicable Local Emergency Planning Committee and notification
shall be made to all Section 302 facilities (for which a hazards analysis was conducted) and response
agencies that the hazards analysis information is available upon request.
D. In the event that the Recipient submits less than fifty (50) percent of the completed hazards
analyses on November 1, 2004 or less than the final fifty (50) percent of the completed hazards on
February 1, 2005, then the payment due may be reduced by an amount commensurate with the number
of omitted hazards analyses and the number of days late, if any.
E. If the Department finds that the Recipient is not in compliance with the terms of this
Agreement, or is not in compliance with any other grant program administered by the Department, then
without waiving its right to terminate this Agreement, the Department may, with written notice, withhold
payment until the Recipient is in compliance with and is performing satisfactorily under this Agreement or
the applicable requirement of any other grant program administered by the Department. The notice will
be sent by Certified Mail, with return receipt requested, to the designated contact person. Noncompliance
under this section includes, but is not limited to, the Recipient's failure to submit timely, accurate and
complete products required under this Agreement.
End Attachment A
12
16F3
Attachment B
SCOPE OF WORK AND SCHEDULE OF PAYMENTS
PURPOSE
Submission of completed hazards analyses that comply with the hazardous materials site-specific
hazards analysis criteria outlined in this Attachment. The primary guidance document is the "Technical
Guidance for Hazards Analysis." All hazards analyses shall be consistent with the provisions of this
document. Any variation from the procedures outlined in this document must be requested in writing by
certified mail, return receipt requested and approved by the Department.
I. SCOPE OF WORK
TASK 1: Coordination of Activities
The following includes, but is not limited to, activities to be performed under this Agreement:
A. Submit to the Department by August 15, 2004 the Recipient's contact person's name,
address, telephone number, E-mail address and the name of the software utilized to
develop the hazards analyses.
B. Submit to the Department by August 15, 2004 one completed sample hazards analysis for
review of consistency with the established planning criteria.
C. Within the period of the Agreement, participation in a technical assistance training session
provided by the Department. The Department reserves the right to waive this requirement.
D. Within the period of the Agreement, submit a list of facilities believed to have present
Extremely Hazardous Substances (EHSs) as designated by the Environmental Protection
Agency (EPA) in quantities at or above the Threshold Planning Quantity (TPQ), but have
not reported to the State Emergency Response Commission (SERC).
E. Upon Department approval of the completed hazards analyses, notify response agencies
within the District of the availability of the hazards analyses update information and make
that information available upon request.
F. Upon Department approval of the completed hazards analyses", notify Section 302 facilities
of the availability of the hazards analysis update information and make that information
available upon request.
G. Upon Department approval of the completed hazards analyses, provide a copy of the
approved hazards analyses update to the applicable Local Emergency Planning
Committee.
H. Ensure that the Hazards Analysis information is reflected in the county Local Mitigation
Strategy.
13
16F3
TASK 2: Review and Update of Hazards Analvses
A. Review and update hazards analyses for all facilities listed in Attachment C, which have
reported to the SERC that they have present those specific EHSs designated by the EPA in
quantities at or above the TPQ. It is required that each Attachment C facility be contacted by
on-site visit to ensure accuracy of hazards analysis. Each facility hazards analysis must
include, but is not limited to, the following items:
1. Facility Information
a. Facility name and address
Provide both physical address (no Post Office Box) and mailing address,
if different. Identify any discrepancies regarding facility name and/or
address compared to the Attachment C listing.
b. Facility Identification
SERC Code and geographic coordinates (latitude and longitude).
c. Facility Emergency Coordinator
Provide the name, title and telephone number (include 24-hour) of the
designated facility emergency coordinator.
d. Transportation Routes
List the main routes used within the County to transport chemicals to and
from the facility.
e. Evacuation Routes
Based on wind direction from the North, South, East and West, identify the
route(s) from the facility to exit the Vulnerable Zone (VZ).
f. Historical Accident Record
Describe any past releases or incidents that have occurred at each
facility. Include date, time, chemical name, quantity and number of
persons injured or killed (This information is available from the facility). If
it is determined that a facility does not have a historical accident record,
that shall be noted.
2. Hazard Identification
a. Chemical identities
Provide proper chemical name, CAS number and natural physical state
of each EHS present at the facility at any given time according to exhibit
C of the Technical Guidance for Hazards Analysis.
b. Maximum quantity on-site
Express in exact pounds (not range codes) the maximum quantity of
each EHS the facility would have on-site at any given time.
14
16F3
c. Amount in largest container or interconnected containers
Express in pounds the amount of each EHS stored in the largest
container or interconnected containers (this is the release amount used
to determine the Vulnerable Zone).
d. Type and design of storage container or vessel
Indicate the storage method of each EHS, Le., drum, cylinder, tank, and
their respective capacities (It is helpful to indicate system types such as
manifold versus vacuum as well).
e. Nature of the hazard
Describe the type of hazard most likely to accompany a spill or release of
each EHS, i.e., fire, explosion.
3. Vulnerability Analysis
a. Extent of the Vulnerable Zone
Identify the estimated geographical area that may be subject to
concentrations of an airborne EHS at levels that could cause irreversible
acute health effects or death to human populations within the area
following an accidental release. Plot that geographical area on a map
indicating the Vulnerable Zone for each EHS present at the facility at or
above the TPQ. Enter the facility name, SERC code, chemical(s) name
and vulnerable zone(s) radius on vulnerable zone map(s).
b. Estimate Facility Population
Provide an estimate of the maximum number of employees present at
the facility at any given time.
c. Critical Facilities
Identify each critical facility and each facility's maximum expected
occupancy, within each VZ, which are essential to emergency response
or house special needs populations (schools, day cares, public safety
facilities, hospitals, etc.).
d. Estimated Exposed Population
Provide an estimate of the maximum possible population (including facility
employees, critical facilities etc.) within the VZ(s) that would be affected in a
worst case release for each EHS on site.
4. Risk Analysis
a. Probability of release
Rate the probability of release as Low, Moderate, or High based on
observations at the facility. Considerations should include history of
previous incidents and current conditions and controls at the facility.
b. Severity of consequences of human injury
Rate the severity of consequences if an actual release were to occur.
15
16F3
c. Severity of consequences of damage to property
Rate the potential damage to the facility, nearby buildings and
infrastructure if an actual release were to occur.
d. Severity of consequences of environmental exposure
Rate the potential damage to the surrounding environmentally sensitive
areas, natural habitat and wildlife if an actual release were to occur.
B. Identify those facilities in Attachment C for which a hazards analysis was not submitted.
Supporting documentation must be provided with a list to account for the facilities for which a
hazards analysis was not completed. In addition to the SERC Code Identification, supporting
documentation should indicate:
1. Facility has closed or is no longer in business.
2. Facility is not physically located in the County (indicate appropriate County location, if
known).
3. Facility does not have EHSs on-site or EHSs are below TPQ. These facilities require:
a. A Statement of Determination from the facility representative for the previous
reporting year; or
b. A letter from the facility representative fully explaining why the EHSs are not now
present at or above TPQ and a date when the EHSs were removed from the
facility.
TASK 3: On-Site Visits
A. Conduct a detailed on-site visit for all of the facilities listed in Attachment C, to confirm the
accuracy and completeness of information in the hazards analysis (Task 2).
B. Submit a compact disk or diskette with a high resolution and date stamped digital image of
the EHS(s) on site at all applicable facilities listed on Attachment C. The recipient may
expend funds from this grant to purchase a digital camera with the capability to perform the
requirements listed above when a comparable camera is not available. An alternate
verifiable format may be approved by the Department upon request.
C. Submit a site plan map with the SERC code number and in sufficient detail to identify:
1. Location of major building(s)
2. Location and identification of EHS container(s)
3. Location of major street(s) and entrance(s)
4. North arrow and scale, if determined, or not to scale
D. Provide the date of the on-site visit.
16
16F3
TASK 4: Submission. Distribution and Notification of the Approved Hazards Analvses
A. Upon Department approval of all required hazards analyses, one (1) copy of each approved
hazards analysis (hard copy and/or electronic format) shall be submitted to the Department.
A complete copy of each approved hazards analysis shall be sent to the Local Emergency
Planning Committee and a copy of the transmittal letter shall be submitted to the Department.
B. Upon Department approval of all required hazards analyses, notify all facilities (for which a
hazards analysis was required) and response agencies of the availability of the hazards
analyses information and submit proof of said notification to the Department.
II. SCHEDULE OF PAYMENTS
A. The first payment of fifteen (15) percent of the fixed fee amount is payable upon receipt of an
acceptable financial invoice (Attachment D), receipt of the Recipient's contact person's name,
address, telephone number, E-mail address, name of software utilized to develop the
hazards analyses and receipt of one completed sample hazards analysis due on or before
August 15, 2004.
B. A second payment of thirty (30) percent of the fixed fee amount is payable upon receipt of an
acceptable financial invoice (Attachment D) and the completed hazards analyses due on or
before November 1, 2004. A third payment of thirty (30) percent of the fixed fee amount is
payable upon receipt of an acceptable financial invoice (Attachment D) and the completed
hazards analyses due on or before February 1, 2005. If less than the required amount of
hazards analyses are submitted on the due dates, payments may be made on a peñormance
basis that is commensurable with the percentage of hazards analyses submitted. Absent any
extenuating circumstances, and except as otherwise provided in this Agreement, work
submitted after February 1, 2005 will not be accepted, reviewed or compensated. The
Department will be the sole authority for determining extenuating circumstances and granting
extensions to the work submission deadline.
C. A final payment equal to Twenty-five (25) percent of the fixed fee amount may be released
upon receipt of an acceptable financial invoice (Attachment D) and upon Department
approval of all required hazards analyses.
End Attachment B
17
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Attachment D
FINANCIAL INVOICE
FOR
HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATE
16F3
RECIPIENT: Collier County
AGREEMENT #
AMOUNT
REQUESTED
BY THE RECIPIENT
AMOUNT APPROVED
BY THE
DEPARTMENT
1. Contact and Sample (15% Max.)
$
$
$
$
2. Hazards Analyses (30% Max.)
(50% completed/submitted)
3. Hazards Analyses (30% Max.)
(50% completed/submitted)
$
$
4. Final Work Product Completed (25%)
$
$
TOTAL AMOUNT
$
$
(To be completed by
the Department)
I certify that to the best of my knowledge and belief the billed costs are in accordance with the terms
of the Agreement.
Signature of Authorized OfficiallTitle
Date
TOTAL AMOUNT TO BE PAID AS OF
THIS INVOICE $
AUTHORIZED BY
(To be completed by the Department)
19
16F3
Attachment E
Warranties and Representations
Financial Management
Recipient's financial management system shall provide for the following:
(I) Accurate, current and complete disclosure of the financial results of this project or program in
accordance with Paragraph (7) and Paragraph (12) of this Agreement.
(2) If applicable, records that identify adequately the source and application of funds for all federally-
sponsored activities. These records shall contain information pertaining to Federal awards,
authorizations, obligations, un-obligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
adequately safeguard all such assets and assure that they are used solely for authorized purposes.
(4) Comparison of outlays with budget amounts for each award. Whenever appropriate, financial
information should be related to performance and unit cost data.
(5) If applicable, written procedures to minimize the time elapsing between the transfer of funds to the
Recipient from the U.S. Treasury and the issuance or redemption of checks, warrants or payments by
other means for program purposes by the recipient. To the extent that the provisions of the Cash
Management Improvement Act (CMIA) (Pub. L. 101-453) govern, payment methods shall be
consistent with CMIA Treasury-State Agreements or the CMIA default procedures codified at 31 CFR
part 205, "Withdrawal of Cash from the Treasury for Advances under Federal Grant and Other
Programs. "
(6) Ifapplicable, written procedures for determining the reasonableness, allocability and allowability of
costs in accordance with the provisions of the applicable Federal cost principles and the terms and
conditions of the award.
(7) Accounting records, including cost accounting records that are supported by source documentation.
Competition.
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and
free competition. The recipient shall be alert to organizational conflicts of interest as well as noncompetitive
practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure
objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft
specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. A wards shall be made to the bidder or offeror whose bid or offer is
responsive to the solicitation and is most advantageous to the recipient, price, quality and other factors considered.
Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer
to be evaluated by the recipient. Any and all bids or offers may be rejected when it is in the recipient's interest to do
so.
Codes of conduct.
The recipient shall maintain written standards of conduct governing the performance of its employees engaged in the
award and administration of contracts. No employee, officer, or agent shaH participate in the selection, award, or
administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved.
Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or
20
16F3
her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a
financial or other interest in the firm selected for an award. The officers, employees, and agents of the recipient shall
neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to sub-
agreements. However, recipients may set standards for situations in which the financial interest is not substantial or
the gift is an unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to be
applied for violations of such standards by officers, employees, or agents of the recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one
employee on site, ITom at least 9:00 am to 5:00 pm, Monday through Friday.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of
the particular work for which they are hired by the Recipient.
End Attachment E
21
16E1
16F3
RESOLUTION NO. 2000 - 149
A RESOLUTION AUTHORIZING THE COUNTY MANAGER TO
APPROVE AND EXECUTE ROUTINE MA TIERS ON BEHALF
OF THE BOARD OF COUNTY COMMISSION DURING TIME
PERlODS THAT THE BOARD HAS DESIGNATED AS THE
BOARD'S VACATION SCHEDULE
WHEREAS, Section 125,74, Florida Statutes, and County Ordinance No, 93-72,
as amended, delegate to the County Manager specified duties and responsibilities; and
WHEREAS, during the annual time periods when the Board of County
Commissioners ("Board) has formally designated as the Board's vacation schedule it is
sometimes necessary that the County Manager make decisions, execute agreements or
otherwise authorize actions that cannot await formal action by the Board, which decisions
and actions are subject to ratification by the Board upon its return from its vacation
scheduJe; and
WHEREAS, the Board desires by this Resolution to establish a continuing poJicy
regarding authorizing the County Manager to make such "interim decisions" and authorize
such "interim actions,"
NOW, THJ:REFORE, BE IT RESOLVJ;J) BY THE BOARD OF COUNT\'
COMMISSIONERS OF COLLIER COUN1ì', FLORIDA, that:
I
1, Each year during the time periods that the Board of County Commissioners
("Board") has declared as its vacation schedule, the County Manager is hereby authorized
to make interim decisions ¡md authorize interim actions that, but for the Board's vacation
schedule, would await prior approval by the Board as a regular or special caHed meeting
of the Board, This authorization is subject to the following:
2, The County Manager shall make no decision or take any action which as a
matter oflaw must first be approved by the Board,
3, Every contract or agreement so approved by the County Manager shall be
deemed to include the following provision: "Approval of this Agreement by the County
Manager is subject to formal ratification by the Board of County Commissioners, If the
decision by the County Manager is not ratified by that Board, this Agreement shalJ be
enforceable against Collier County only to the extent authorized by Jaw in the absence of
such ratification by that Board,"
4, All such interim decisions and interim actions by the County Manager must
be within then existing budgetary limitations,
THIS RESOLUTION adopted this r1..J~ day of ~ ~
motion, second and majority vote favoring adoption, r
. 2000 after
,DA~~ ,~ ~~,. ~Oøo
- A-TTEST,
,DWlGHTE BROCK, Clerk
BOARD OF CO UN MISSIONERS
UNTY, FLORIDA
,'"
_ By: ,:t~..7"{,y'4I.-/ By
':-:., - Deputy Clerk T
'............
Attest I1S to Cha
Approved as to Form and sf gAltur, 04111.
Legal Sufficien~y¡
íC> W\ ?tvV1M--
Thomas C. Palmer
Assistant County Attorney
, Chairman
,
'\1>~' ;~'.,'
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