Agenda 10/12/2010 Item #16F 1
,t,m-mea item No. 16F1
- October 12, 2010
Page 1 of 34
EXECUTIVE SUMMARY
Recommendation that the Board approve Agreement #11-CP-03-09-21-01-000 between
the State of Florida, Division of Emergency Management and Collier County accepting
$7,300 for the preparation of Hazards Analysis Reports for facilities storing extremely
hazardous substances within Collier County and approve the necessary budget
amendment.
OBJECTIVE: To obtain Board of County Commissioners approval of Agreement #11-CP-03-
09-21-01-000 between the State of Florida, Department of Community Affairs (DCA), Division
of Emergency Management (DEM) and Collier County accepting $7,300 for the preparation of
hazards analysis reports on thirty (30) Extremely Hazardous Substances (EHS) sites within
Collier County.
CONSIDERATIONS: The State of Florida, DCA, DEM requires that 50% of the Extremely
Hazardous Substances (EHS) sites within Collier County be visited and reported on each year.
The Conservation and Coastal Management Element of the County Growth Management Plan
requires that hazards analysis site visits be made to all sites biennially. Acceptance of the
Agreement will allow Collier County to comply with both the DCA, DEM and Collier Growth
Management Plan requirements. Under the terms of the Agreement, 100% of the EHS sites in
the County will be visited and reported on by February 1. 2011.
Agreement #11-CP-03-09-21-01-000 was received by the Emergency Management
Department on September 16, 2010. The Emergency Management staff does not anticipate
problems meeting the first deliverable date of November 1, 2010, and is recommending that
the County accept the Agreement as written.
FISCAL IMPACT: An increase by budget amendment of $7,300 to Fund 713 (County
Manager Agency Grants) for FY 11. No matching funds are required.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board Action. - JBW
GROWTH MANAGEMENT IMPACT: The review and updating of hazards analysis reports is
required by the Conservation and Coastal Management Element of the County Growth
Management Plan, Objective #9,1, Policy 9.1.7.
RECOMMENDATION: That the Board of County Commissioners approve and authorize its
Chairman to sign Agreement #11-CP-03-09-21-01-000 between the Florida Department of
Community Affairs (DCA), Division of Emergency Management (DEM) and Collier County
accepting $7,300 for the preparation of hazards analysis reports for thirty (30) facilities within
Collier County, and approve the necessary budget amendment.
Prepared by: Christine Boni, Sr, Admin. Assistant, Emergency Management Department
/\C1enda Item No. 16F1
~ Oclober 12, 2010
Page 2 of 34
COLLIER COUNTY
BOARD OF COUNTY COMMISSIOi'J~RS
Item Number:
Item Summary:
lGF1
Meeting Date:
Recommendation that trlt Board approve ft.greement #11-CP-03~09-21-01-0DO between the
State of Florida, Division of Emergency r',,1anagement and Collier County accepting $7,300 for
the preparation of Hi:'ozards Analysis Reports for facilities stonng e):tremely hazardous
substances within Collier County and approve the necessary budget amendment
10/12/201090000 AM
Prepared By
Christine Chase
Sr Administrative Assistant
Date
Emergency Maliagement
2:mugency r{ianagenlent
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Approved By
Marlene J. Foard
Grant Development &. Mgmt Coordinator
Date
Administrative Services
hdm!n:strativE: Services Division
9/28/20',C 3:21 ofVl
Division
Approved By
Jennifer' White
Assistant County Attor'ney
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D,ge:!da [;em No. 16F1
GeLber :2.2010
Poge 3 of 34
Contract Numoer: 11-CP-03-09-21-01-000
Purchase Order No:
CSFA Numoer: 52,023
STATE-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into oy the State of Flonda, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Collier County,
(hereinafter referred to as the "Recipient"),
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS:
A The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B, The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions beiow; and
C. The Division has statutory authority to disburse the funds under this Agreement
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Scope of Work. Attachment
A of this Agreement
(2) INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations,
(3) PERIOD OF AGREEMENT.
ThiS Agreement shall begin upon execution by both parties, or Julv 1 2010, whichever is
later and shall end June 30 2011, unless terminated earlier in accordance with the provIsions of
Paragraph (12) of this Agreement
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement Cbanges
whicb are agreed upon shall be vaiid only wben in writing, signed by eacb of tbe parties, and attacbed to
the original of this Agreement
(5) RECORDKEEPING
(a) As applicable, Recipient's pertormance under thiS Agreement shall be subject to the
federal Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-iiG, "Grants and Agreements with Institutions of Higher
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
f~Gsnda Item r~o. 16F1
" October :2, 2010
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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 9312.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall ailow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
The five year period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires,
and extends beyond the five year period, the records shall be retained until ail iitigaiion, ciaims 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 it is acquired shall be retained for five years after final disposition,
3, Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title,
(c) The Recipient shall maintain ail records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of ail program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Scope of
Work (Attachment A) and ail 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, shail ailow access to its records at reasonable times
to the Division, its employees, and agents, "Reasonable" shail ordinarily 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 Division,
(6) 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 shail be available at reasonable times for inspection, review, or audit.
by state personnel and other personnel authOrized by the Department or the DiviSion. "Reasonable" shali
ordinarily mean normal business hours of 8:00 a,m, to 5:00 p,m" local time, Monday through Friday,
(c) The Recipient shail 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
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(d) If the Recipient is a non-state entity as defined by Section 215,97, Fla, Stal., It shall
comply with the following:
If the Recipient expends a total amount of State financial assistance equal to or more than
$500,000 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 Chief Financial Officer; and Chapters 10,550 (local government entities) or
10,650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1to this
Agreement shows the State financial assistance awarded by this Agreement In determining the State
financial assistance expended in its fiscal year. the Recipient shall include all sources of State financial
assistance, including State funds received from the Division, other state agencies, and other non-state
entities. State financiai assistance does not include Federai 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 this Paragraph 6(d) above, the Recipient
shall ensure that the audit complies with the requirements of Section 215,97(8), Fla, Stat This includes
submission of a reporting package as defined by Section 215,97(2)(e), Fla, Stat and Chapters 10550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an
audit conducted in accordance with the provisions of Section 215,97, Fla. Stat, is not required. In the
event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and
elects to have an audit conducted in accordance With the provIsions of Section 215,97, Fla. Stat. the cost
of the audit must be paid from the non-state entity's resources (i.e, the cost of such an audit must be paid
from the Recipient's resources obtained from other than State entities), Additional information on the
Florida Single Audit Act may be found at the follOWing website: httpllwww-stateJl.us/fsaa/statutes,html.
(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 6 shall
be submitted by or on behalf of the Recipient directlv to each of the following:
The Department of Community AffairS at the following address:
Department of Community AffairS
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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[an electronic copy shall also be submitted to aurilla.parrish@dca.state.fl.us]
and
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 Division or the Department of Community Affairs pursuant to this Agreement shall be submitted on
time as required under 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,
5, Recipients, when submitting financial reporting packages to the Division or the
Department of Community Affairs 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) If the audit shows that all or any portion of the funds disbursed hereunder were not
spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Recipient of such
noncompliance,
(g) The Recipient shall have all audits completed in accordance with Section 215,97, Fla,
Stat 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, The audit must be submitted to the Department no later than
nine (9) months from the end of the Recipient's fiscal year,
(7) REPORTS
(a) If all required deliverables are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES, "Acceptable to the Division" means that
the work product was completed in accordance with the Scope of Work,
(b) The Recipient shall provide additional program updates or Information that may be
required by the Division,
(8) MONITORING,
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement. to ensure that
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time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved, A review shall be
done for each function or activity in Attachment A to this Agreement
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by DiVision staff, limited scope audits, and/or
other procedures, The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropnate by the DIVision, in the event that the Division or 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 Division or the Department to the Recipient
regarding such audit The Recipient further agrees to comply and cooperate with any inspections,
reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor
GeneraL In addition, the Division wili monitor the performance and financial management by the
Recipient throughout the contract term to ensure timely completion of all tasks,
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 76828, Fla,
Stat, the Recipient is solely responsible to parties it deals with In carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the DiviSion, but IS an independent contractor,
(b) Any Recipient which is a state agency or subdivision, as defined in Section 76828,
Fla, Stat. agrees to be fully responsible for ItS negiigent or tortious acts or omissions which result in
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768,28, Fla Stat 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 Flonda to be sued by third
parties In any matter arising out of any contract
(10) DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall. if the DiviSion elects, terminate and the DiVision has the
option to exercise any of its remedies set forth in Paragraph (11) However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or mlsieading In any respect, or if the Recipient
fails to keep or perform any of the obligations. terms or covenants In this Agreement or any previous
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agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division,
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement
(11) REMEDIES,
If an Event of Default occurs, then the Division may, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement. provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when piaced in the United States, first
class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in
paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to inciude but not be limited to:
1, request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of perforrnance,
2, issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3, advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligibie;
(f) ExerCise any other rights or remedies which may be available under
law,
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity, If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient it will not affect, extend or waive
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any other nght or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient
(12) TERMINATION,
(a) The Division may terminate this Agreement for cause after thirty days written notice,
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, 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,
(b) The Division may terminate this Agreement for convenience or when it determines. in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a wntten amendment of this Agreement The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed, The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the ReCipient The DiVision may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the DiVision from the Recipient is determined,
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to thiS Agreement shall be In writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement
(b) The name. address and other contact information of the Division contract manager
for this Agreement IS:
Mr, Timothy Date, Manager
2555 Shumard Oak Blvd,
Tallahassee, Flonda 32399
Telephone: 850-410-1272
Fax 850-488-1739
Email: tim,date@em,mvfloridacom
(c) The name, address and other contact Information of the Representative of the
ReCipient responsible for the administration of this Agreement is:
Christine Bani
8075 Lely Cultural Pkwy Suite 443
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Naples, Florida 34113
Telephone: 239-252-3617
Fax: 239-252-6769
Email: ChristineBoni@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
provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
subcontract must be forwarded to the Division, The Recipient a9rees to include in the subcontract that (i)
the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all
applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and
Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of
work under this Agreement, to the extent allowed and required by law, The Recipient shall document the
subcontractor's progress in performing its work under this Agreement
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority vendor, as defined In Section 288,703, Fla, Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties,
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully,
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency,
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Scope and Schedule of Deliverables and Schedule of Payments
Attachment B - County Facilities Listing
Attachment C - Financial Invoice Form
Attachment D - Hazards Analysis Checklist and CAMEO Guide
Attachment E - Hazards Analysis Site Visit Certification Form
Attachment F - Warranties and Representations
Attachment G - Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion
(17) FUNDING/CONSIDERATION
(a) This is a fixed fee agreement. The Recipient shall be reimbursed for costs incurred
in the satisfactory performance of work hereunder in an amount not to exceed $7.300,00, subject to the
availability of funds,
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(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; however, all work must be performed during the contract period.
Any payments received after termination of the Agreement shall be considered payments for work
performed pursuant to the Agreement
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (20)(h) of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate,
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of "Department of Community Affairs" and mailed directly to the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215,34(2), Fla, Stat, if a check or other draft IS returned to the DiVision for
coliection, Recipient shali pay the Division a service fee of $15,00 or 5% of the face amount of the
returned check or draft, whichever is greater
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fuifill the
requirements of this Agreement All of said information, representations, and materials is incorporated by
reference, The inaccuracy of the submissions or any material changes shall, at the option of the Division
and with thirty days written notice to the ReCipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient
(b) This Agreement shall be construed under the laws of the State of FlOrida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or ruie, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of th is Agreement
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement
C)
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(d) This 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 seq.), which prohibits discrimination by public and private entities on
the basis of disability in employment. public accommodations, transportation, State and local government
services, and telecommunications,
(f) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatorv vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contraci with a public entity, and may not transact business with any public entity in
excess of $25,000,00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency. and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,
that it and its principals:
L 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 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
19(9)2. of this 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.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment I) for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
10
l\genda Item r~o. 16F1
Octcb8r 12, 2010
Page 13 of 34
(h) 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,
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof
OJ Any bills for travel expenses shall be submitted in accordance with Section 112,061,
Fla, Stat
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla, Stat, which the Recipient created or received under this Agreement
(I) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the DiVision or be applied against the
Division's obligation to pay the contract amount
(m) 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,SC, Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA"ll The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment proVisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286-011, Fla, Stat) with respect to the meetrngs of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board, All of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public In accordance with Chapter 119, Fla Stat
(0) All expenditures of state financial assistance shall be in compliance With the laws,
rules and regulations applicable to expenditures of State funds. including but not limited to, the Reference
Guide for State Expenditures,
(p) The Agreement may be charged only with allowable costs resulting from obligations
incurred during the term of the Agreement
(q) Any balances of unobligated cash that have been advanced or paid that are not
authorized to be retained for direct program costs in a subsequent period must be refunded to the State,
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the DiviSion under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency,
11
l\qerda itern No, ~16F1
~ O~tober 12. 2010
Page 14 of 34
(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 Recipient, 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 Recipient shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose,
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into- Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U,S, Code, Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure,
(21) 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 has a pre-existing patent or copynght, 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 is developed in the course of or as a result of work or
services performed under this Agreement, or In any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name, Any patent rights accrumg under or in connection with the performance of this
Agreement are reserved to the State of Florida, If any books, manuals, films, or other copyrightable
12
F.g?ric3 i~em r',~o. 16F1
'J:!~)b8r 12, 2010
PaJe -:5 of 34
material are produced, the Recipient shall notify the Division Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida,
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed, Failure to disclose will indicate that no such property
exists, The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement
(22) LEGAL AUTHORIZATION,
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
RECIPIENT:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Name and title: Fred W Covle, Chairman
Date: 10/12/10
FEID# 59-6000558-156
ATTEST: Dwight E, Brock, Clerk
Approved as to Form and Legal Sufficiency
By:
'~\~~~
Assistant County Attorney
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
By:
Name and Title: David Halstead Director
Date:
13
"",-".,..~,..,....._...__...~,~;,,,.,,,,,..,--
Agenda Item No. 16F1
October 12, 20'10
Pa;J8 16 of 34
EXHIBIT - 1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Division of Emergency Management, Florida Hazardou5 Materials Planning and Prevention Program,
Catalog of State Financial Assistance Number 52,023 In the amount of $7.300.00,
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 Emergency Planning and Community Right-to-Know Act, Chapter 252, Part II, Florida Statutes
14
r,;y,nca [[em ~,lo. 1GF1
;J::toberi2.2010
Pa.ge 17 of 34
Attachment A
PURPOSE, REQUIREMENTS, SCOPE AND SCHEDULE OF DELlVERABLES AND
SCHEDULE OF PAYMENTS
Purpose
To update the hazards analysis for all facilities listed in Attachment B, which have reported to the State
Emergency Response Commission the presence of those specific Extremely Hazardous Substances
designated by the U,S, Environmental Protection Agency in quantities at or above the Threshold Planning
Quantity, The data collected under this Agreement will be used to comply with the requirements of the
Emergency Planning and Community Right-To-Know Act's planning reqUirements,
Reauirements
A The County shall submit a list of facilities within the County's geographical boundaries that are
suspected of not reporting to the State Emergency Response Commission the presence of
Extremely Hazardous Substances in quantities at or above the Threshold Planning Quantity, as
designated by the U, S, Environmental Protection Agency,
8, The completed hazards analysis shall comply with the site-specific hazards analysis criteria
outlined in this Attachment for each facility listed In Attachment B, The primary guidance
documents are Attachment D (Hazards Analysis Contract Checklist and CAMEO Guide) to thiS
Agreement and the U,S, Environmental Protection Agency's "Technical Guidance for Hazards
Analysis", All hazards analyses shall be consistent with the provisions of these documents, Any
variation from the procedures outlined in these documents must be requested in writing and
approved by the Division.
C, Provide an on-site Visit to each Attachment 8 facility to ensure accuracy of the hazards analysis,
Each applicable facility's hazards analysis information shall be entered into the U,S,
Environmental Protection Agency's CAMEOfm version 2.1 software program, Each facility
hazards analysis shall include, but is not limited to, the follOWing items:
1, Facility Information
(a) Provide the Facility name (per Attachment B)
(b) Facility address
Provide the physical address (no Post Office 80x) of the facility,
(c) Facility Identification
Provide the State Emergency Response Commission Code
Identification number (per Attachment B) and the geographic
coordinates (latitude and longitude in decimal degrees),
(d) Facility Emergency Coordinator
Provide the name. title and telephone number (daytime and 24-hour) of the
designated facility emergency coordinator,
15
I'.ggnda item ih 'i6F1
October 12, 2010
Page 18 of 34
(e). Transportation Routes
List the main routes used (from the County line to the facility) to
transport chemicals to and/or from the facility.
(I) 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(s),
(g) Historical Accident Record
Describe any past releases or incidents that have occurred at the
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, Chemical Abstract Service (CAS)
number and natural physical state (according to exhibit C of the
Technical Guidance for Hazards Analysis) for each Extremely
Hazardous Substance present at the facility at any time up to one year
prior to the site visit.
(b) Maximum quantity on-site
Express in exact pounds (not range codes) the maximum quantity of
each Extremely Hazardous Substance the facility has on-site at any
time up to one year prior to the site visit.
(c) Amount In largest container or interconnected containers
Express in pounds the amount of each Extremely Hazardous
Substance 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 Extremely Hazardous Substance,
i,e" 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 (ie" fire, explosion) and health effects
(acute and chronic) most likely to accompany a spill or release of each
Extremely Hazardous Substance,
16
'_-,,,,""",,,,,,.,,-,,,,,-.,..,,,,,,,,,,~,"-.,,.,--
;\::;sn,:Ja item r~o. 15F1
~ CdJber 12 2010
Page 19 of 34
3, Vulnerability Analysis
(a) Extent of the Vulnerable Zone
For each Extremely Hazardous Substance present at a facility, provide
the estimated geographical area (vulnerable zone) that may be subject
to concentrations of an airborne Extremely Hazardous Substance at
levels that could cause irreversible acute health effects or death to
human populations following an accidental release,
(b) Estimate Facility Population
Provide an estimate of the maximum number of employees present at
the facility at any given time, Le, if the facility is unmanned except for
routine maintenance by only one person then, the number of
employees present af any given time shall be noted as one.
(c) Critical Facilities
Identify each critical facility by name and each critical facility's
maximum expected Dccupancy, within each vulnerable zone, which are
essential to emergency response or house special needs popuiations
(SChODls, day cares, public safety facilities, hospitals, etc,), If there are
no critical facilities within the vulnerable zone, that shall be noted,
(d) Estimate Total ExpDsed PDpulation
Provide an estimate of the total exposed population (facility employees +
general populatiDn + critical facilities), Within each vulnerable zone, that would
be affected in a WDrst case release scenariD,
4, Risk Analysis (the three ratings {Risk Assessment) at the bottom of the CAMEOfm
Scenario Page will meet the four requirements below)
(a) Probability of release
Rate the prDbability 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 Df human injury
Rate the severity of cDnsequences if an actual release were to Dccur
(c) Severity Df cDnsequences Df damage tD prDperty
Rate the pDtential damage tD the facility, nearby buildings and
Infrastructure if an actual release were tD occur,
(d) Seventy Df cDnsequences Df envirDnmental exposure
] 7
Agenda item No. 16F1
October 12 2010
Page 20 of 34
Rate the potential damage to the surrounding environmentally
sensitive areas, natural habitat and wildlife If an actual release were to
occur.
D, Identify those facilities in Attachment B 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 facility name and the State
Emergency Response Commission Code identification number, 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 Extremely Hazardous Substance(s) on-site or Extremely
Hazardous Substance(s) are below the Threshold Planning Quantity, 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 Extremely
Hazardous Substance(s) is/are not now present at or above the Threshold
Planning Quantity and a date when the Extremely Hazardous Substance(s)
wasfwere removed from the facility,
E, On-Site Visits
1, Conduct a detailed on-site Visit, within the period of this Agreement, of all the facilities
iisted in Attachment S, to confirm the accuracy and completeness of information in the
hazards analysis,
(a) Site visit exception for sulfuric acid
(1) For the faciiities listed on Attachment B that report the presence of only
sulfuric acid, the recipient's representative shall conduct an initial facility on-
site visit within the period of Agreement
(2) After the initial facility on-site visit has been conducted, another on-site visit is
not required in subsequent Agreements unless the facility reports the
presence of another extremely hazardous substance,
(3) In Agreements subsequent to the initial on-site visit, the recipient's
representative shall contact the facility representative by email or telephone
to verify the presence of any extremely hazardous substance.
(4) If a facility representative reports the presence of any extremely hazardous
substance other than sulfuric acid in Agreements subsequent to the initial on-
site visit period of Agreement, the recipient's representative shall conduct an
on-site visit during the period of Agreement and in subsequent periods of
Agreement
18
:lern f\lC), 1 eJ 1
Oc;iaber i 2. 20 0
Page 21 of 4
2, Submit a completed Hazards Analysis Site Visit Certification Form (Attachment E) to
the Division for each facility site visit conducted,
(b) Site visit form exception for sulfuric acid
(1) For facilities iisted on Attachment B that report the presence of only sulfuric
aCid. an Initial site visit form (Attachment E) signed and dated by the facility
representative and the recipient's representative shall be submitted to the
Division within the period of Agreement
(2) If the facility representative reports the presence of only sulfuric acid in
Agreements subsequent to the Agreement period in which the Initial site visit
form was submitted to the Division, the recipient's representative shall submit
a site visit form (Attachment E) to the Division signed by and identifying the
date the recipient's representative contacted the facility representative,
(3) If a facility representative reports the presence of any extremely hazardous
substance other than suifuric acid in Agreements subsequent to the
Agreement in which the initial site Visit fonm was submitted to the Division,
the recipient shail submit a completed site visit form (Attachment E) to the
Division signed and dated by the facility representative and the recipient's
representative.
3. Submit (electronicallvl a site plan map with the State Emergency Response
Commission Code identification number and In suffiCient detail to identify:
(a) Location of major building(s)
(b) Location and identification of EHS container(s)
(c) Location of major street(s) and entrance(s)
(d) North arrow
F, Ensure that the Hazards Analysis information is reflected in the County Local Mitigation
Strategy.
Scope and Schedule of Deliverables
Oeliverable 1:
On or before November 1,2010, the County shall submit fifty (50) percent of the completed
hazards analyses of the Attachment B facilities to the Division for review and approvaL
Oeliverable 2:
On or before February 1, 2011, the County shail submit the final fifty (50) percent of the
completed hazards analyses of the Attachment B facilities to the Division for review and approvaL
Deliverable 3:
19
,-"98nda Item ~h 16F1
October 12, 2010
Page 22 8f 34
A, On or before June 30, 2011, the County shall provide the Division one (1) copy (electronic
format) of each approved hazards analysis. A complete copy of each approved hazards
analysis shall be submitted to the applicable Local Emergency Planning Committee and a
copy of the transmittal document shall be submitted to the Division.
B. The County shall notify all Attachment B facilities and applicable first responder agencies of
the availability of the hazards analyses information, and make that information available upon
request and submit proof of said notifications to the Division,
C, As appropriate, participate in a technical assistance training session provided by the Division,
Schedule of Pavments:
Payment
Deliverable #1 - 45% of the Agreement Amount
$3.285,00
Deliverable #2 - 45% of the Agreement Amount
$3,285,00
Deliverable #3 - 10% of the Agreement Amount
$730,00
Each payment shall be made upon satisfactory completion of the deliverable above and upon receipt of
an acceptable Financial Invoice (Attachment C),
20
Attachment B
LIST OF FACILITIES
21
!tem 1':0. 16F1
C)c:tJberi2, 201 0
F\::1;J8 23 of:::14
Agenda Item No, 16F1
October 12. 2010
Page 24 of 34
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.L\genc3 Item No. 1GF1
October 12, 2010
Page 28 of 34
Attachment C
FINANCIAL INVOICE FORM
FOR
HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATE
COUNTY: Collier County
AGREEMENT #: 11-CP-03-09-21-01-000
AMOUNT
AMOUNT APPROVED
REQUESTED
BY THE RECIPIENT
BY THE
DIVISION
1, First Payment (45% of contract amount) $
(50% Hazards Analyses completed/submitted)
$
2, Second Payment (45% of contract amount) $
(50% Hazards Analyses completed/submitted)
$
3, Final Payment(10% of contract amount) $
(approval, distribution & notification)
$
TOTAL AMOUNT $
$
(To be completed by
the Division)
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 $
(To be completed bv the Divisionl
22
119m r~o. 16F1
O~;tC'ber 12. 2C 1 0
Pcl;Je 29 of 34
Attachment E
23
w,,~enda Ilem No. 16F1
~ October 12,2010
Page 30 of 34
Name of Facility (Please print)
Name of County (Please print)
State Emergency Response Commission (SERC) Code
Name of Facility Representative (Please print)
, dcility Representative Signature
Site Visit Date
Name of Inspector (Please print)
Inspector's Signature
Site Visit Date
The individuals sianina above certify that a hazards analvsis site visit was conducted on the above date.
,
i
L
24
!~ern t'Jo. 1 '3F1
Ci':tcber ,2 2010
Page 31 of 34
Attachment F
Warranties and Representations
Financial Manaaement
Recipient's financial management system must include the fallowing:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activilies, These records shall
contain information pertaining to grant 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 safeguard all assets and assure that they are used solely for authorized purposes,
(4) Comparison of expenditures with budget amounts for each Request For Payment Whenever
appropriate, financial Information should be related to performance and unit cost data,
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMS cost principles and the terms and conditions of this
Agreement
(6) Cost accounting records that are supported by backup documentation
Competition
All procurement transactions shall be done In a manner to provide open and free competition, The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade, In order to ensure excellent contractor
performance and eliminate unfair compelitive 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 soiicitation and is most advantageous to the ReCipient, considering the price. quality
and other factors, Solicitations shall clearly set forth all requirements that the bidder or offeror must 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,
25
.L\g8nda Item r'Jo. 16F1
October 12, 2010
Page 32 of 34
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 shall participate in
the selection, award, or administration of a contract supported by public grant 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, has a financial or other interest in the firm seiected 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 subcontracts. The standards of
conduct shail provide for disciplinary actions to be applied for vloiations of the 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, from
Licensina and Permillina
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
26
6,c,snJa Item r~').113F1
- ()c.tJber 12. 201 J
P8J8 33 of 34
Attachment G
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation In this
transaction by any Federal department or agency,
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR
By:
Signature
Collier County
Recipient's Name
11-CP-03-09-21-01-000
Name and Title
DCA Contract Number
Street Address
City, State, Zip
27
Aaenda Item i~o. 16F1
" October 12, 2010
Page 34 of 34
Date
28