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Resolution 2000-132 lAG 3 RESOLUTION NO. 2000 -l.lL- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OFD COLLIER COUNTY, FLORIDA, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY FOR STATE FUNDS TO BE USED FOR THE SPECIFIED SHELTER RETROFITTING. WHEREAS, the Florida Department of Community Affairs has made funds available for the installation of window protection at designated shelters throughout the State of Florida; and WHEREAS, the Florida Department of Community Affairs has identified Pine Ridge Middle School and Village Oaks Elementary School as qualifying for funding from the subject Shelter Retrofit funding; and WHEREAS, the Collier County Emergency Management Department has agreed to serve as project manager for the completion of this project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The Board hereby approves and accepts Agreement # 00-EC-C9-13- 00-22-018 between the Florida Department of Community Mfairs and Collier County for acceptance of funds not to exceed $26,500 for the installation of window protection at the two (2) subject shelters. 2. The Board hereby authorizes its Chairman to sign the subject Agreement on behalf of this Board. This Resolution adopted this q day of May 2000, after motion, second and majority vote in favor of adoption. ATTEST: Dwight E. Brock, Clerk BY:~~~ eputy Cle k Atttst as to Chairllft.' S1g~twl~.l6 to Form and Legal Sufficiency: ~01V' 9tA~ Thomas C. Palmer, Assistant County Attorney SSIONERS TY, FLORIDA . ,. By: Ti Agreement Number: 00-EO-C9-13-00-22- 3 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: WHEREAS, the Department is authorized, pursuant to the General Appropriations Act, Specific Appropriation 1118A, to grant funds to eligible recipients to provide reinforcement and upgrade of existing windows in public schools designated as hurricane shelters; and WHEREAS, the Recipient has been awarded funds under the above-referenced authorities for public school window protection projects included, scored and ranked in the September 1, 1999 "Shelter Retrofit Report"; and WHEREAS, Recipient agrees to comply with all the requirements applicable to said award, as supplemented by the terms and conditions in this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: SCOPE OF WORK AND FUNDING The Recipient shall undertake and fully perform the Scope of Work included as Attachment A of this Agreement. Funding up to $26,500 shall be provided on a reimbursement basis, in accordance with the project costs identified in the September 1, 1999 Shelter Retrofit Report. The Department and the Recipient shall take into consideratio~ window barriers which provide security and energy efficiencies. II. INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES III. 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 of this Agreement. PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall end June 30, 2000, unless terminated earlier in accordance with the provisions of Paragraphs VII. or IX. or XIV. of this Agreement. Final requests for reimbursement shall be submitted no later than thirty (30) days after the termination date of the Agreement. Any requests received IV. Vo VI. VII. after August 15, 2000, may, in the discretion of the Department, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. MODIFICATION OF AGREEMENT 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. 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 are 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, and shall be reported in accordance with the reporting requirements of Attachment D. LIABILITY Except as otherwise provided in subparagraph (B) below, 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. Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Florida. Statutes, agrees to be fully responsible 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. NONCOMPLIANCE, REMEDIES. AND TERMINATION mo If the Recipient fails to comply with any term applicable to an award under this Agreement, the Department may take one or more of the following actions, as indicated by the attendant circumstances: Go Fo 16G } temporarily withhold cash payments, pending correction of the deficiency, or more severe enforcement action; 2. disallow all or part of the cost of the activity or action not in compliance; 3. suspend or terminate the award; disallow future participation in the program or funding provided by the Department; and 5. recover all funds provided under the current award. Costs of the Recipient resulting from obligations incurred by the Recipient during suspension or after termination of an award are not allowable unless the Department expressly authorizes them in the notice of suspension or termination, or subsequently authorizes them in writing. Other Recipient costs during suspension or after termination which are necessary and not reasonably avoidable may be allowable if: the costs result from obligations which were properly incurred by the Recipient before the effective date of the suspension or termination, are not in anticipation of the suspension or termination, and, in the case of termination, are not cancelable, and the costs would be allowable if the award were not suspended or expired normally at the end of the period in which the termination occurs. Recipient of terminated funds shall remain obligated to provide all required closeout information. In the event that any audit determines that costs reimbursed or otherwise funded under this Agreement should be disallowed, then the Recipient shall return those disallowed funds to the Department. In the alternative, the Department may offset the disallowed amount against any current or future awards to the Recipient. Actions taken for noncompliance constitute final Department action tinder Chapter 120, Florida Statutes, as amended. Notification of such actions shall include notice of administrative hearing rights and time frames. The Recipient shall return funds to the Departmlnt if found in non-compliance with laws, rules, and regulations governing the use of the funds or this Agreement. This Agreement may be terminated by the written mutual consent of the parties. VIII. IX. NOTICE AND CONTACT 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 of this Agreement. The Department designates Dorann P. Loehr, 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 the following address and telephone number: Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850) 413-9972 The technical contact for the Agreement is Danny Kilcollins. He can be reached at the address above or by telephoning (850) 413-9859. For the Recipient, all communications, written or oral, relating to this Agreement shall be directed to the following: Recipient's Contract Manager's Name and Address: Ken Pineau, Director Attn: James von Rinteln Collier County Emergency Management 3301 Tamiami Trail East Naples, Florida 34112 Go In the event that different representatives 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 Paragraph VIII. A and B above. OTHER PROVISIONS 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 4 the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. 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 or unenforceability, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. 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. Do More than one copy of this Agreement may be executed. Any copy with original signatures may be considered an original. AUDIT REQUIREMENTS 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. go 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. Go 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. The Recipient shall provide the Department with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, Florida Statutes, and Chapter 10.550 and 10.600, Rules of the Auditor General, for the purposes of auditing and monitoring the funds awarded under this Agreement. XI. 15 The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and revenue by sponsoring Department and Agreement number. o The complete financial audit report, including all items specified in Paragraph X. D. 1. and 2. above, shall be sent directly to: Department of Community Affairs Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 In the event the audit shows that the entire funds, 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. Fo The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of three 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 three-year period, the records shall be retained until the litigation or audit findings have been resolved. Go The Recipient shall have all audits completed by an Independent Certified Public Accountant (ICPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The ICPA shall state that the audit complied with the applicable provisions noted above. H. The audit is due seven months after the expiration of the Agreement. SUBCONTRACTS AND PROCUREMENT If the Recipient subcontracts any or all of the work required under this Agreement, the Recipient agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Department. XII. XIII. XIV. go The Recipient agrees to include in the subcontract that 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. See Attachmen~ E for any additional terms and conditions pertaining to subcontracts. TERMS AND CONDITIONS The Agreement contains all the terms and conditions agreed upon by the parties. ATTACHMENTS A. All attachments to this Agreement are incorporated as if set out fully herein. go 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. STANDARD CONDITIONS The Recipient agrees to be bound by the following standard conditions: mo 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, Florida Statutes. If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall be in writing for a period n,ot to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the Recipient. Go All bills for fees or other compensation for services 6r expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Do If otherwise'allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Florida Statutes. Eo The Department reserves the right to unilaterally cancel this Agreement for refusal the Recipient to allow public access to all documents, papers, letters or other XVI. XVII. material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with the Agreement. Fo The State of Florida will not intentionally award publicly-funded contracts to any contractor who _kn.owingly 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 ("INA")]. 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. Go · A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid 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 a 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 list. 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 Department. 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 of this Agreement. EQUIPMENT AND PROPERTY MANAGEMENT If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees to use said equipment for emergency management purposes only, and to properly maintain and repair said equipment. Recipient shall establish adequate maintenance procedures to keep the equipment in proper working condition. Recipient shall establish a control system to insure adequate safeguards to prevent loss, damage or theft of the equipment. 8 Recipient shall promptly advise the Department of an)' loss, damage or theft affecting said equipment. Recipient shall not sell, lease, rent, lend, encumber or dispose of said equipment without the written permission of the Department. XVIII. COPYRIGHT, PATENT AND TRADEMARK If the Recipient brings to the performance 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. 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 performance 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 performance under this Agreement are hereby reserved to the State of Florida. Go Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant 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 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 performance of the Agreement. Recipient shall be granted a royalty-free nonexclusive license to use patented or copyrighted material for research or educational purposes. XIX. PUBLICATIONS AND PUBLICITY Recipient shall, in publicizing, advertising, or describing the project, state: "Sponsored by the State of Florida, Department of Community Affairs." If the project is referenced in written material, the words "State of Florida, Department of Community Affairs" shall appear in the same size letters or type as the name of the Recipient. 9 16G } IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned duly authorized officials. BOARD OF ~SSIONERS STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS:_ TIMO' ' Joseph'. M~r~,, ~i~ect or~Lg/~q/0 0 CHAIRMAN Federal Employer I.D. 59-6000558 Dated: ATTEST: As to Chairman Constantine's ~, Signature only. .5~..: :': DWIGHT'E~ BROCK, CLERK . Y Deputy Cldrk Approved as to Form and Legal SutT~ciency: Thomas C. Palmer, Assistant County Attorney 10 Attachment A 16G SCOPE OF WORK Within thirty days of the date of execution of this Agreement, Recipient shall supply a document which includes an a~tivities time line, a list of deliverables, and a budget by category, for the approval of the Department. This document shall address, with particularity and appropriate discussion, each task necessary to complete the project. Failure to supply the above-referenced document, or disapproval of this document by the Department, shall result in the denial of funding. If the Recipient succeeds in acquiring products or services for less than the budgeted amount, then it shall notify the Department and request authorization to apply the unexpended funds to the project, identifying the proposed use for the unexpended funds. If the unexpended funds can be applied to enhance the project through acquisition of additional equipment or services which will provide the same benefit as the approved project, then the Department may approve the use of the unexpended funds. The Recipient shall use the funds provided in this agreement to enhance window protection for the public school(s) used as shelters as indicated below. Prior to utilization of the funds provided in this agreement, the Recipient shall demonstrate that upon the completion of this project, the public school facility will comply with the guidelines established in the American Red Cross supplement, Guidelines for Hurricane Evacuation Shelter Selection (ARC 4496, July 1992). Failure to supply this documentation and disapproval of this item by the Agency, shall result in the forfeiture of funding. School Name Funds Provided Report Ranking Village Oaks Immokalee Pine Ridge Middle School $7,000 321 $19,500 290 Recipient shall demonstrate that all building opening protective systems and products purchased and installed as a part, or in whole, of this Agreement have been tested and certified to meet or exceed the minimum performance standards of the Southern Building Code Congress International (SBCCI) Standard SSTD 12-97 (or a m6re recent edition). As an alternative to SBCCI Standard SSTD 12-97, building opening protective systems and products that have been tested and certified to meet or exceed the minimum performance standards of the Dade County version of the South Florida Building Code for wind resistance structural loads, windborne debris impact, and cyclical loading (Protocols PA 201-94, PA 202-94, PA 203-94, or more recent editions) are acceptable. "Building openings" means windows, skylights, doors, overhead doors, louvers, vents and other assemblages or features that penetrate the exterior shell of the building. Failure to supply this documentation, and disapproval of this item by the Agency, shall result in the denial or forfeiture of funding. Attachment B PROGRAM STATUTES AND REGULATIONS 2. 3. 4. Chapter 252, Florida Statutes Chapter 287, Florida Statutes Chapter 119, Florida Statutes Chapter 60A-1, Florida Administrative Code (The bottom portion of this page intentionally left blank.) 12 16G 3 Attachment C RECORD KEEPING All original records pertin. ent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. Records for the disposition of non-expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for three years after final disposition. o Records relating to real property acquisition shall be retained for three years after closing of title. go 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, Attachment A, and all other applicable laws and regulations. Go 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. (The bottom portion of this page intentionally left blank.) 13 mo mo 15G 3 Attachment D REPORTS At a minimum, the Recipient shall provide the Department with two Financial Report/Reimbursemen~ Requests, two Summary Project Progress Reports and final Close-out Reports. The Recipient shall utilize the report formats provided by the Department. Periodic reports are due to be received by the Department no later than fifteen (15) days after the end of each period outlined below and shall continue to be submitted until submission of the administrative close-out report. The ending dates for each period and the report due dates are as follows: Reporting Period Ending Date .Reports Due 1 January 30, 2000 February 15, 2000 2 April 30, 2000 May 15, 2000 3 July 30, 2000 August 15, 2000 4 October 30, 2000 November 15, 2000 The final close-out report is due forty-five (45) days after termination of this Agreement or upon completion of the activities contained in this Agreement. 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 Paragraphs VII. and IX. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and applicable law, and is consistent with the Scope of Work, as determined by the Department in its sole discretion. Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be requested by the Department. The Department shall be permitted to inspect and monitor the records and facilities of funded projects and award recipients. Such inspections may occur without notice at any reasonable time, which shall be presumed to be normal business hours on Monday through Friday. 14 16G 3 Attachment E PROCUREMENT. SUBCONTRACTS AND SUBGRANTS Subcontracts entered int9 by a Recipient in connection with any portion of the proposed project shall contain all terms of the Recipient's Agreement with the Department. go The Recipient shall send a copy of any subcontracts entered into in connection with implementing the proposed project to the Department within 30 days after their effective date. Go Recipient shall not award subgrants using funds awarded pursuant to this Agreement without prior approval by the Department. Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement a proposed project. Wherever required by law or otherwise permitted, Recipient shall utilize competitive procurement practices. (The bottom portion of this page intentionally left blank.) 15 Attachment F FUNDING/CONSIDERATION mo Do Eo 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 $26,500, subject to the availability of funds. The amount of funds available pursuant to this agreement may be adjusted proportionally if required by an action of the Legislature. The Recipient shall establish a separate account code in an interest bearing account for tracking all deposits, expenditures and interest pertaining to an award. A separate account code shall be established for each award received. The interest earned on said account(s) shall be remitted promptly to the Department, but no later than ninety (90) days after the completion of the Agreement. Twenty (20) percent of the award amount may be provided upon submission and Department approval of the time line, list of deliverables and project budget submitted under Attachment A, Scope of Work. Payment of reimbursable expenditures may be requested thereafter, at the end of each reporting period.. After the initial twenty (20) percent payment, if any, payments may be made for all reimbursable expenses incurred as of the end of each reporting period. The Recipient agrees to expend funds in accordance with the Scope of Work, Attachment A of this Agreement. Funds disbursed to the Recipient by the Department that are not expended in implementing the project shall be returned to the Department, along with interest earned on the funds, within ninety (90) days of the expiration of the award agreement. Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement a proposed project. (The bottom portion of this page intentionally left blank.) 3.6 Contract No. 00-EO-C9-13-00-22-018 MODIFICATION TO AGREEMENT THIS MODIFICATION TO 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 MODIFICATION AGREEMENT IS BASED ON THE FOLLOWING FACTS WHEREAS, the Department, and the Recipient have entered into an Agreement dated May 24, 2000 for the purpose of installing improved window barriers on public schools designated for use as hurricane shelters; and WHEREAS, the Agreement is to expire on June 30, 2000; and WHEREAS, the parties desire to extend the Agreement in order for the Recipient to complete the scope of work; NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: 1. Paragraph III, Period of Agreement, of the Agreement is hereby amended to read "This Agreement shall begin upon execution by both parties and shall end October 30, 2000." 2. Other than as amended, all provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned duly authorized officials. BOARD OF T~ISSIONERS OF FLORIDA, DEPARTMENT OF STATE ~ITY /'"'~.i~ /~J~, .~ 7~~ AFFAIRS: COLLIER C~OUNT.,Y, FLORIDA:COM~ Myers, Federal Employer I.D. 59-6000558 Dated: ~/~ ~ ATTESTED: As Chairman Constantine's Sjgu~ture 6nly. DWIGHT-El BROCK, CLERK ~By: ~ Deputy Clerk Attest as to Chairman's stgnature only. Approved asto Formand Legal Sufficiency: 'Thom~ C. Palmer, Assistant County Attorney 2