Agenda 09/11/2012 Item #16E 21,'20"_' lter- F ._ .2
EXECUTIVE SUMMARY
Recommendation to approve Agreement #13- CP- 11- 09 -21 -01 -XXX between the State of Florida,
Division of Emefgencyy Management and Collier County accepting $8,355 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 #13- CP- 11 -09-
21 -01 -XXX between the State of Florida, Department of Community Affairs (DCA), Division
of Emergency Management (DEM) and Collier County accepting $8,355 for the preparation of
hazards analysis reports on thirty -six (36) 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, 50% of the EHS sites in the
County will be visited and reported on by November 1, 2012 and 50% will be visited and
reported on by February 1, 2013.
FISCAL IMPACT: A budget amendment is required in the amount of $8,355 to recognize the
FY13 awarded grant revenue within Fund 713 (County Manager Agency Grants) Project 33225
(hazards Analysis). No matching funds are required.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
requires majority vote, and is legally sufficient for Board action. - CMG
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 #13- CP- 11- 09 -21 -01 -XXX between the Florida Department of
Community Affairs (DCA), Division of Emergency Management (DEM) and accept $8,355 for
the preparation of hazards analysis reports for thirty -six (36) facilities within Collier County, and
approve the necessary budget amendment.
Prepared By: Christine Boni, Sr. Admin. Assistant, Emergency Management Department
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.2.
Item Summary: Recommendation to approve Agreement #13- CP- 11- 09- 21- 01 -XXX
between the State of Florida, Division of Emergency Management and Collier County accepting
$8,355 for the preparation of Hazards Analysis Reports for facilities storing extremely
hazardous substances within Collier County and approve the necessary budget amendment.
Meeting Date: 9/11/2012
Prepared By
Name: BoniChristine
Title: Administrative Assistant, Senior,
8/3/2012 1:21:44 PM
Submitted by
Title: Administrative Assistant, Senior,
Name: BoniChristin;
8,13/2012 1:21:46 PN
Approved By
Name: SummersDan
Title: Director - Bureau of Emergency Services,
Date: 8/9/2012 3:28:05 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 8/20/2012 2:59:04 PM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 8/29/2012 1:51:02 PM
Name: StanleyTherese
Title: Management /Budget Analyst, Senior,Office of Management & Budget
Date: 8/31/2012 11:44:21 AM
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Name: KlatzkowJeff
Title: County Attorney
Date: 8/31/2012 2:27:27 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 8/31/2012 7:54:26 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 9/4/2012 11:35:46 AM
Name: OchsLeo
Title: County Manager
Date: 9/4/2012 2:05:58 PM
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9/1 V201 ' Item:
Items
i�
Contract Number: 1�- CP- 11- 09- 21- 01 -XXX
CSFA 31.067
STATE- FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, 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 below; 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 - Schedule of
Deliverables - Schedule of Payments (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, including those identified in Attachment I-,,
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties or. July 1, 2012, whichever is
later, and shall end June 30, 2013, 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. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal OMB Circular No. A -102, "Common Rule: Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular
No. A -110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A -87, "Cost
Principles for State, Local and Indian Tribal Governments," OMB Circular No. A -21, "Cost Principles for
Educational Institutions," or OMB Circular No. A -122, "Cost Principles for Non - profit Organizations."
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9!' 1/201_' Item 1 .E..�.
(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 allow 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 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 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 all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Scope of
Work - Schedule of Deliverables - Schedule of Payments (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
to the Division, its employees, and agents. 'Reasonable" shall 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 shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Division. 'Reasonable" shall ordinarily mean
normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Division 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., it shall
comply with the following:
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If the Recipient expends a total amount of State financiai 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 1 to 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 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 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 10.550
(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:
https: // apps. fldfs .com /fsaa /singleauditact.aspx.
(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 directly to each of the following:
The Division of Emergency Management at the following addresses:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
The Auditor General's Office at the following address:
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9/11/2012 Item 16.x.2
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 of Emergency Management 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 of
Emergency Management 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) 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 non-
compliance.
(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 Division 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 - Schedule of Deliverables -
Schedule of Payments.
(b) The Recipient shall provide additional program updates or information that may be
required by the Division.
The Division may impose a penalty equal to one - percent (1 %) of the total grant amount, for
each occurrence, if any of the deliverables in the Scope of Work - Schedule of Deliverables -
Schedule of Payments (Attachment A) are not submitted in a timely manner. The Recipient may
request an extension to any deliverable deadline due to extenuating circumstances. The Division
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at its discretion may extend any deiiverabie deadline upon receipt of a written request from the
Recipient.
(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
time schedules are being met, 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 of Work audits,
and /or other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures /processes deemed appropriate by the Division. In the event that the Division determines that
a limited audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division 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 will 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 768.28, 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 768.28,
Fla. Stat., agrees to be fully responsible for its negligent 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 Florida 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:
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9/1112 0 1 2 Item E.
(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 misleading 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
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 any one
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 placed in the United States, first
class mail, postage prepaid, by registered or certified mail- return receipt requested, to the address in
paragraph (13) herein;
Agreement;
(b) Begin an appropriate legal or equitable action to enforce performance of this
(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 include 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 performance,
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 ineligible;
(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
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this Agreement or fails to insist on strict performance by the Recipient, it wili not affect, extend or waive
any other right 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 written 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, telephone number, fax number and email address of the Division
contract manager for this Agreement is:
Mr. Timothy Date
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Telephone: (850) 410 -1272
Fax: (850) 488 -1739
Email: tim.date @em.myflorida.com
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9!11/20 1-` Iterr 1E . E.
(c) The name, address, telephone number, fax number and email address of the Representative of the
Recipient responsible for the administration of this Agreement is:
Richard Zyvoloski
Collier County Emergency Management
8075 Lely Cultural Pkwy
Naples, FL 34113
Telephone: 239 - 252 -3600
Email: richardzyvoloski @colliergov.net
(d) In the event that different representatives are designated by either party after
execution of this Agreement, notice of the name, address, telephone number, fax number and email
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
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. The Recipient agrees 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 business enterprise, 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 of Work - Schedule of Deliverables - 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
8
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Attachment G — Certification Regarding Debarment, Suspension, ineligibility and
Voluntary Exclusion
Attachment H — Statement of Determination
(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 $8,355.00 subject to the
availability of funds.
(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 (19)(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 oraer o� "Division of Emergency Management" and mailed directly to the following address:
Division of Emergency Management
Cashier
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
collection, Recipient shall 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 fulfill the
requirements of this Agreement. All of said information, representations, and materials are 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
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of tnis Agreement is in conflict with any applicable statute or rule, 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 this 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.
(d) This Agreement may be executed in any number of counterparts, any one 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 seg.), 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 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 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 $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:
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 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(g)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.
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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 G) 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.
(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.
Fla. Stat.
(j) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
(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.
(1) 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.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
( "INA ")]. 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 meetings 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.
(o) 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
Packet Page -3188-
r
9.11/2012 item 1 6.1.2
(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.
(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 of Lobbying Activities."
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 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 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 accruing under or in connection with the performance of this
Packet Page -3189-
12C leis"
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
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 the 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 entitlement 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 this 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. Coyle, Chairman
Date:
FEID# 59- 6000558 -156
ATTEST: Dwight E. Brock, Clerk Appyo ev o as to Form and Legal Sufficiency
By:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
By:
Name and Title: Bryan W. Koon, Director
Date:
13
Packet Page -3190-
9'11;2 912 Item 16.E.�`.
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 Hazardous Materials Planning and Prevention Program,
Catalog of State Financial Assistance Number 31.067 in the amount of $8,355.00.
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
Packet Page -3191-
Attacnment A
SCOPE OF WORK - SCHEDULE OF DELIVERABLES -
SCHEDULE OF PAYMENTS
Purpose
9"1/2�111,2 Item
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 planning requirements
of the Superfund Amendments and Reauthorization Act of 1986, Title Ill, "Emergency Planning and
Community Right -To -Know Act of 1986" and the Florida Emergency Planning and Community Right -To-
Know Act, Florida Statutes, Chapter 252, Part Il.
Requirements
A. The Recipient shall submit a list of facilities within the geographical boundaries of the County
listed on Attachment B 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.
B. 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" at; http: / /www.epa.gov/ emergencies /docs /chem /tech.pdf. 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, submitted in advance and approved by
the Division.
C. Conduct an on -site visit at each Attachment B 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 2.3 (download from):
http: /iwww.epa.gov /emergencies /content /cameo /index.htm. 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 physical address (no Post Office Box).
(c) Facility Identification
(1) Provide the State Emergency Response Commission Code
identification number (per Attachment B) in the Department field on
the Facilities page in CAMEO.
(2) Provide 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.
Packet Page -3192-
9/11/2012 Item 16.=..-
(e). Transportation Routes
List the main route(s) used to transport chemicals to the facility (from
the County line to the facility).
(f) 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
For each Extremely Hazardous Substance present at the facility at any
time up to one year prior to the site visit provide the proper
chemical name, Chemical Abstract Service (CAS) number and natural
physical state (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 Extremely Hazardous Substance the facility has on -site.
(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 type of storage container of each Extremely Hazardous
Substance (i.e., drum, cylinder, tank etc.).
(e) Nature of the hazard
Describe the type of hazard (i.e., fire, explosion) and health effects
(acute and chronic).
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 cause
Packet Page -3193-
irreversible acute health effects or death to human populations
following an accidental release.
(b) Facility Population
Provide the maximum number of employees present at the facility at
any given time (MUST BE AT LEAST ONE).
(c) Critical Facilities
Identify each critical facility by name and maximum expected
occupancy within each vulnerable zone (schools, day cares, public
safety facilities, hospitals, etc.). If there are no critical facilities within
the vulnerable zone, that shall be noted.
(d) Estimate Total Exposed Population
Provide an estimate of the total exposed population within each vulnerable
zone (facility employees + general population + critical facilities).
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 probability of release as Low, Moderate, or High based on
observations at the facility. Considerations should include history of
previous incidents ano 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
(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.
D. Supporting documentation shall be submitted to the Division which lists 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:
Facility has closed or is no longer in business.
2. Facility is not physically located in the County (indicate appropriate County location, if
known).
Packet Page -3194-
0/11 /2012 Item 1.`.2.
s. If the facility no longer has Extremely Hazardous Substances on -site or is below the
Threshold Planning Quantity, notify the facility representative of the requirement to
submit to the State Emergency Request Commission a;
(a) Statement of Determination (Attachment H).. or
(b) Letter identifying the date and reason (closed, replaced with less hazardous
substance) the Extremely Hazardous Substance is no longer present or below
threshold.
E. On -Site Visits
Conduct a detailed on -site visit, within the period of this Agreement, of all the facilities
listed in Attachment B, to confirm the accuracy and completeness of information in
the hazards analysis.
2. Submit a completed Hazards Analysis Site Visit Certification Form (Attachment E) to
the Division with the State Emergency Response Commission Code number included
in the file naming convention (SERC12345SV). Add the site visit certification form
to the Site Plan Tab of the Cameo Facilities Page for each facility visited or
contacted.
(a) On -Site visit exception for sulfuric acid
(1) For facilities listed on Attachment B that report the presence of only sulfuric
acid, an initial on -site visit is required and an on -site visit form (Attachment E)
signed and dated by the facility representative and the Recipient shall be
submitted to the Division.
(2) In Agreements subsequent to the initial on -site visit, the Recipient shall
contact the facility representative by email or telephone to verify the
presence of all extremely hazardous substances. The on -site visit form shall
be signed by the Recipient and identify the date the Recipient contacted the
facility representative. Another on -site visit is not required in subsequent
Agreements, unless, the facility reports the presence of another extremely
hazardous substance.
(3) If a facility representative reports the presence of an extremely hazardous
substance other than sulfuric acid in Agreements subsequent to the period of
Agreement in which the initial site visit was conducted, the Recipient shall
conduct an on -site visit and submit a completed on -site visit form
(Attachment E) to the Division.
3. For each facility that a hazard analysis is conducted, submit a site plan to the Division
with the State Emergency Response Commission Code number included in the file
naming convention (SERC12345SP). Add the site plan to the Site Plan Tab of the
Cameo Facilities Page. The site plan shall include:
(a) Location of major building(s)
(b) Name and location of extremely hazardous substance(s). If multiple extremely
hazardous substances are co- located, noting EHS is acceptable.
(c) Name and location of street(s)
Packet Page -3195-
a'1 1/2n *4 = Iterr 15._.'
(d) loentity pertinent access and egress point(s)
F. Ensure that the Hazards Analysis information is reflected in the County Local Mitigation
Strategy.
Scope and Schedule of Deliverables
Deliverable 1:
On or before November 1, 2012, the Recipient shall submit fifty (50) percent of the completed
hazards analyses for facilities listed on Attachment B to the Division for review and approval.
Deliverable 2:
On or before February 1, 2013, the Recipient shall submit the final fifty (50) percent of the
completed hazards analyses for facilities listed on Attachment to the Division for review and
approval.
Deliverable 3:
A. On or before May 15, 2013, the Recipient shall provide the Division one (1) copy (in CAMEO
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. On or before May 15, 2013, the Recipient 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. Participate in any technical assistance training session that may be required by the Division.
Schedule of Payments
Payment
Deliverable #1 - 45% of the Agreement Amount $3,759.75
Deliverable #2 - 45% of the Agreement Amount $3,759.75
Deliverable #3 - 10% of the Agreement Amount $835.50
Each payment shall be made upon satisfactory completion of the deliverable above and upon receipt of
an acceptable Financial Invoice (Attachment C).
Packet Page -3196-
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911,20 11 2 Iter?- 1 F. .�.
Attachment C
FINANCIAL INVOICE FORM
FOR
HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATE
RECIPIENT: Collier County AGREEMENT# 13- CP- 11- 09- 21- 01 -XXX
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
AMOUNT
REQUESTED
BY THE RECIPIENT
$
AMOUNT APPROVED
BY THE
DIVISION
C,
C,
(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 Official/Titie
Date
TOTAL AMOUNT TO BE PAID AS OF
THIS INVOICE $
n
Packet Page -3201-
Attachment D
1 4CIUTY INFORMfkT1 0Z1 RDS ANAL=YSIS GDN7R_FOT311 OtUK ISIAND aAMED CiIAIDE
The data shall be submitted electronically in a CAMEOfm version 2.3 zip file format.
Packet Page -3202-
?,Ppr Attarhmprif
Facility Phyq r;;lqrjrjre-s (Facility page)
a S1=
1 (Map Data tAb on Facility page-)
,F.qrilitvFmaMenryCoord'n,qtnrnsmp title phone # �includinp 24 hr numher� (Contact tab on Facility pagp)
Fvaruafinn Route(s) to exit the vulnPrahlp zone (Notes. tab on Facility pagt-)
Hi,,tor'rsl Accident Record 41f none please nn4 (Notes tab on Farift pagp)
lf+AZARD IDFNTIFI for each Extremely Hazardous Substance on site
Inventory
Chemical Abstract Service ((,'A,';) number (Chemical in InventinEy pagPjsj,I
—
Natural physical state lax. miyttire QurP .n . n .d pa i 1 e d D h L l
—
tab.l
Maximum quantity on-site in pounds C ! { ct Physical State and Quantity
Amount in laMest container or interconnected containers (Chemical in InventoEy pape�sj. Ph�jsicaf State and Quantity tabl
—
Type and design nf.,tnr;;gP rnntginer(q) l Py c fl' 'cr ctepi n.'rum carboy ` I (Chernicai 4C* Location
c ra et- t C .. 1 in ry e . Physical e and Quantity
v L glu L Sts for each Extremel , Hazardous Substance on site
Scenarin pages s�)
IF-inilitv P ipcl�lirc '°rjR oiona F... re �.�.,, : rr, nip P7 r;txrq r; ••af'. $r} ;^ .'ems tar, nr. :. E €r
lCritiral Facilities 1 name of i i s arj may orcunancv to, q,, rij none, j note"., (NQtoc tab on Scenario papes c
IF--qtim;;tp. Total Exposed Populatinn(s) ° r i , W perip.ml nonulation critical ciijfiEyes ( PC tab or. Scanarin, pagejs; 'f
P—I for each Extremely Hazardous Substance on site (Scenario Rageisil
f Risk Assessment at the bottom of the CAMEO Scenario Pages(s) will meet the four requirements below;
Rate probability of release {ex. low, medium or high)
Rate severity of consequences of human injury tex. low. medium or high;
Rate severity of consequences of damage to property (ex. low, medium or high)
Rate severity of consequences of environmental exposure {ex, low, medium or high)
ON -SITS Vis mS (for each facility and within the contract period)
Completed hazards analysis site visit form (submitted in CAMEO with SERC code in file name, SERC123456SV)
Site plan map (submitted in CAMEO with SERC code in file name, SERC123456SP) with sufficient detail to identify;
Location of major building(s)
Name and Location of Extremely Hazardous Substance(s) (If multiple extremely hazardous substances are co- located, noting EHS is acceptable.)
Name and Location of street(s)
Identify pertinent access and egress point(s)
The data shall be submitted electronically in a CAMEOfm version 2.3 zip file format.
Packet Page -3202-
9/11/2x'1_' Item 46.x.._.
Attachment E
FLORIDA
LNT; CNrq�C!l:.i
f,Jin1AI55i_'�q'
n•.cn:a.�:.
Name of Facility (Please print)
Name of County (Please print)
State Emergency Response Commission (SERC) Code
Name of Facility Representative (Please print)
Facility Representative Signature
Name of Inspector (Please print)
Inspector's Signature
Site Visit Date
Site Visit Date
The individuals signing above certify that a hazards analysis site visit was conducted on the above date
❑ Check if facility representative was informed about using FloridaHMIS.org for EPCRA on -line
filing
Packet Page -3203-
Ile- 1 r
Attachment F
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(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 activities. 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 OMB 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 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, 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.
Codes of conduct.
Packet Page -3204-
9/11/2C'2 Item E .E.2.
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 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 subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations 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 8:00 AM — 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.
Packet Page -3205-
1
9 '- l2111'- Ile- E
Attacnment G
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
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
Name and Title
Street Address
City, State, Zip
Date
Collier County
Recipient's Name
13-CP-1 1-09-21 -01 -XXX
Division Contract Number
Packet Page -3206-
9/11,2012 Item 10.x.2 >.
Attachment H
STATEMENT OF DETERMINATION
Facility Name
Physical Address (Street only)
_F
county ounty LEPC District
I have determined that this facility is / is not subject to the following section(s) of EPCRA, Title III, for the
reporting year(s) indicated (circle all applicable):
SECTION
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
302/303
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
311/312
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
313
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
If "No" was indicated on anv of the ahovP_ nlPacP rhprk annrnnrinta hnvic! whu-
Sections
302/303
Extremely Hazardous Substances (EHSs) are / were present only in amounts less than
established Threshold Planning Quantities TPQs .
No EHSs are Present.
No EHSs were present on -site during the year.
Sections
311/ 312
Hazardous chemicals /EHSs are /were present only in amounts below established reporting
thresholds.
No hazardous chemicals /EHSs are /were present.
No hazardous chemicals were present on -site during the year.
Section
313
Not within covered SIC Codes.
Within covered SIC Codes, but less than ten (10) employees.
Within covered SIC Codes, but no Section 313 chemicals were present or were below Section 313
reporting thresholds.
Other
Closed facility
YES / NO
Chemicals removed
YES / NO
Chemicals reduced below
threshold/TPQ YES / NO
Date Effective:
New Facility. Date chemicals brought on site meeting / exceeding TPQ:
Further explanation if necessary:
CERTIFICATION:
I understand the requirements of the law(s) circled above. I also understand that ultimate compliance
responsibility lies with me and failure to comply, if required, can result in civil and criminal penalties under federal
and state laws.
Name of owner /operators authorized representative (printed):
Official Title (printed):
Signature: JDate signed:
Packet Page -3207-