Item C19
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15.2004
Division: County Administrator
Bulk Item: Yes X
No
Department: Emergency Management
AGENDA ITEM WORDING: Approval of an Agreement with the State of Florida, Department of
Community Affairs concerning the Hazardous Material Plan, Contract # 05CP-11-11-54-0 1-000, and
authorization for Mayor to execute same.
ITEM BACKGROUND: Every year the State of Florida, Department of Community Affairs provides
the County with funds to perform facility hazards and risk analysis, update our Hazardous Materials
Plan and provide training in Hazardous Materials to county personnel and responders. A matching
amount is not required. The contract requires funds to be used for hazardous materials related
equipment and training.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the previous contract on
August 20,2003.
CONTRACT/AGREEMENT CHANGES: None.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $0.00
BUDGETED: Yes
No
COST TO COUNTY: $ 0.00
SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: Yes X No
AMOUNT PER MONTH N/ A Year $;951.00
APPROVED BY: County Atty YES OMB/Purchasing YES
Risk Management YES
DEPARTMENT HEAD APPROVAL:
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DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X To Follow
Not Required_
AGENDA ITEM #0 I q
DISPOSITION:
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with:
CONTRACT SUMMARY
Contract #05CP-II-II-54-0 1-000
DCA State of Florida
Effective Date: 7 tA. I\., I i ^ ~ 6 f'
Expiration Date: J'\.lN~ ,1(';;1.. t:JL{'
Contract Every Year the State of Florida, Department of Community Affairs
PurposelDescription:
provides the County with funds to perform facility hazards and risk analysis, update our
Hazardous Materials Plan and provide training in Hazardous Materials to county personnel
and responders. A matching amount is not required.
The contract funds are to be used for hazardous materials related equipment and
training.
Contract Manager:
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(Name)
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(Department/Stop #)
for BOCC meeting on
j)ec i~'i ;).I,r't Agenda Deadline: Nt'tJ~. ),(.,' ~{
CONTRACT COSTS
Total Dollar Value of Contract:
$2951.00
Current Year Portion: $
$2951.00
Budgeted? YesO No 0
Grant: $ $2951.00
County Match: $ N/A
Account Codes:
- - - -
-----
- - - -
-----
- - - -
-----
Estimated Ongoing Costs: $ O.OO/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For: $ 0.00
(e~. maintenance, utilities, janitorial, salaries, etc.)
- - - -
-----
Division Director
CONTRACT REVIEW
Changes ,/ /'7 /,.
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Risk Management
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O.M.B./Purchasing
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
Contract Number: 05CP-11-11-54-01-000
CSFA Number: 52.023
STATE-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and Monroe County, (hereinafter referred to as the "Recipienf').
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, the Department has received these funds from the State of Florida, and has the
authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Compensation
and Financial Reporting Requirements, Attachment A of this Agreement, and the Scope of Work and
Schedule of Payments, Attachment B of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin July 1, 2004 and shall end June 30, 2005 unless terminated
earlier in accordance with the provisions of paragraph (9) of this Agreement.
(4) MODIFICATION OF CONTRACT: REPAYMENTS.
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee Fl 32399-2100
In accordance with ~ 215.34(2), Fla. Stat., if a check or other draft is returned to the Department
for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(5) RECORDKEEPING.
(a) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow
the Department or its designee, Comptroller, or Auditor General access to such records upon request.
The Recipient shall ensure that audit working papers are made available to the Department or its
designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit
report is issued, unless extended in writing by the Department, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five year period, the records will be maintained until all litigation, claims or
audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for five years after final disposition.
after closing of title.
(b) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Scope of Work and
Schedule of Payments - Attachment B - and all other applicable laws and regulations.
(c) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
3. Records relating to real property acquisition shall be retained for five years
(6) REPORTS.
(a) If all required reports and copies are not sent to the Department or are not completed
in a manner acceptable to the Department, the Department may withhold further payments until they are
completed or may take such other action as set forth in paragraph (9). The Department may terminate
the Agreement with a Recipient if reports are not received within 30 days after written notice by the
Department. "Acceptable to the Department" means that the work product was completed in accordance
with generally accepted principles and is consistent with the Compensation and Financial Reporting
Requirements (Attachment A) and the Scope of Work and Schedule of Payments (Attachment B).
(b) Upon reasonable notice, the Recipient shall provide such additional program updates
or information as may be required by the Department.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure that time
schedules are being met and Scope of Work is being accomplished within specified time periods, and
other performance goals are being achieved. Such review shall be made for each function or activity set
forth in Attachments A and B to this Agreement. In addition, the Department will monitor the performance
and financial management by the Recipient throughout the contract term to ensure timely completion of
all tasks.
2
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and
Section 215.97, Florida Statutes (see "AUDIT REQUIREMENTS. below), monitoring procedures may
include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB
Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Department. In the event that the Department determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by the Department
to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General.
In addition, the Department will monitor the performance and financial management by the Contractor
throughout the contract term to ensure timely completion of all tasks.
(8) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely
responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save
the Department harmless against all claims of whatever nature by third parties arising out of the
performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is
not an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortuous acts which result in claims or suits against the Department, and
agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is
intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity
applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(9) DEFAULT: REMEDIES: TERMINATION.
(a) If the necessary funds are not available to fund this Agreement as a result of action
by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and
Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the
Department to make any further payment of funds hereunder shall, if the Department so elects, terminate
and the Department may, at its option, exercise any of its remedies set forth herein, but the Department
may make any payments or parts of payments after the happening of any Events of Default without
thereby waiving the right to exercise such remedies, and without becoming liable to make any further
payment:
1. If any warranty or representation made by the Recipient in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, or if
the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous agreement with the Department and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in any
reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of the
services required under Attachment A (Compensation and Financial Reporting Requirements) and
Attachment B (Scope of Work and Schedule of Payments) attached hereto.
3
(b) Upon the happening of an Event of Default, then the Department may, at its option,
upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to
timely cure, exercise anyone or more of the following remedies, either concurrently or consecutively, and
the pursuit of anyone of the following remedies shall not preclude the Department from pursuing any
other remedies contained herein or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty
(30) days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to
the address set forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce performance of
this Agreement;
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the
amount of costs incurred for any items determined to be ineligible;
law;
5. Exercise any other rights or remedies which may be otherwise available under
(c) The Department may terminate this Agreement for cause upon such written notice as
is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Fla. Stat., as amended.
(d) In addition to any other remedies, the Recipient shall return to the Department any
funds which were used for ineligible purposes under the program laws, rules, and regulations governing
the use of the funds under the program.
(e) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the
exact amount of damages due the Department from the Recipient is determined.
(f) The Department may terminate this Agreement at any time if the Recipient refuses to
fulfill any of its obligations under this Agreement. Prior to termination, the department shall provide thirty
(30) calendar days prior written notice of its intent to terminate pursuant to this provision and shall provide
the Recipient an opportunity to consult with the Department regarding the reason(s) for termination.
(g) The Department may terminate this Agreement for its convenience by providing the
Recipient with thirty (30) calendar days prior written notice.
(h) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish the effective date of
the termination and the procedures for proper closeout of the Agreement.
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(10) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the Recipient's contact person. The
Recipient is required to provide the name of a contact person and contact information as provided for in
Attachment B, Section 1 (Scope of Work), Task 1.
(b) In the event that a different contact person, address or telephone number is
designated by the Recipient after execution of this Agreement, notice to the Department is required within
30 days and shall include the new contact's name, address, telephone number and E-mail address.
The representative of the Department responsible for administration of this agreement is:
Mr. Timothy Date
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 410-1272
Fax: (850) 488-1739
Email: tim.date@dca.state.f1.us
(11) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to fulfill
the requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any power of approval or
disapproval granted to the Department under the terms of this Agreement shall survive the terms and life
of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336,42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
5
for the construction or repair of a public building or public work, may not submit bids on leases of 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 or on the discriminatory vendor list.
(12) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement. .
(d) If the Recipient is a non-state entity as defined by Section 215.97, Fla. Stat., and in
the event that the Recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific
audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive
Office of the Governor and the Comptroller; and Chapters 10.550 (local government entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement
indicates State financial assistance awarded through the Department by this Agreement. In determining
the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State
financial assistance, including State funds received from the Department, other state agencies, and other
non-state entities. State financial assistance does not include Federal direct or pass-through awards and
resources received by a non-state entity for Federal program matching requirements.
'.
In connection with the audit requirements addressed in paragraph 12(d) above, the
Recipient shall ensure that the audit complies with the requirements of ~215.97(7), Fla. Stat. This
includes submission of a reporting package as defined by ~215.97(2)(d), Fla. Stat. and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
If the Recipient expends less than $300,000 in State financial assistance in its fiscal year,
an audit conducted in accordance with the provisions of ~215.97, Fla. Stat, is not required. In the event
that the Recipient expends less than $300,000 in state financial assistance in its fiscal year and elects to
have an audit conducted in accordance with the provisions of ~215.97, Fla. Stat, the cost of the audit
must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the
Recipient's resources obtained from other than State entities).
(e) Report Submission
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement
number.
3. Copies of financial reporting packages required under this Paragraph 12 shall
be submitted by or on behalf of the Recipient directlv to each of the following:
6
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
And
Department of Community Affairs
Division of Emergency Management
Bureau of Compliance Planning and Support
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Any reports, management letter, or other information required to be submitted
to the Department pursuant to this Agreement shall be submitted timely in accordance with 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 Department
for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the Recipient in correspondence accompanying the reporting
package.
(f) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this agreement for a period of five years from the date the audit report is issued, and shall allow
the Department, or its designee, the Comptroller, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Department, or
its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the
audit report is issued, unless extended in writing by the Department.
(g) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
(h) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of five years after the date of
submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the
expiration of the five-year period, the records shall be retained until the litigation or audit findings have
been resolved.
(i) The Recipient shall have all audits completed in accordance with ~ 215.97, Fla. Stat.
by an independent certified public accountant (IPA) who shall either be a certified public accountant or a
7
public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with
the applicable provisions noted above.
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within thirty (30) days after
execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor
is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the
Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
(14) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Compensation and Financial Reporting Requirements
Attachment B - Scope of Work and Schedule of Payments
Attachment C - County Facilities Listing
Attachment D - Financial Invoice
Attachment E - Warranties and Representations
(16) FUNDING/CONSIDERA TION.
(a) This is a fixed fee agreement. As consideration for performance of work rendered
under this Agreement, the Department agrees to pay a fixed fee of up to $2,951.00. Payment will be
made in accordance with the provisions of Attachment A (Compensation and Financial Reporting
Requirements). An invoice shall be submitted with each deliverable which is in detail sufficient for a
proper pre-audit and post-audit thereof.
(b) The sole intent of this Agreement is to provide financial assistance to the Recipient to
support the conduct of site-specific hazards analyses and hazardous materials emergency management
activities. It is therefore required that all expenditures paid from this fund be directly related to hazardous
materials preparedness, response, recovery or mitigation activities. Contract funds are not required to be
expended within the contract period. Any payments received after termination of the Agreement shall be
considered payments for work performed pursuant to the Agreement.
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(b) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper pre-audit and post-audit thereof.
8
(c) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with this Agreement.
(d) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be retumed to the Department or be applied against the
Department's obligation to pay the contract amount.
(e) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")). The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 27 4A( e) of the I NA. Such violation by the Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
(18) STATE LOBBYING PROHIBITION.
No funds or other resources received from the Department in connection with this Agreement
may be used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
(19) COPYRIGHT. PATENT AND TRADEMARK.
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient brings to the 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.
(b) If any discovery or invention arises or is developed in the course of or as a result of
work or services performed under this Agreement. or in any way connected herewith, the Recipient shall
refer the discovery or invention to the Department for a determination whether patent protection will be
sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with
the 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 transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the 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.
9
(20) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(21) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant
to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State
Comptroller's Hotline at 1-800-848-3792.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
RECIPIENT: MONROE COUNTY
Signature
Date
FEID#
Typed Name of Signatory and Title
STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
Signature
Date
W. Craia Fuaate. Director. Division of Emeraencv Manaaement
Typed Name of Signatory and Title
10
EXHffiIT -1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Department of Community Affairs, Florida Hazardous Materials Planning and Prevention Program, Catalog
of State Financial Assistance Number 52.023 in the amount of$2,951.ob.
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 D.S.C. s. 11001, et seq. (SARA).
2. Florida Hazardous Materials Emergency Response and Community Right-to-Know Act of 1988, Chapter 252,
Part II, Florida Statutes
REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY
11
Attachment A
COMPENSATION AND FINANCIAL REPORTING REQUIREMENTS
A. Upon execution of this Agreement, the Recipient shall be compensated for tasks completed in
accordance with the Scope of Work and Schedule of Payments, which are incorporated in this Agreement
as Attachment B, except as provided herein.
B. Of the facilities listed on Attachment C, fifty (50) percent of the completed hazards analyses,
shall be received by the Department not later than November 1, 2004 and the final fifty (50) percent of the
completed hazards analyses shall be received by the Department not later than February 1, 2005 except
that later dates may be agreed upon in writing by both parties to this Agreement. Absent any extenuating
circumstances. and except as otherwise provided in this Agreement work submitted after
February 1. 2005 will not be accepted, reviewed or compensated. The Department will be the sole
authority for determining extenuating circumstances and granting extensions to the work submission
deadline.
C. Each request for payment shall be initiated by the Department upon receipt of an acceptable
Financial Invoice (Attachment D) that is supported by a product that meets the requirements of this
Agreement. The Recipient's authorized official shall sign the Financial Invoice. The Recipient shall
submit a Financial Invoice for payment that is commensurate with the percentage of hazards analyses
submitted. The payment of the percentages of the fixed fee amount will be made on a performance basis
in accordance with the percentage of work tasks submitted. except that the final 25 percent will not be
released until the final work product is completed, submitted, and determined to be acceptable by the
Department. Upon acceptance of the Hazards Analysis by the Department. an accepted copy of the
hazards analyses shall be sent to the applicable Local Emergency Planning Committee and notification
shall be made to all Section 302 facilities (for which a hazards analysis was conducted) and response
agencies that the hazards analysis information is available upon request.
D. In the event that the Recipient submits less than fifty (50) percent of the completed hazards
analyses on November 1, 2004 or less than the final fifty (50) percent of the completed hazards on
February 1, 2005. then the payment due may be reduced by an amount commensurate with the number
of omitted hazards analyses and the number of days late, if any.
E. If the Department finds that the Recipient is not in compliance with the terms of this
Agreement. or is not in compliance with any other grant program administered by the Department, then
without waiving its right to terminate this Agreement, the Department may, with written notice. withhold
payment until the Recipient is in compliance with and is performing satisfactorily under this Agreement or
the applicable requirement of any other grant program administered by the Department. The notice will
be sent by Certified Mail. with return receipt requested. to the designated contact person. Noncompliance
under this section includes, but is not limited to, the Recipient's failure to submit timely, accurate and
complete products required under this Agreement.
End Attachment A
12
Attachment B
SCOPE OF WORK AND SCHEDULE OF PAYMENTS
PURPOSE
Submission of completed hazards analyses that comply with the hazardous materials site-specific
hazards analysis criteria outlined in this Attachment. The primary guidance document is the "Technical
Guidance for Hazards Analysis." All hazards analyses shall be consistent with the provisions of this
document. Any variation from the procedures outlined in this document must be requested in writing by
certified mail, return receipt requested and approved by the Department.
I. SCOPE OF WORK
TASK 1: Coordination of Activities
The following includes, but is not limited to, activities to be performed under this Agreement:
A. Submit to the Department by August 15, 2004 the Recipient's contact person's name,
address, telephone number, E-mail address and the name of the software utilized to
develop the hazards analyses.
B. Submit to the Department by August 15, 2004 one completed sample hazards analysis for
review of consistency with the established planning criteria.
C. Within the period of the Agreement, participation in a technical assistance training session
provided by the Department. The Department reserves the right to waive this requirement.
D. Within the period of the Agreement, submit a list of facilities believed to have present
Extremely Hazardous Substances (EHSs) as designated by the Environmental Protection
Agency (EPA) in quantities at or above the Threshold Planning Quantity (TPQ), but have
not reported to the State Emergency Response Commission (SERe).
E. Upon Department approval of the completed hazards analyses, notify response agencies
within the District of the availability of the hazards analyses update information and make
that information available upon request.
F. Upon Department approval of the completed hazards analyses.l. notify Section 302 facilities
of the availability of the hazards analysis update information and make that information
available upon request.
G. Upon Department approval of the completed hazards analyses, provide a copy of the
approved hazards analyses update to the applicable Local Emergency Planning
Committee.
H. Ensure that the Hazards Analysis information is reflected in the county Local Mitigation
Strategy.
13
TASK 2: Review and Update of Hazards Analvses
A. Review and update hazards analyses for all facilities listed in Attachment C, which have
reported to the SERC that they have present those specific EHSs designated by the EPA in
quantities at or above the TPQ. It is required that each Attachment C facility be contacted by
on-site visit to ensure accuracy of hazards analysis. Each facility hazards analysis must
include, but is not limited to, the following items':
1. Facility Information
a. Facility name and address
Provide both physical address (no Post Office Box) and mailing address,
if different. Identify any discrepancies regarding facility name and/or
address compared to the Attachment C listing.
b. Facility Identification
SERC Code and geographic coordinates (latitude and longitude).
c. Facility Emergency Coordinator
Provide the name, title and telephone number (include 24-hour) of the
designated facility emergency coordinator.
d. Transportation Routes
List the main routes used within the County to transport chemicals to and
from the facility.
e. Evacuation Routes
Based on wind direction from the North, South, East and West, identify the
route(s) from the facility to exit the Vulnerable Zone (VZ).
f. Historical Accident Record
Describe any past releases or incidents that have occurred at each
facility. Include date, time, chemical name, quantity and number of
persons injured or killed (This information is available from the facility). If
it is determined that a facility does not have a historical accident record,
that shall be noted.
2. Hazard Identification
a. Chemical identities
Provide proper chemical name, CAS number and natural physical state
of each EHS present at the facility at any given time according to exhibit
C of the Technical Guidance for Hazards Analysis.
b. Maximum quantity on-site
Express in exact pounds (not range codes) the maximum quantity of
each EHS the facility would have on-site at any given time.
14
c. Amount in largest container or interconnected containers
Express in pounds the amount of each EHS stored in the largest
container or interconnected containers (this is the release amount used
to determine the Vulnerable Zone).
d. Type and design of storage container or vessel
Indicate the storage method of each EHS, Le., drum, cylinder, tank, and
their respective capacities (It is helpful to indicate system types such as
manifold versus vacuum as well).
e. Nature of the hazard
Describe the type of hazard most likely to accompany a spill or release of
each EHS, Le., fire, explosion.
3. Vulnerability Analysis
a. Extent of the Vulnerable Zone
Identify the estimated geographical area that may be subject to
concentrations of an airborne EHS at levels that could cause irreversible
acute health effects or death to human populations within the area
following an accidental release. Plot that geographical area on a map
indicating the Vulnerable Zone for each EHS present at the facility at or
above the TPQ. Enter the facility name, SERCcode, chemical(s) name
and vulnerable zone(s) radius on vulnerable zone map(s).
b. Estimate Facility Population
Provide an estimate of the maximum number of employees present at
the facility at any given time.
c. Critical Facilities
Identify each critical facility and each facility's maximum expected
occupancy, within each VZ, which are essential to emergency response
or house special needs populations (schools, day cares, public safety
facilities, hospitals, etc.).
d. Estimated Exposed Population
Provide an estimate of the maximum possible population (including facility
employees, critical facilities etc.) within the VZ(s) that would be affected in a
worst case release for each EHS on site.
4. Risk Analysis
a. Probability of release
Rate the probability of release as Low, Moderate, or High based on
observations at the facility. Considerations should include history of
previous incidents and current conditions and controls at the facility.
b. Severity of consequences of human injury
Rate the severity of consequences if an actual release were to occur.
15
c. Severity of consequences of damage to property
Rate the potential damage to the facility, nearby buildings and
infrastructure if an actual release were to occur.
d. Severity of consequences of environmental exposure
Rate the potential damage to the surrounding environmentally sensitive
areas, natural habitat and wildlife if an actual release were to occur.
B. Identify those facilities in Attachment C for which a hazards analysis was not submitted.
Supporting documentation must be provided with a list to account for the facilities for which a
hazards analysis was not completed. In addition to the SERC Code Identification, supporting
documentation should indicate:
1. Facility has closed or is no longer in business.
2. Facility is not physically located in the County (indicate appropriate County location, if
known). .
3. Facility does not have EHSs on-site or EHSs are below TPQ. These facilities require:
a. A Statement of Determination from the facility representative for the previous
reporting year; or
b. A letter from the facility representative fully explaining why the EHSs are not now
present at or above TPQ and a date when the EHSs were removed from the
facility .
TASK 3: On-Site Visits
A. Conduct a detailed on-site visit for all of the facilities listed in Attachment C, to confirm the
accuracy and completeness of information in the hazards analysis (Task 2).
B. Submit a compact disk or diskette with a high resolution and date stamped digital image of
the EHS(s) on site at all applicable facilities listed on Attachment C. The recipient may
expend funds from this grant to purchase a digital camera with the capability to perform the
requirements listed above when a comparable camera is not available. An alternate
verifiable format may be approved by the Department upon request.
C. Submit a site plan map with the SERC code number and in sufficient detail to identify:
1. Location of major building(s)
2. Location and identification of EHS container(s)
3. Location of major street(s) and entrance(s)
4. North arrow and scale, if determined, or not to scale
D. Provide the date of the on-site visit.
16
TASK 4: Submission. Distribution and Notification of the Aooroved Hazards Analvses
A. Upon Department approval of all required hazards analyses, one (1) copy of each approved
hazards analysis (hard copy and/or electronic format) shall be submitted to the Department.
A complete copy of each approved hazards analysis shall be sent to the Local Emergency
Planning Committee and a copy of the transmittal letter shall be submitted to the Department.
B. Upon Department approval of all required hazards analyses, notify all facilities (for which a
hazards analysis was required) and response agencies of the availability of the hazards
analyses information and submit proof of said notification to the Department.
II. SCHEDULE OF PAYMENTS
A. The first payment of fifteen (15) percent of the fixed fee amount is payable upon receipt of an
acceptable financial invoice (Attachment D), receipt of the Recipient's contact person's name,
address, telephone number, E-mail address, name of software utilized to develop the
hazards analyses and receipt of one completed sample hazards analysis due on or before
August 15, 2004.
B. A second payment of thirty (30) percent of the fixed fee amount is payable upon receipt of an
acceptable financial invoice (Attachment D) and the completed hazards analyses due on or
before November 1, 2004. A third payment of thirty (30) percent of the fixed fee amount is
payable upon receipt of an acceptable financial invoice (Attachment D) and the completed
hazards analyses due on or before February 1, 2005. If less than the required amount of
hazards analyses are submitted on the due dates, payments may be made on a performance
basis that is commensurable with the percentage of hazards analyses submitted. Absent any
extenuating circumstances, and except as otherwise provided in this Agreement, work
submitted after February 1, 2005 will not be accepted, reviewed or compensated. The
Department will be the sole authority for determining extenuating circumstances and granting
extensions to the work submission deadline.
C. A final payment equal to Twenty-five (25) percent of the fixed fee amount may be released
upon receipt of an acceptable financial invoice (Attachment D) and upon Department
approval of all required hazards analyses.
End Attachment B
17
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Attachment D
FINANCIAL INVOICE
FOR
HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATE
RECIPIENT: MONROE COUNTY
AGREEMENT #
TOTAL AMOUNT
AMOUNT AMOUNT APPROVED
REQUESTED BY THE
BY THE RECIPIENT DEPARTMENT
$ $
$ $
$ $
$ $
$ $
(To be completed by
the Department)
1. Contact and Sample (15% Max.)
2. Hazards Analyses (30% Max.)
(50% completed/submitted)
3. Hazards Analyses (30% Max.)
(50% completed/submitted)
4. Final Work Product Completed (25%)
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 Officialffitle .
Date
TOTAL AMOUNT TO BE PAID AS OF
THIS INVOICE $
AUTHORIZED BY
(To be completed by the Department)
19
Attachment E
Warranties and Representations
financial Management
Recipient's fmancial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the fmancial results of this project or program in
accordance with Paragraph (7) and Paragraph (12) ofthis Agreement.
(2) If applicable, records that identify adequately the source and application of funds for all federally-
sponsored activities. These records shall contain information pertaining to Federal awards,
authorizations, obligations, un-obligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
adequately safeguard all such assets and assure that they are used solely for authorized purposes.
(4) Comparison of outlays with budget amounts for each award. Whenever appropriate, fmancial
information should be related to performance and unit cost data.
(5) If applicable, written procedures to minimize the time elapsing between the transfer of funds to the
Recipient from the U.S. Treasury and the issuance or redemption of checks, warrants or payments by
other means for program purposes by the recipient. To the extent that the provisions of the Cash
Management Improvement Act (CMIA) (pub. L. 101-453) govern, payment methods shall be
consistent with CMIA Treasury-State Agreements or the CMIA default procedures codified at 31 CFR
part 205, "Withdrawal of Cash from the Treasury for Advances under Federal Grant and Other
Programs. "
(6) If applicable, written procedures for determining the reasonableness, allocability and allowability of
costs in accordance with the provisions of the applicable Federal cost principles and the terms and
conditions of the award.
(7) Accounting records, including cost accounting records that are supported by source documentation.
Competition.
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and
free competition. The recipient shall be alert to organizational conflicts of interest as well as noncompetitive
practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure
objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft
specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. A wards shall be made to the bidder or offeror whose bid or offer is
responsive to the solicitation and is most advantageous to the recipient, price, quality and other factors considered.
Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer
to be evaluated by the recipient. Any and all bids or offers may be rejected when it is in the recipient's interest to do
so.
Codes of conduct.
The recipient shall maintain written standards of conduct governing the performance of its employees engaged in the
award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or
administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved.
Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or
20
her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a
financial or other interest in the firm selected for an award. The officers, employees, and agents of the recipient shall
neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to sub-
agreements. However, recipients may set standards for situations in which the fmancial interest is not substantial or
the gift is an unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to be
applied for violations of such standards by officers, employees, or agents of the recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one
employee on site, from at least 9:00 am to 5:00 pm, Monday through Friday.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of
the particular work for which they are hired by the Recipient.
End Attachment E
21