i 2007 - welcome to columbia county online offlorida bank ofamerica purchasing card application...

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COLUMBIA COUNTY BOARD OF COUNTY COMMISSIONERSPOST OFFICE BOX 1529

LAKE CITY, FLORIDA 32056-1529

COLUMBIA COUNTY SCHOOL BOARD ADMINISTRATIVE COMPLEX372 WEST DUVAL STREET

LAKE CITY, FLORIDA 32055

AGENDA

OCTOBER 4 I 2007

7:00 P.M.

7:00 P.M. Invocation

7:05 P.M. Pledge to U.S. Flag

7:10 P.M. STAFF MATTERS:

HONORABLE ELIZABETH PORTER, CHAIRPERSON

DISCUSSION:

(1) Purchasing Card Agreement - Bank of America

SECOND PAGE

COMMISSIONERS COMMENTS

PUBLIC COMMENTS

ADJOURNMENT

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State of FloridaBank of AmericaPurchasing Card

Application

Check the box which applies:

D Payments will be processed through theState of Florida's Departnlent ofBanking and Finance.

D Paynlents will be processed directly toBank of America.

Bank ofAmerica ~~1/?4

ST\TE OF FLORID.\ / B \NK OF ,\;\IERIC\ Vrs.\ Pl RCH.\SI:"(; C\@ApPUC\rlO;\iDoes your Organization currently bank with Bank of America? .. YES, Location: _

Entity Information (Please type or prior):

I\Llrne of EnTity I/\S It 'NIll 8ppear on card). Llmi1 24 spaces

. Entity. L~~~!.~aJ!l.~ __._ . _"' __. ....__ .. . ._.. ",__,, ._._..__._. .. .____ __ ____... . ...

Street Address

.CI~Y ~I.~~~e_ ..._.. . ._._. . .2a!~~~. .._ .__ .__. _.__. .__"_ .

Bu.s'~~~:'l. ~h_?_~_. . . . ~~~§..~.!.~te_e~_. .. .._ .

Type 01 OrganIzation:

o State Agency

o Municipality

o Community College

o District School Board

o SpecIal District {type) ...~ .._.__

o Other (specify) ,_,_,,__ ,,_,__,.,_,

o County

Program AdminIstrator:

Business Address

o County Constitutional Office (specify) _._.__ ~ ._.. . ._

Title

.citL_._.__._. ._~~I_~ ._ ..Zip_. ..§.~sif1e.~Phon~__.. .__._. ._

E maif oddress

Back-LJp Program Administrator

NClme

Business /\ddress

State

Email Clddress

Program Information:

Zip

Fax Number

Title

Business PhonB

Fax Number

What is your projected arlf1u.1f do(far volume IJsing the Purcllasillg Card?

2. How many cards do you 8.ntlcipJte Initially? .. __ __ _At lull JmplemAnlDllion?

To ENSURE PROMPT PROCESSING:

o Complete Application and Signature and Authorization: Complete al\ sections including Sign.:ltureisl AuthorJzalion .:lnd Cer1ifica:8 of Authority

o Financial Statements: For Entitles processing payments directly to B""nk of America. enclose your two most recentyears audited financial statements.

o Forward the completed application, along with all required documentation, to your Bank of America AccountRepresentative.

Electronic Transmission and Reporting:

o EDI

o Statement Billrng File (ASCII)

o Info Span/CPA

o EAGLS

Signature and Authorization:

Payment Method:

o ACH Debit

o ACH Credit

o Wire Transfer

To be signed by person authorized to enter Into the Agreement:The entity named above the (the 'Entity"), by the signature of its authorized officer or employee bBlow, requests Ihal a Visa PurchasingCard account be established by Bank 01 America. NA. USA in the name of the Enlity. and that Visa Purchasing Cards be issued 10 therepresentatives ot [he Entity as the Entity designates from lime to time. The Entity agrees 10 be liable for transactions made on the account.C\nd shall pay Bank 01 America. N.A. USA the account charges in accordance with the Bank of America Purchasing Card Program Agreement will) Ihe State 01 Florida dated February 4, 1997, as it may be Clmended from time 10 time (the 'Agreemenl'·). The Entity herebyacknowledges receipt 01 a copy of lhe Agreement. The Entity agrees that it shall be considered a participating Entity, as such lerm isdefined in tile Agreement and as such shall fulfill all Participant Entity obligations. If the Entity utilizes electronic dala interchange (EDI)Ihrough the Florida Department of Management Services (DMS) for billing and information processing and to Ihe extent Ihat funding is 110tlawfully available to the Division 01 Purchasing of DMS to pay the EDI costs, then the Entily agrees 10 pay OMS Its proportionate share ofelectronic dala Interchange costs (EDIl. as determined at the sale discretion of OMS. The Entity understands that its participation in thePurchasing Card Program may be immediately terminated If it fails to make timely payments hereunder or otherwise as permllted in theAgreement. If the Entity process payments directly !o Bank of America and the Agreement should termlnate. Bank of America may, as ilSoption. upon notice 10 the Entity, termlnale Entitys aCCiJunt or issue new terms for the account. I hereby certify that I am authorized 10 signthis application for the Bank of America Purchasing Card Program and to contractually bind the Entity to al/ terms and conditions foundherein, Without limitalion, tor the duration of the saId contract. The legal basis upon which this authorization eXists is as follows

Florida Law (please give citation): . .~._. . . ._. .__

FlOrida Administrative Code or ordinance (please give citation): __ .. .. .. _. __ . ._.

Other (please give reference or cifation).

Name (print)·

Signature:

Title:

Date:

Entity or Organization: , . ._. ~ __... _

Certificate of Authority (to be signed by Counsel for Participating Entlty.lOrganlzatlon):

TI1I',; cel1ities that IS aUlhorized by Ihe specilic provlslons 01 IhE: Flor;d.l~':;lnllJtes. Flortda Adminlslral:ve COde or olher leq<'ll CllJthority clled above. 10 Sign Ihe JppliCJtion for Ihe B;:wk of /\mr.ricd PUrChaSIF'J C,n1ProqrJJn on beh,ll1 of Ihe l1ilmcd Enlity.Org;llllZ3lion In this .1ppllcalion cll1d by so signlng binds the Entity 'OrgilniZ~Hil)n to all tmms .tlld

':ondllil)n~ found herein, w<lhoul I'nllt;illon. for Ihe dur,lrion oll/~e :;;:Jid con/r.lel.

Floric;) 8.tr I 0 ~Ju,r.bpr

Entity Categoric, A Jild B. Bank of America resen'.:s (h~ righl to r~negoti;jte trJtlSJ(tiol1 feesfor Large Tick.::t qualif~jng trJl1saclions. as mll(u;lll) agreeable b: both panics.

·t Other Terms. A.II other terms and conditions of the I\grccmcnt and its pre\i(lll~ly c'(<:cllledAmendments n:m;)in the same.

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FLORIDADfPARTMENT

OFMANAGEMENT

SERVICES

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Suite 315

August [2, 1999

MEMORANDUM NO.: (973-120-97-1 )-4

TO: Department Addressed

FROM: H. P. Barker, Jr., CPPOChief, Bureau of Procurement and Contract Management

SUBJECT: Contract No. 973-120-97-1Title: Purchasing Card Services

Please make the following changes in the subject contract:

Delete: Certification of Contract and Page 26

Add ·Certification of Contract and Page 26 "'(Rev II Aug 99)

This Memorandum reflects information changes on the Certification of Contract, and on the OrderingInstructions.

PLEASE NOTE

Whether getting price quotes or placing orders by telephone, please ask the vendor if they acceptVlSA instead ofasking if they accept the "State of Florida Purchasing Card". Some vendors don'tidentifY the "State of Florida Purchasing Card" as a VISA card. Again, please remember to ask iftht:yaccept VISA.Also note that NationsBank and Bank of America have merged to from Bank of America N. A.,therefore, the current Purchasing Card has a new look. The card now features the corporate logo andthe new legal name, Bank of America, N, A. Existing cardholders will receive new cards uponrenewal of their current cards expirations date. The look of the card is the only thing that has changed.All policies and procedures remain the same.

Any questions or problems in delivery or service that may arise regarding this contract should bedirected to Marvin Williams at 488-8366, Suncom 278-8366. .

HPB/mw/kla

Suite 3 J5

February 10, 1999

MEMORANDUM NO.: (973-120-97-1 )-3


FROM: George C. Banks. CPPODirector, State Purchasing



Delete: Page: 26

Add: Page: *26 -(Rev II Feb 99)

This memorandum reflects changes on the ordering instructions.

Any questions or problems in delivery or service that may arise regarding this contract should bedirected to Marvin Williams at 488-8366. Suncom 278·8366, [email protected]

GCB/mwlkla

SuiteJI5

December 16, 1998

MEMORANDUM NO.: (973-120-97-1 )-2


FROM; George C. Banks. CPPODirector, State Purchasing



Delete: Certification of Contract and Page 26

Add: ·Certitication of Contract and Page 26 >I«Rev 16 Dec 98)

This memorandum reflects information changes on the certification of contract, and on the orderinginstructions.

Any questions or problems in delivery or service that may arise regarding this contract should bedirected to Marvin Williams at (850) 488-8366, Suncom 278-8366. [-Mail [email protected].

GCB/mw/lns

June 18, 1997

MEMORANDUM NO.: (973-/20-97-1 )-1

Suite315


FROM: George C. Banks, CPPODirector. Division of Purchasing


At the present time, some State term contractors, or PRIDE. or RESPECT may not have the capabilityto process purchases for State agencies using the State Purchasing Card or Electronic purchase orders.

The inability of any State term contractor, or PRIDE, or RESPECT. to accept payment by use ofElectronic Commerce Purchasing (card or electronic purchase order) is not justification for purchasingfrom alternate sources at this time.

If additional infonnation is needed, please contact Marvin Williams at (850) 488-8366, Suncom 2788366.E-Mail mailto:[email protected]

GCB/hpb/mw

~,.

!I Il BI·~II. I;, \\ I'll'.' lR

TIN IJlI1illij'tliltiN IIlId Opm ItiOIlJ. I/7lJ0/ F/oridtl:r COl'm/lllfllt ~.. OEPARTMENT OF MANAGEMENT

SERVICES\\'1111.\\1 S. SI~I'-)\.. ~I 'Ill r \RY

CERTIFICATION OF SERVICE CONTRACT

TITLE: Purchasing Card Services

CONTRACT NO.: 973-120-97-1

BID NO.: 4-973-120-W

EFFECTIVE: July 7, 1997 through July 5, 2007(Amendment 4)

SUPERSEDES: New Contract

CONTRACTOR(S): Bank Of America. N. A., (USA) (A)(Rev II Aug 99)

A, AUTHORITY - Upon affirmative action taken by the State of Florida Department ofManagement Serv ices on February 4, 1997. a contract has been executed between theState of Florida and the designated contractors.

B. EFFECT - This contract was entered into to provide economies in the purchase ofPurchasing Card Services by all State of Florida agencies and institutions. Therefore, incompliance with Section 287.057, Florida Statutes, all purchases of these services shouldbe made under the terms, prices, and conditions of this contract and with the suppliersspecified.

C. ORDERING INSTRUCTIONS - All purchases shall be made in accordance with theattached ordering instructions. Purchaser shall order at the prices indicated, exclusive ofall Federal. State and local taxes.

All contract purchase orders shall show the Division of Purchasing contract number,description of service with un it prices extended and purchase order totaled. (Thisrequirement may be waived when purchase is made by a blanket purchase order.)

D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perfonnaccording to the requirements of this contract on Complaint to Vendor. form PUR 70t7.Should the vendor fail to COrTeet the problem within a prescribed period of time, then formPUR 7029, Request for Assistance. is to be filed with Ihis office.

E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed foryour information. Any restrictions accepted from the supplier are noted on the orderinginstructions.

F. CONTRA.CT APPRAISAL FORM - State Contract Appraisal. fonn PUR 7073 should be usedto provide your input and recommendations for improvements in the contract to the Division ofPurchasing for receipt no later than 90 days prior to the expiration date of this contract.

A lIthorized Signature

DC/mej

Attachments

CONTRACT ADMINISTRATOR

DAVID COMER

PHONE: (850) 487-4196

SUNCOM 277-4196

E-MAIL: : "

(Rev 4 Apr 04)

SPECIAL CONDITIONS

PURPOSE

It is the intent of this solicitation to obtain proposals from qualified vendors and subsequently contract for astatewide Procurement Card for a five (5) year period. This statewide procurement credit card service will beutilized by State of Florida agencies, institutions and other eligible entities for the purchase of goods, andservices, which includes airfare, rental cars, long distance calling services, and lodging expenses of travelers.

SCOPE

Initially, a pilot program will limit participation to not more than ten (10) State agencies. Following the pilotperiod of three (3) months and based on an evaluation of the program's success, the program will be availablefor use by all eligible users. The pilot program period of three (3) months is included within the five (5) yearcontract period.

The State of Florida through its agencies intends to obtain the abi Iity to make purchases through the use of aProcurement Card.

This Request for Proposal (RFP) contains in fonnation and instructions to enable interested suppliers toprepare and submit proposals and supporting material. To be considered responsive, a proposer must submit acomplete proposal that satisfies all requirements as stated in this RFP. This RFP outlines requirements of theState of Florida Procurement Card Service Program. evaluation criteria, and Contractor's responsibilities. Italso describes the major tenns and conditions the contractor will be required to accept as part of aperformance contract. A list of key dates follows.

OPTIONAL CONTRACT USAGE

In addition to the eligible users referenced above and with the consent of the successful proposer. purchasesmay be made under the terms and conditions of this Invitation to BidlRequest for Proposal, by governmentalentities located outside the State of Florida. Appropriate governmental entities' purchasing laws, rules andregulations shall apply to purchases made under this contract.

CONTRACT ADMINISTRATfON

The contract resulting from this Solicitation will become a public document. The State of Florida, Division ofPurchasing (DOP), is using the Florida Communities Network (FeN) on the Internet World Wide Web(WWW) to distribute contract and product information to users of State Term Contracts. Contract infonnationincludes certification, special conditions, and revisions. Product infonnation includes specifications, pricing,ordering in fonnation, and rev isions.

The following components and activities will be required of each CONTRACT HOLDER unless specificallyexempted. in writing, by the DOP:

3

• INTERNET HOME PAGE: Each CONTRACT HOLDER will be required to develop and maintaina Home Page on the Internet WWW. The Home Page must be built and then maintained over the lifeof the State Term Contract to be compatible with the most recent version of browser soltware beingused by the DOP. As of the writing of this Solicitation, Netscape Navigator 2.0 is the DOP browserstandard. The DOP intends to upgrade to new browser versions as they become available and fullytested, at its discretion.

Each CONTRACT HOLDER Home Page must include. at a minimum. text based information aboutthe products and/or services to be provided under the contract that effectively describes the product orservice. Though not required at this time, it is highly recommended that graphics and/or audio basedinformation also be used.

Descriptions of products or services must be organized on the CONTRACT HOLDER Home Pagebased on DO? Commodity Code. A separate Universal Resource Locator (URL) must be provided foreach DOP Commodity Code.

The URL for the Home Page must be listed in the space provided on the Ordering Instructions page ofthe bid.

• PRICE LISTS: DOP, at its discretion, will allow the CONTRACT HOLDER to configure its ownPRICE LIST of all eligible offerings and to post the prices on the CONTRACT HOLDER Home Page.However, price changes must be reviewed and approved by the DOP Contract Administrator beforethey can be posted to the CONTRACT HOLDER Home Page.

Price lists and revisions for the Home Page must be provided by the CONTRACT HOLDER inAmerican National Standard Code for Information Interchange (ASCII) text format or as a Word ForWindows file. At the discretion of the DOP, price list and revision text or Word For Windows fileswill be required to be sent electronically using E-MAIL.andlorshippedbycarrierusingdiskette.tothe Contract Administrator.

Product and service pricing must be organized on the CONTRACT HOLDER Home Page based onDOP Commodity Code. A separate Universal Resource Locator (URL) must be provided for eachDO? Commodity Code.

Failure to submit the information required in this section will be grounds for disqualification of your bidand/or removal from any resulting contract.

RENEWAL

The Division of Purchasing reserves the option to renew this contract, or any portion thereof, for up to one (I)additional contract period. upon mutual agreement. in writing.

4

KEY EVENTS/DATES

RFP Release

RFP Questions Due

Pre-Proposal Conference

Submission of Proposals

06/10/Q6

07/03/96

07/16/96

09/10/96

10:00 a.m.

2:00 p.m.

Projected Contract Award 10/28/96

Projected Contract PeriodImplementation January I, 1997 - December 31, 200 I

Address for Delivery of RFP:Department of Management ServicesDivision of PurchasingBureau of ProcurementRoom 30 I4050 Esplanade WayTallahas~e, Florida 32399-0950

ISSUING OFFICE

The Office identified below is responsible for the requirements specified herein and the evaluation of allresponses. Direct questions to:

Marvin WilliamsDepartment of Management ServicesDivision of PurchasingBureau of ProcurementRoom J 1514050 Esplanade WayTallahassee, Florida 32399-0950Phone No.: (850) 488-8366Fax No.: (850) 488-5498

SPECIAL ACCOMMODATION

Any person requiring a special accommodation at the Division of Purchasing because of a disability shouldcall the Division of Purchasing at (850) 488-8440 at least five (5) workdays prior to the Pre-ProposalConference and Proposal Opening. If you are hearing or speech impaired, please contact the Division byusing {he Florida Relay Service which can be reached at I (800) 955-8771 (TOO).

5

PUBLIC ENTITY CRIMES

A person or affiliate who has been placed on the convicted vendor list following a conviction for a publicentity crime may not submit a bid on a contract to provide any goods or services to a public entity, may notsubmit a bid on a contract with a public entity for the construction or repair of a public building or publicwork. may not submit bids on leases of real property to a public entity, may not be awarded or perform workas a contractor, supplier. subcontractor, or consultant under a contract with any public entity, and may nottransact business with any public entity in excess of the threshold amount provided in s. 287.017 forCATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

INSURANCE, WORKER'S COMPENSATION

The contractor shal! take out and maintain during the Ii fe of this agreement. Worker's CompensationInsurance for all of his employees connected with the work of this project and, in case any work is sublet, thecontractor shall require the subcontractor similarly to provide Worker's Compensation Insurance lor all of thelatter's employees unless such employees are covered by the protection afforded by the contractor. Suchinsurance shall comply fully with the Florida Worker's Compensation law. fn case any class of employeesengaged in hazardous work under this contract at the site of the project is not protected under the Workmen'sCompensation statute, the Contractor shall provide, and cause each sub-contractor to provide. adequateinsurance, satisfactory to the Purchaser, for the protection of his employees not otherwise protected.

FLORIDA SMALL AND MINORITY BUSINESS ASSISTANCE ACT

The Legislature of the State of Florida, in an effort to encourage the growth of small and minority businesses.recommends that prime contractors utilize a certain percentage of minority sub-contractors in perfonnance ofstate contracts. Therefore, it is recommended that 20 percent of the Procurement Card Services Contract beawarded by a state contractor, to a certified minority business sub-contractor who is registered with TheCommission on Minority Economic and Business Development. The minority sub-contractor must registerwith The Commission on Minority Economic and Business Development to become a certified registeredminority business, prior to the invitations of bids/proposals. that they are a capable, qualified certifiedminority business enterprise available to bid/propose on contracts to provide effective competition.

OVERVIEW

Presently. the purchasing process in the State of Florida requires the use of a purchase requisition, purchaseorder, voucher and individual forms under a manual system to make payments to vendors and contractors.

The goals of this project are to provide an improved procurement process while accomplishing the followinggoals:

-Prov ide potential shared savings opportun ities to the State-Reduce overall costs of purchase transactions-Simplify the process for small dollar volume purchase requirements-Improve management reporting-Provide potential for enhanced discount structure with suppliers-Improve service to the eligible users and vendor community

6

DEFIN ITIONS

Whenever reference is made to the following terms in this solicitation, or any contract resulting from thissolicitation, it shall be understood to mean the folio\.\- ing:I. State: shall mean the State of Florida and participating entities. their employees. agents

and designees, while acting within the scope of their agency employment orofTice.

2.

3.

4.

5.

6.

7.

8.

9.

10.

II.

DMS:

Comptroller:

State Agency:

eligible entity:

Proposal:

partie ipatingentity:

Request forProposal (RFP):

State TennContracts:

Division ofPurchasing:

Contractor:

shall mean the State of Florida, Department of Management Services

shall mean the State of Florida, Department of Banking and Finance

shall mean any of the various state officers, departments, boards comm iss ions.divisions, bureaus. and councils and any other unit of organization, howeverdesignated, of the executive branch of state govemment.

shall mean all state agencies, the legislative and judicial branches, politicalsubdivisions (counties, local district school boards, community colleges,municipalities. or other public agencies or authorities), which may desire topurchase under the tenns and conditions of the contract. Federal agencieslocated in the State of Florida may be eligible entities to the extent permitted byChapter 287,FS.

shall mean the fonnal written response to this document.

Participating entity shall mean an eligible entity choosing to participate in theState Procurement Card Program.

shall mean this document.

shall mean contracts let by the State of Florida, Division of Purchasing.Department of Management Services.

shall mean the organizational entity acting on behalf of the State of Florida andtheDepartment of Management Services.

sha.11 mean the proposer awarded the contract as a result of this RFP.

PROPOSALS

All proposals will be received with the understanding that their incorporation in a contract with the State shallconstitute acceptance thereof. Such contract shall be subject to the acceptance and execution in writing by theDivision of Purchasing, Department of Management Services. All proposals and accompanyingdocumentation will become the property of the State of Florida and will no! be returned.

Proposals submitted by facsimile are unacceptable and will be rejected.

7

Detailed information on content of proposals are found in subsequent paragraphs in this RFP. The specificguidelines for the format are contained under PROPOSAL CONTENT AND FORMAT OVERVIEWparagraph.

SUBMISSION OF SEALED PROPOSALS

Complete proposals are to be packaged, sealed and submitted to the Division of Purchasing at the addresslisted under KEY EVENTS/DATES paragraph. The date and time of submission of proposals are shown onthe Request for Proposal cover sheet. A list of vendors submitting proposals will be available on request afterposting. Proposals not received by the time and date shown on proposal cover sheet will not be accepted.

PRICE STABILITY

Prices and shared savings will be fixed under the term of the contract and any renewals, unless more favorableterms are offered and accepted by the State.

If for any reason, during the term of the contract, the contractor reduces the pricing for similar services orproducts to a similarly situated entity with similar or smaller contract volume, the State shall receive anequivalent reduction in pricing for the services or products delivered to the State. Additionally. in the eventthe contractor offers additional shared savings to a similar situated entity with similar or smaller contractvolume, the additional shared savings also shall be given to the State.

STATE OF FLORIDA PROCUREMENT RlGHTS

The State of Florida reserves the right to:

I. Reject any and all proposals received in response to this RFP.

2. DisqualifY a proposer from receiving the award if such proposer, or anyone in the proposer'semployment, has previously failed to perform satisfactorily in connection with public bidding orcontracts.

3. Seek clarification of proposals including waiving minor irregularities in any proposal.

4. Utilize any and all ideas submitted in any proposal.

5. Adupt all or any part ofa proposal in selecting the optimum procurement card service program.

6. Negotiate with proposers responding to this RFP within the RFP requirements to serve the bestinterests of the State.

7. Should the State be unsuccessful in negotiating a contract with the selected Contractor within ten (10)business days, the State may begin contract negotiations with another proposer in order to serve thebest interest of the State ofFJorida.

8. Select and award the contract to the responsive proposer providing the best value proposal to the State.

9. Change any scheduled dates lIpon written notification.

8

rO. Subsequent to establishing a contract resulting from this RFP, if the State determines additionalfeatures, services, modifications, or deletions are needed and it is in the State's best interest, then theState may enter into negotiations with the contractor to amend the contract.

LIABILITY FOR PROPOSAL PREPARATION EXPENSE

The State is not liable for any costs incurred by a proposer in the preparation and production of a proposal orfor any work pt:rformed prior to the issuance of a contract or del ivery order.

CONTRACT

The successful proposer's proposal and a copy of this RFP will be made part of the contract.

CANCELLATION

The State of Florida retains the right to cancel any contract awarded as a result of this RFP for any reason,provided Contractor is given at least sixty (60) days notice of its intent to cancel. This prov ision should not beunderstood as waiving the State's right to terminate this contract, or stop work immediately for cause and issupplementary to that prov ision.

PROPOSAL SECURITY

The content of each proposer's proposal will be held in strict confidence during the evaluation process, and nodetails of any proposal will be discussed outside the evaluation process, subject to the provisions of SectionI 19.07(3)(M) Florida Statutes.

PUBLIC RECQRDS

Requests concerning the evaluation of the proposals submitted will be considered, only after contractnegotiations are complete to the maximum extent permitted by law.

Written requests shou Id be directed to:

Department u f Management Serv icesDivision of PurchasingBureau of ProcurementRoom 31514050 Esplanade WayTallahassee, Florida 32399-0950Phone No.: (850) 488-8366Fax No.: (850) 488-5498Email Address:[email protected]

9

CONTRACTOR RESPONSIBILITIES

The Division of Purchasing will contract with the successful proposer. The Division of Purchasing considersthe Contractor to be the sole contact with regard to all provisions of the proposal, and contract. In the eventthe proposer's proposal includes hardware and/or softv..,·are manufactured by another manufacturer or supplier,it is mandatory for the Contractor to assume full responsibility of delivery, installation, maintenance, andsupport services for such items offered in the proposal.

CONSENT TO ASSIGNMENT

The Contractor agrees not to assign this Agreement without the prior written consent of the Division ofPurchasing. Such consent shall not be unreasonably withheld.

TYPICAL PAYMENT CYCLE FOR STATE OF FLORIDA AGENCIES

The typical payment cycle for small dollar purchase requirements for state agencies begins with completion ofa purcha..'ie requisition by the authorized State agency employee. After approval of the purchase requisition. apurchase order is completed by the agency purchasing office and money is encumbered within the accountingsystem. After receipt of goods or performance of services and with receipt of vendor's invoice. a voucher isprepared and approved by the originating agency. The approved claim is then forwarded to the Comptrollerfor payment and the Comptroller issues a warrant that is sent to the respective state agency tor mailing to thevendor.

STATEMENT OF NEEDS FOR PROCUREMENT CARD SERVICE PROGRAM FOR THE STATE OFFLORIDA

The procurement card service program shall permit designated employees in each participating entity to makepurchases for equipment, material, supplies and services including items contracted for under the State ofFlorida term commodity and service contracts.

The initial single purchase maximum limit for each transaction shall be $5,000. DMS will consider revisingthe single purchase Iimit per transaction and other aspects of the program requirements of each authorizedparticipating entity.

The procurement card service program shall allow each participating entity to establish individual card limitswithin specified time frames and limits established within this RFP. The procurement card service programshall include controls which shall allow oversight of procurement card use including, but not limited to. initialapproval, tinal approval and revocation of authority for all or individual card accounts by each participatingentity. Employees designated as cardholders by each participating entity and other employees as deemednecessary shall be trained in all aspects of procurement card use and in responsibilities of the participatingentity and the Contractor under the program. Such parameters shall be further defined and mutually agreed toby the Division of Purchasing and the Contractor in the contract.

)0

Proposals shall address Electronic Data Interchange (EDI) and communication with respect to transferbemeen the contractor and the State. The State intends to use the most appropriate standards issued by theAmerican National Standards Institute X.12 for ED\. The proposer shall address its capability to provide EDIfiles containing daily credit card billing information (e.g. ANSI X.12 Transaction 810-lnvoice), othermanagement reporting data (e.g. ANSI X.12 Transaction 996-File Transfer), Cardholder eligibility/profilesetup and acceptance of electronic payment and remittance (e.g. ANSI X.12 Transaction 820-Payment andRemittance) in accordance with the most appropriate EDJ standards (Version 003030 or greater) issued byANSI X.12.

CARD ACCEPTANCE {MANDATORY]

The procurement card provided by the proposer must be accepted by a wide variety of businesses offeringgoods and services within the State of Florida. The proposer shall submit information which indicates thenumber of current retail establishments doing business in the State of Florida, preferably by type of retailer.

ISSUANCE [MANDATOm

Each participating entity will administer the procurement function, and will determine to whom the cardsshould be issued based upon the purchasing authority of each employee within the limits of this RFP. Theprocurement card service program shall be available for use by individual government employees. Themethods of authorization for issuance of individual cards shall be defined by proposers. Issuance of the cardto any employee shall have the prior written approval of the participating entity. This approval may beprovided in the following fonns:

I. The authorized participating entities representative's signature on the Contractor's application form.Contractor should provide an adequate supply of applications to each participating entity;

2. A memorandum from the authorized participating entity representative listing the individualemployees issued and authorized to use cards and other information as may be required by theContractor;

3. Electronic access to enter or update the Contractor's data base for cards issued to employees of theparticipating entity; or,

4. An alternative method which is acceptable to the Division of Purchasing and the Contractor.

LIABILITY [MANDATORY]

The respective participating entity shall be liable for the use of the procurement cards by its authorizedcardholders provided that the use is within the single per transaction dollar limits and any other limits imposedupon use of individual procurement cards by the participating entity and provided the cardholders are actingwithin the scope of their employment. Neither the State nor any participating entity shall have any liability forlost or stolen procurement cards or fraudulent use of any procurement card and shall establish by mutualagreement in the contract with the procurement card service Contractor procedures for notice of loss and theftoflhe procurement card. The Division of Purchasing is amenable to limiting the period of liability for fraud inprocurement card use by employees upon termination of an individual's employment in accordance withdemonstrated industry standards. The proposer shall identify in its proposal appropriate controls forimplementation to identify fraudulent use of any procurement card and appropriate responses by lhe parties

II

upon identification of such fraudulent use.

12

Notwithstanding the above, the procurement card service Contractor must identitY and hold harmless the Stateand participating entities. their officers and employees from any and all claims. suits, actions. liabilities andcosts of any kind (including attorney's fees), for personal injury (including death) or damage to real propertyor tangible personal property arising from the acts or omission of the procurement card service Contractor. itsagents. officers, employees, partners. or subcontractors. without limitations.

Furthermore, the State and participating entities shall be entitled to and the Contractor shall adhere to andprovide all protections offered with respect to. but not limited to. extensions of credit. credit card issuance,cred it card transactions. interest, payments and settlements, as establ ished by Federal or State law, regulationor rule, State of Florida procedure or executive order.

PROCUREMENT CARD FORMAT [MANDATORY]

The Contractor shall provide a card format distinctive to the State of Florida with the following minimumelements:

I. The name, STATE 0 F FLOR IDA, and TH E STATE SEA L on the face.

2. The phrase, FOR OFFICIAL USE ONLY on the face.

3. The phrase, "SALES TAX EXEMPTION NUMBER: 47-04-039143-52C'.

4. The Contractor's 24 hour toll free help line telephone number shall be printed on the back.

5. Long-Distance Calling Information as supplied by DMS.

6. There shall be no reference to Automatic Teller Machines (ATM's), or other advertising.

7. Layout and artwork shall be subject to approval of OMS before distribution begins.

8. A color photographic image of the cardholder, mea<;uring approximately 1.125" x .875", isbeing seriously considered. DMS has not yet decided to require the photographic image beplaced on the front of each card and will base its decision in part upon the costs involved. Eachproposal submitted in response to this RFP must disclose on the fixed charges price sheet theadditional per card charge for placing the color photographic image of the cardholder on theface of the card if any such additional fee is expected to be charged. The participating entitywill be responsible for providing to the contractor a digitized electronic photographic image ofeach person who will be issued a card at no cost to the contractor.

OPTIONAL CARD PROVISION

The State may have its own card for use, including all preparations. OMS has an existing relationship withFlorida State University (FSU) to produce employee building access and identification cards which utilize a16 digit International Standards Organization ([SO) number. Each tirm submitting a proposal in response tothis RFP is encouraged to submit a separate Procurement Card Shared Savings Proposal Form if its system canbe adapted to accommodate using the cards produced by FSU in lieu of having to provide cards orreplacement cards pursuant to the contract awarded as a result of this RFP.

J 3

The Contractor and participating entities may mutually agree to additional enhancements to the procurementcard to customize it for use.

REQUIREMENTS OF PROPOSER [MANDATORY]

I. Proposer will screen payment inquiries to eliminate unauthorized SIC charge types or requests.

2. Proposer will provide purchasing transaction detail by participating entity and cardholder.

3. Proposer will implement and include detailed cardholder profiles and procurement guidelinesper State policies and procedures, statutes, and rules (authorized cardholder index).

4. Proposer will provide required invoicing, credit. and remittance transaction EDI files and EFTcapabilities for interface with the State accounting system.

5. Proposer will provide both valid and rejected data transaction activity and statistics oncompatible report file layouts for State PC and mainframe user reporting facilities.

6. Proposer wi II provide demonstrated adequate user logon and access security controls, and shalfensure that an appropriate level of security is established and maintained in connection with theservices provided pursuant to this RFP.

CONTROLSIRESTRICTIONS [MANDATORY]

The proposer shalf provide a plan to address available controls and restrictions to prevent the use of cards asmay be designated by the State. The authorized participating entity Representative will determine how thecards will be used, consistent with the terms of any resulting Contract. and within the Statewide singlemaximum transaction dollar limit of $5,000 or other limits imposed upon use of individual procurement cardsby each participating entity. A participating entity shall have no liability for lost or stolen procurement cardsor fraudulent transactions or those exceeding the maximum dollar limit. Cash advances or cash refunds arestrictly prohibited. Eligible entities electing to participate in the procurement card service program mayspecify:

I. Single per transaction dollar limits for each cardholder.

2. Number of credit card authorizations per day.

3. Number of credit card transactions per report cycle.

4. Authorization tied to budget limits (report cycle dollar limits).

5. Restriction on the types of vendors with which the card may be used.

6. Commodity types.

Proposers shall specify any other limits or controls which are available for eligible entities' determination onprocurement card usage which may be added at the DMS option to the Contract as part of the procurementcard serv ice program.

14

ENTITY ENROLLMENT [MANDATORY]

Participating entities shall be added to the procurement card service program by written request and uponapproval by the Di\· ision of Purchasing. The notice, at a minimum. wi II provide the Contractor with theparticipating entity name. address and shall identify the authorized participating t:ntity representative and suchindividual's telephone number. Procedures relative to Contractor establishing each participating entity'saccount shall be presented in the proposer's proposal and further agreed upon by the parties in the contract.Proposer. however, should specify processing time necessary to issue procurement cards. Shall the need arise,the Department of Management Services. Div ision of Purchasing. and the Contractor, upon mutual agreement,may vary the enrollment procedure tor eligible entities.

Preference will be given to any proposal which allows participating entities the ability to pertonn theirprogram administrative activities electronically. It is anticipated that each participating entity will beprimarily responsible for furnishing information relative to its cardholders, approved activity levels andrelated matters directly \ll;ith the contractor.

TRAINING [MANDATORY]

The Contractor shall provide training for all participating entities at no additional cost. Training shall beprovided to both cardholders and other designated employees of the participating entities. the Department ofManagement Services. Division of Purchasing and the Comptroller associated with the procurement cardservice program. The Contractor shall develop and implement a "State of Florida" specific training programcovering initial and follow-up training. On-site training must be available at no less than four (4) locations asselected by the Division of Purchasing.

For purposes of this Request for Proposals, the proposer shall provide details and confinn that the trainingprogram to be provided will accomplish the following goals:

I. Understand overall nature of the procurement card service program and its benefits.

2. Assist participating entities in developing individual spending limitations and other programrestrictions and controls.

3. Understand participating entities' tinancial responsibilities and billing and payment procedures.

4. Assist participating entities in developing periodic intemal reports,

5. The Contractor shall develop a VCR format training video for ongoing internal use byparticipating entities during full scale implementation. The proposer shall also address otherremote training options in its Proposal with reference to training.

ISSUANCE OF PROCUREMENT CARDS

The successful proposer will be responsible and accountable for issuance ofall procurement cards directly toan authorized participating entity Representative. The participating entity will issue a purchase order andordering form to the successful proposer. The ordering form will be designed by [he Department ofManagement Services. Division of Purchasing and the successful proposer prior to the start of the contractperiod.

15

PARTICIPATING ENTITY AND CARDHOLDER SUPPORT [MANDATORY]

The Contractor shall provide at "no cost", a customer support service for the partIcIpating entities'representatives. Department of Management Services, Division of Purchasing, the Comptroller andcardholders. Proposer shall specifY lransaction inquiry and update response times.

Support shall include, but not be limited to, the following features:

I. Toll Free "Help" telephone line(s) and number(s} for assistance and for reporting andcanceling lost or stolen cards. The Contractor's customer support services toll free telephoneline shall offer the capacity of P.O I grade of service (no more than one out of every hundredcalls attempted could be blocked) on all calls received on a 24 hours a day 7 day per weekbasis.

The Contractor's customer support services shall be statTed and available in such a way that allcalls to be answered in 7 seconds or less after the call is setup, when a cardholder dials forinquiries concerning billing or services.

2. Toll Free telephone line and number to account representatives for inquiries involvingaccounts. billing and services 8:00 A.M.-6:00 P.M. Eastern Time excluding weekends andState of Florida designated holidays.

DISPUTED BILLINGS, QUESTIONED ITEMS, AND CHARGEBACKS [MANDATORY]

Contractor shall provide a non-charge (transaction feel plus late fee interest) method for resolution of disputedbillings. Proposers shall include a description of their disputed billings process. For State of Florida interestpenalties. please refer to Florida Statute 215.422 (1).

The proposers shall propose detailed methods for handling questions concerning charges or credits.Provisions for handling questioned items should include the following:

I. How to handle questioned or disputed charges or credits;

2. How to adjust the participating entity account pending resolution of the questioned or disputeditem; and,

3. How to process adjustments for items resolved in favor of the participating entity.

CHANGES IN CARDHOLDER OR PARTICIPATING ENTITY ACCOUNTS (MANDATORY)

A participating entity and authorized representative may request changes to information in cardholder'saccount. Such changes may include card expenditure limits set by each individual participating entity,transaction limits, purchase restrictions, cardholder name, cardholder billing address or telephone number andtermination or non-renewal ofa cardholder's account.

The proposer must specify a timcframe bt:tween receiving a request for change in a cardholder account orparticipating entity's master account and accomplishing the change with notice to the participating entity'srepresentative.

16

LOST OR STOLEN CARDS [MANDATORY]

The cardholder and/or the authorized participating entity's representative will immediately report lost or stolenprocurement cards to the contractor in a timely manner. The Contractor will provide a twenty-four (24) hourtoll-free number to the cardholder for reporting lost or stolen cards, upon issuance of the card. The Contractormust also replace lost or stolen cards at "no cost" within fifteen (15) days after notification of the [ass by theparticipating entity's representative. The proposer must specify the time frame bet\\ieen receiving the report ofa lost or stolen procurement card and mailing a replacement card. Such reports will be in writing or verbally\vith \\'ritten follow-up. The participating entity shall not be liable for any charges after the card is lost orstolen.

The provisions of this paragraph with regard to replacement cards shall not apply if the contract award isbased upon the state using its own ISO number. cards and replacement cards. See page 12, OPTIONALCARD PROVISION.

CARD TERMINATION/CANCELLATION [MANDATORY)

The authorized participating entity representative will immediately notifY the Contractor of card terminationor cancellation. This notification will be made in writing, faxed, or verbally with written follow-up as soon aspossible, or as otherwise provided for in the contract. Upon notification. the Contractor shalf immediatelycancel the cardholder's account. The participating entity shall not be liable for charges incurred after written.faxed, or verbal notice to the contractor to cancel a card account. As part of its procedures. the participatingentity will recover, whenever possible. cards issued upon tennination. retirement, discharge. or resignationand will destroy the card when recovered, and notifY the contractor to cancel the account.

CONTRACTOR'S RIGHT TO CANCEL A CARDHOLDER OR A PARTICIPATING ENTITY

Contractor may cancel or suspend any cardholder's or participating entity's ability to use a card issuedpursuant to this RFP with the prior approval of OMS if payment on the account becomes excessively delayed(for more than 3 I days). or for other factors agreeable to the contractor and OMS,

PROGRAM ENROLLMENT AND ENHANCEMENT [MANDATORY]

Contractor must have a program to recruit new businesses for inclusion in the procurement card program.Such rrogram shall incorporate an action plan for business recruitment upon notice by a participating entitythat Contractor's procurement card is not accepted by a particular business. Proposers must describe theirprogram for recruiting new business.

All participating entities, the Department of Management Services, and the Division of Purchasing will beencouraged to provide the Contractor with information to identify existing vendors for recruitment andenrollment purposes.

17

BIlLfNG [MANDATORY]

Bill ing shall be provided on a monthly or more frequent basis, but not to exceed more than once per day.Proposer shall advise on options for billing cycles on a staggered or cyclical basis. Statements or transactionsshall be accessible or provided to parties identified by the authorized participating entity representativeincluding. but not limited to, the following:

I. Authorized Representative

2. Finance Officer

3. CardhoJder(s)

Billing shall also be accessible to the Department of Management Services, Division of Purchasing and theComptroller in a fonnat to be agreed upon by DMS and the Contractor. Please refer to Florida Statute 2 J5.422for additional billing infonnation relating to eligible entities.

AUTOMATED BILLING AND ACCOlJNTING [MANDATORY]

The State of Florida intends to reengineer, then automate the Comptroller's accounting and auditing processesassociated with procurement card purchases. Currently, minimum accounting and auditing requirements (i.e.,data elements entered on an expenditure or payment request voucher) include the following:

I. Agency voucher number and statewide document number

2. Agency OlO and site number

3. Object and transaction codes

4. Account Codes

5. Invoice numbers and amounts

6. Transaction veri fication and approvals

7. Purchase (transaction) description and other audit supporting data

The Comptroller intends to develop a system that accepts detailed procurement card purchase data andmanagement operations reporting data, makes the data available to all state agencies, allows for encoding ofaccounting data, provides audit and edit checks, updates both agency and individual cardholder accountingrecords and creates a daily EFT transaction to the Contractor (or contractor's bank). Proposal shall includecurrent automated billing and accounting system(s) capabilities as well as Contractor's plans for automating allrequired electronic interface procurement card application systems, data file transfers and business processcontrols to satisfY the Comptrollers' accounting and auditing requirements. Contractor's plans to automateaccounting and auditing requirements shall include all provisions for capturing merchant point of sale data,description of all data captured and an indication of the number of vendors currently capable of capturingprocurement card purchasing data. The proposer should describe in the proposal its ability to matrix line itempurchases to state accounting codes (i.e., object codes, account codes) and abi lity to extract additionaltransaction detail from merchant computer systems. The Contractor should also include plans to expand

18

vendors or merchants \\ ith the capability to capture detailed procurement card point of sale data.

/9

CARDHOLDER INFORMATION [MANDATORY]

The Contractor shall not sell or distribute a list of participating entities or cardholders. their addresses or anyother information to any person, firm. or other entity for any purpose. This is absolutely prohibited. Thissection is not intended to prevent the Contractor from complying with the requirements herein and theresulting Contract for reports and reporting.

PROCUREMENT CARD IMPLEMENTATION AND CUSTOMER SUPPORT [MANDATORY]

Proposer shall provide a comprehensive summary of its procurement card program incorporating mandatoryrequirements to meet the needs of the eligible entities. Proposer shall delineate what staffwould be deployedto implement the program by name, title and experience. Proposer shall provide action plan(s) for assistingparticipating entities in the development, implementation and modifications of procedures and processes andrecommend changes to rules and policies relative to procurement and procurement card use.

REPORTS AND REPORTING DATA [MANDATORY]

The proposer shall confirm in its proposal the capability of its procurement card program to generate report orreport data through description and provision of samples of management and other reports or report data to beprovided to cardholders and participating entities and the Department of Management Services, Division ofPurchasing. Reports or report data shall be capable of being sorted at all levels for at least the folluwing:

I. Cardholder

2. Cardholder's Supervisor

3. Participating Entity

Reports or report data shall be available to the following:

I. Participating Entity's finance and Accounting Office

2. Comptroller

3. Department of Management Services, Division of Purchasing

4. Florida Fiscal Accounting Management Information System (FFAMIS), Statewide PurchasingSubsystem (S PU RS)

Data furnished by the contractor must be available to enable a particular entity to generate the following:

I. Transaction data during a period to cardholder and finance office, or other office or individuals as maybe designated by the participating entity.

2. Procurement card provider/supplier sales activity by Taxpayer Identification Number (TIN), byparticipating entity and cardholder.

J. To reconcile all procurement card transactions including charges, credits. disputes, adjustments.

20

duplicates, etc.

21

FINANCIAL INCENTIVES TO THE STATE, FEES AND COSTS [MANDATORYj

Each proposer shall provide a complete and detailed summary of all fees and charges, if any, for theirprocurement card program including the following and any additional cost credits or incentives associatedwith the program:

I. Procurement card shared savings proposal form (shall include all volume level shared savingsoffered based upon percent of total value of transactions processed through the procurementcard system).

Each proposer is required to complete and submit a form for an arrangement under which theproposer issues the cards and the replacements.

Each propser is requested (not mandatory) to complete and submit a form for an arrangementunder which the State uses its own ISO number, cards and replacements. The Division ofPurchasing reserves the right to award under either option, as determined by the Division ofPurchasing to be in the best interest to the State.

2. Fixed charges price sheet

TAX EXEMPT NOTIFICATION [MANDATORY]

Proposers shall indicate their ability to indicate purchases by participating entities as "Tax Exempt" uponconfinnation to vendors.

fNNOVATIVE IDEAS [DESIRABLE]

Although the State has provided a detai led statement of needs and mandatory requirements for proposers tomeet in order to be selected for the contract for the procurement card service program, it is not intended tolimit proposer's innovations or creativity in preparing a proposal to accomplish these goals. Innovative ideas,new concepts and partnership arrangements other than those presented in this Request for Proposal will beconsidered. For example, these might include unique business features. special services, discounts or termsand conditions specific to each proposer. If a proposer is willing to offer additional shared savings onpurchases paid within one business day after submission, the idea and additional shared savings associated ifthe idea is accepted should be shown in the innovative ideas section of the response to this RFP. The specificcost or additional shared savings associated with each such idea or concept shall be fully disclosed along withthe innovative idea and not listed on the shared savings proposal form or the fixed charges price sheet.

The Division of Purchasing is interested in considering optional features of proposals which will increase thepotential for shared savings. In this regard, optional proposals are encouraged for the procurement cardservice to be managed as a debit card rather than a credit card. In order for this optional feature to beconsidered, the proposal must address the name of the qualified public depository where the funds are to bedeposited and such depository must satisfy the requirements of Chapter 280, Florida Statutes, and the rulesadopted by the Treasurer thereunder. If the contract awarded as a result of this RFP includes a debit cardoptional feature, the contractor may not change the qualified public depository without the express writtenconsent of the Division of Purchasing. As noted above. the additional costs or shared savings associated withthis innovative idea should not be shown on the fixed charges price sheet or shared savings proposal form(s)but rather only included along with the proposal in the innovative ideas section.

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ADVANCED TECHNOLOGY

The Contractor agrees to make at no cost to the State and no reduction in shared savings. future upgrades in itssystems and processes to reflect advancements in associated technology, hardware. and software.

REPORT DATA [DESIRABLE]

Proposer shall indicate its ability as applicable to indicate purchases with State Term Contracts forcommodities and services. and Florida Ct:rtified Minority and Women-owned Businesses.

FINANCIAL STABILITY

Each proposal shall include financial statements audited by a certified public accountant which includebalance sheets and income statements for the proposer's two (2) most recent fiscal years. These documentsshou Id break out subsid iary data if the proposer is part of a larger entity.

REFERENCES [MANDATORY]

Each proposer must submit documentation indicating experience in providing a similar service to four (4)current or fanner firms or govemment agencies and to demonstrate the ability to handle a contract of thiscomplexity, which shall include the following information:

Number of customersName ofGovemment Entity/company servicedContract start/com pletion datesName of contact personTitle of contact personTelephone number(s)

To the extent that proposer is currently furnishing this service to a State government entity. one or more of thereferences shall include the government entity. In addition, ifvendor is, or has provided financial services tothe State of Florida, proposer shall provide infonnation on such services.

PERSONNEL RESOURCES [MANDATORY]

Each proposal shalf list the following infonnalion relative to all personnel resources that would he assigned 10

the State of Florida procurement card program:

-Number of full time positions that will be assigned-Number of hours each full time position will be assigned to the Stale ot'Florida program-Physical location of employees assigned

The Division of Purchasing retains the right to request additional data pertaining to the proposer's ability andqualifications used to accomplish all work in this RFP as it deems necessary to ensure competent andsatisfactory worle Any vendor failing to submit, on request, in whole or in part, the required statementattesting to qualifications \... ill disqualify the proposal of that vendor.

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EVALUATION COMMITTEE

Proposals will be evaluated by an evaluation committee, composed of employees of the Department ofManagement Services, Comptroller, and/or other State agencies.

Proposals which do not conform to mandatory requirements wi II be rejected and shared savings proposal fonnand fixed charges price sheet not opened.

The evaluation committee's scoring of proposals will be tabulated and ranked by the committee.

PROPOSAL EVALUATION AND AWARD CRITERIA

It is anticipated that a contract will be established with a single proposer.

The proposal selected will be the one determined to provide the best value to the State of Florida. Theevaluation process will comprise comparative analysis of technical and financial criteria. The technical andfinancial criteria will be weighted to arrive at the selection of the proposal which offers the best value to theState of Florida.

All proposals meeting mandatory requirements will be further evaluated based on the following criteria:

Technical Proposal:

Current retailer base in FloridaFeatures of programDevelopment and implementation of programContractor, staft: support, and trainingExperience in providing similar corporate card programAbility to accept ISO number and card adopted by FSU

Technical Component

Financial Proposal:

Proposed shared savingsFixed charges

Financial Component

Total Evaluation Score

MaximumPoints

251677

10

362

Upon notification, a responsive proposer may be required to make an oral presentation to members of theevaluation committee to clarify all mandatory and desirable requirements, and other aspects of proposaloffered.

25

AWARD OF CONTRACT

Award will be made to the proposer meeting all mandatory requirements. and achieving the highest rating on aweighted basis as designated above. As in the best interest of the State, the right is reserved to reject any andall proposals or waive any minor irregularity or technicality in proposals received. The Division ofPurchasing has the right to award to the proposer proposing the best value to the State of Florida. whether thecard is provided by the card provider or provided by the State of Florida. Proposers are cautioned to make noassumptions unless their proposal has been evaluated as being responsive.

NOTIFICATION OF AWARD

The successful proposer wi II be advised of the award by the Department of Management Services, Division ofPurchasing. A contract defining all deliverables, revenues and costs, and the responsibilities of theprocurement card provider will be developed by the Department of Management Services, Division ofPurchasing. and negotiated with the successful proposer. Public announcements or news releases pertaining tothis contract will not be made without prior permission of the Department of Management Services, Divisionof Purchasing.

PROPOSAL CONTENT AND FORMAT OVERVIEW

The requirements established for proposal content and format will be rigidly enforced. Variations from therequirements prescribed herein will subject the proposer to outright disqualification. It is in the best interestsof the proposer to become familiar with the constraints imposed on its proposal so that the evaluation processcan proceed in a timely manner.

SUBMISSION OF SEALED PROPOSALS

Each proposer must submit the original technical proposal (excluding sbared savings proposal form andfixed charges price sbeet) package in a single sealed package. The package must be clearly labeled with thefollowing information:

ORIGINALName of ProposerProposal NumberTime and Date of Proposal OpeningProposer's Federal Employment Identification Number (FEID)

Each proposer must submit five (5) duplicate copies of the original technical proposal (excluding sharedsavings proposal form aDd fixed cbarges price sheet) in a separate envelope clearly labeled as follows:

DUPLICATE COPIESName of ProposerProposal Number

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SHARED SA VINGS PROPOSAL FORM

Each proposer must submit the mandatory shared savings proposal ronn and fixed charges price sheet (alsoinclude the optional shared savings proposal form if applicable to response) in a separate scaled envelope'v\ ithin the original proposal package clearly marked as follows:

SHARED SAVINGS PROPOSAL FORMSName of ProposerProposal Number

I f there are discrepancies in the material or content between the "original" and the "duplicates", theinformation contained in the original shall prevail. The shared savings proposal fOJ1Tl and fixed charges pricesheet shall be provided only with the original proposal.

Any addendums or answer(s) to written questions supplied by the Division of Purchasing to proposers shallinclude an Addendum Acknowledgment fonn. This form shall be signed by an authorized companyrepresentative, dated. and returned as part of tbe tecbnical proposal.

Proposers shall submit their proposals on or before the time indicated in the "Key Events/Dates" paragraph ofthis RFP, to the purchasing office listed on the Request for Proposals Acknowledgment form.

AGREEMENT MODIFICATIONS

No provision of this agreement shall be modified, amended, or waived on behalfofthe Division of Purchasingexcept in writing from the Division Director or his designee.

BINDING OF THE PROPOSALS

Proposers shall submit proposals so that addendum update pages can be easily identified. The official name ofthe finn submitting the proposal must appear on the outside front cover of each binder, together with theinfonnation given in the RFP.

PROPOSAL FORMAT INSTRUCTION

Each proposal must incorporate a Table of Contents. Each proposal must have major sections of the proposalidentified with index tabs 10 identify Ihe major sec lions of the proposal as Ihey are named in the Table ofContents. Emphasis in each proposa[ must be on completeness and clarity of content. It is through this Tableof Contents that the evaluation committee will evaluate confonnance to uni form proposal content and format.

27

PROCU REM ENT CARDSHARED SAVINGS PROPOSAL FORM

Proposer's Name: NationsBank N.A. (South)

Please indicate which of the following applies to this form:

c:::L:J Proposer issues cards and replacements (mandatory submission)c::::=J State uses its own ISO number, cards and replacements (optional submission)

(a)Calendar days Dollar amount of Sharedfrom billing card purchases savingsto Payment per calendar month offered(%)

Less than 6 Through $5 million .58$5 through $\°million .58$10 through $35 million .58More than $35 million .58

6 through 10 Through $5 million .50$5 through $ J°million ~$10 through $35 million .50More than $35 million .50

I I through 21 Through $5 million .42$5 through $10 million -AL$10 through $35 million .42More than $35 million .42

22 through 3 J Through $5 million .27$5 through $10 million .27$1°through $35 million .27More than $35 million .27

~fore than 3 I Through $5 million$5 through $10 million$10 through $35 millionMore than $35 million

NANANANA

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(b) (c)

Assumed Sharedvalue for savings offeredevaluation [column (a)x(b)]

$ 5,000,000 $ 29,000$ 5,000,000 $ 29,000

$25,000,000 $ 145,000$25,000,000 $ 145,000

Total $ 348,000

$ 5,000,000 $ 25,000

$ 5,000,000 $ 25,000$25,000,000 $ 125,000$25,000,000 $ 125,000

Total $ 300,000

$ 5,000,000 $ 21 ,000

$ 5,000,000 $ 21,000$25,000,000 $ 105,000

$25,000,000 $ 105,000

Total $ 252,000

$ 5,000,000 $ 13,500$ 5,000.000 $ 13,500$25,000,000 $ 67,500

$25,000,000 $ 67,500

Total $ 162,000

$ 5,000,000 $

$ 5,000,000 $$25,000,000 $$25,000,000 $

Total $

PROCUREMENT CARDFIXED CHARGES PRICE SHEET

Proposer: NationsBank N.A. (South)

Total One-Time Charge3:jQ

Recurring Charges (describe frequency):

Late Payment Fee

Draft Retrieval Request Copy

Insu ffic icnt Funds

Federal Express Rush Card

$0

$3.00 Per Copy When Pulled For Transactions Other Than Disputes

$20.00 When Payment Funds Do Not Clear

$9.00 Per Package When Card [s Requested In 24 Hours

Total Recurring Charges: $0 Unless One Of The Above Is Utilized

29

NOTE:

ORDERiNG INSTRUCTIONS

ALL ORDERS SHOULD BE DIRECTED TO:

VENDOR: Bank of America, N, .'\., (USA) (A)

CONTACT NAME: Evan Tullos

TITLE: Senior Vice President

STREET ADDRESS OR P.O. BOX: 13099 US 41 Sf STE 400r

CITY, STATE, liP: Fort Myers, FL 33907

ELECTRONIC MAIL ADDRESS:_' .",

TELEPHONE: (239) 433-6105

TOLL FREE NO.: N/A

ORDERING FAX NO.: (239) 433-6105

INTERNET ADDRESS: \ i":. :\1:, ;,:.: " .. ,

REMIT ADDRESS: 13099 US 41 SE STE. 400

CITY. STATE, ZIP: Fort Myers, Florida 33907REV (10 May 07)

; oj .: •

Application for Funding AssistanceFIof'lla CJ.8paf1mer>1 o! Law En'OICOIInlenl

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Application for Funding AssistanceFlorida Department of Law Enforcement

Justice Assistance Grant - County-wide

Implementing Agency

Organization Name: Lake City Police Department

County: Columbia

Chief Official

no', " , .,' :"'. :,' "

, .. " ": '--...~ .. '~

Name:Title:

Address:City:State:

Phone:Fax:Suncom:

Email:

David Allbritton

Chief

225 Northwest Main BlvdLake CityFL ZIp: 32055386-758-5431 Ext:386-719-5463

laxtongw@flcjn,net

Zip: 32055Ext: 101

bruce,charles@ci,lake-city,fJ,us

Project Director

Name: Robert Charles

Title: Captain

Address: 225 Nothwest Main BoulevardCity: Lake CityState: FL

Phone: 386-752-4344

Fax: 386-719-5463Suncom:

Email:

Application Ref #

Contract

2008-JAGC-81S---'~------'~~'---Sec(jo~Page-~-'

2008-JAGC-COLU-2-Q9-196

Rule Reference 110-9006 OCJG-005 (rell. April 2005)



General Project Information

Ftroject Title: COLUMBIA COUNTY DRUG TASK FORCE

Project Sequence No: 1

Subgrant Recipient: Columbia County Board of Commissioners

Implementing Agency: Lake City Police Department

Project Start Date: 10/1/2007 End Date: 913012008

Problem Identiffcatlon

LAKE CITY AND COLUMBIA COUNTY IS SEEING A CONTINUED GROWTH OF DRUGUSEWE HAVE TWO INTERSTATES ,1-75 AND 1-10 RUNNING THROUGH THE LAKE CITYAREAWE ALSO HAVE THREE US HIGHWAYS [US90,US41AND US441] TRAVELINGTHROUGH THE CENTER OF OUR CITY.AlL OF THESE HIGHWAYS MAKES US A MAJORAREA FOR DRUGS TO PASS THROUGH.THIS MAKES FOR A LOT OF DIFFERENT ROUTESFOR ILLICIT DRUGS TO TRAVEL. A GROWING PROBLEM OF COCAINE[crack].MARIJUANAAND PRESCRIPTION NARCOTIS SUCH AS LORATAB,OXYCONTIN ARE ON THEINCREASE METH-AMPHETAMINE USE IS INCREASING ALONG WITH THE ILLICT LABS. THELAKE CITY POLICE DEPT. HAS BEEN MEMBERS OF A MULTI-JURISDICTIONAL TASKFORCE FOR YEARS.TWO OFFICERS ARE ASSIGNED FULL TIME ALONG WITH A UNITCALLED THE 'CRIME UNIT' THAT IS UTILIZED WHEN NEEDED. THESTATISTICAL DATA GENERATED BY THE TASK FORCE SHOWSTHE PROBLEM ISINCREASING AND EFFORTS NEED TO CONTINUED,IF NOTINCREASEO.

Project Summary

THE LAKE CITY POLlCE DEPT. IS COMMITTED TO ASSIGNING TWO OFFICERS WITH THECOLUMBIA COUNTY DRUG TASK FORCE.ONE SARGEANT AND ONE OFFICER WILL WORKFULL TIME ON THE TASK FORCETHE LAKE CITY POLlCE DEPT WILL FURNISH MEMBERSOF OUR CRIME UNIT TO ASSIST THE TASK FORCE ON A PART·TlME BASIS.THE CRIMEUNIT IS COMPOSED OF 4 OFFICERS THAT CAN BE UTILIZED ON RAIDS,SEARCHWARRANTS,SUSPECT ARREST AND TRANSPORTATION AS NEEDED. THE LAKE CITYPOLICE DEPT. WILL WORK CLOSELY NOT ONLY WlTH THE COLUMBIA COUNTY SHERIFFSOFFICE BUT WITH STATE AND FEDERAL AGENCIES.THIS CLOSE WORKINGRELATIONSHIP AND COOPERATION IS ALREADY IN PLACE.MUTlAl AID AGREEMENTSWITH SURROUNDING JURISDICTIONS IS IN PLACE. THE CRIME UNIT HAS BEEN AVALUABLE TOOL IN GAINING ACCESS TO STREET LEVEL DRUG SALES AND USE.THISINFORMATION HAS BEEN A TREMENDOUS TOOL FOR THE TASK FORCE TO GO HIGHERIN THEIR SEARCH FOR DRUGS. THE LAKE CITY POLICE DEPT. CURRENTLY HAS AMOBILE DATA SYSTEM A SYSTEM WOULD BE PURCHASED FOR THE OFFICERS THATARE ASSIGNED TO fHE TASK FORCE. THIS WOULD ENABLE THEM TO ACCUMULATEVITAL INFORMATION WITHOUT USING POLICE RADIOS.LAPTOPS ALONG WITH DATARADIOS ARE NEEDED FOR THIS SYSTEM.RADIOS FOR THE CARS AND PORTABLERADIOS WILL BE NEEDED FOR COMMUNICATION.OUR CURRENT UNDERCOVER CAMERASYSTEM IS OLD AND IN NEEED OF REPLACEMENT,VERY VITAL TO RECORDINGUNDERCOVER DRUG BUYS.SAFETY EQUIPMENT THAT WILL BE USED BY TASK FORCEOFFICERS ARE DIFFERENT THAN WHAT IS UTILIZED BY UNIFORM PATROLOFFICERS BULLETPROOF VEST AND FULLSIZE FIREARMS USED BY PATROL OFFICERSARE NOT CONDUCIVE TO UNDERCOVER WORK.GENERAL PRODUCTS SUCH ASCAMOFLAUGE CLOTHING AND CAMERAS WOULD BE USED. TRAINING FOR OFFICERSWHO PARTICIPATE ON THE TEAM WILL BE USED.TRAINING IS IMPORTANT TO KEEPOFFICERS UP TO DATE ON CURRENT TRENDS AND TACTICS DRUG TRAFFICERS AND---------------- ----_._----_.-----------.._-----------.... -----_.-_.- _._---

Application Ref # 1008-JAGC-i318 Section #2 Page 1 of 2

ContrClet ·.JAGC COLU- ..



LAKE CITY POLICE DEPT. WILL BE ASSIGNED FULL TIME. OFFICER LARRYSHALLARLAKE CITY POLICE DEPT. WILL BE ASSIGNED FULL TIME.

FOUR OFFICERS ASSIGNED TO A 'CRIME UNIT,LAKE CITY POLICE DEPT.WilL BE UTILIZED PART TIME AS NEEDED Tya ASSIST THE TASKFORCE. ALL SALARIESWILL BE PAID BY THE CITY OF LAKE CITYAND LAKE CITY POLICE BUDGET.

Appli(;Cllion Ref # .){J08 JAGC '3113

Crlntract -JAGC-COLU-

Section #2 PClge 2 of 2



General Performance Info:

Perfonnance Reporting Frequency: Quarterly

Federal Purpose Area: 001 - Law Enforcement Programs

State Purpose Area: 002 - Multi-jurisdictional Task Force

Activity Description

Activity: Law EnforcementTarget Group: Drug OffendersGeographic Area: County-WideLocation Type: County-Wide

Objectives and Measures

ObJective: 002.01 - Arrest a specified number of offenders for the commission of drug offenses.

Measure: Part 1

How many offenders will be arrested for drug offenses?

Goal: 80

ObJective: 002.02 - Seize 8 specified number of grams of powdered or crack cocaine.

Measure: Part 1

How many grams of powder or crack cocaine will be seized?

Goal: 200

ObJective: 002.03 - Seize a specified number of pounds of marijuana, excluding marijuanaplants seized through eradication operations.

Measure: Part 1

How many pounds of marijuana, excluding marijuana plants seized througheradication operations, will be seized?

Goal: 6

ObJective: 002.04 - Seize a specified number of grams of dangerous drugs, LSD, PCP,barbiturates, amphetamines, etc.

Measure: Part 1

How many grams of dangerous drugs will be seized?

Application Ref #

Contract

2008-JAGC-818

2008-JAGC-COLU-2-Q9-

Section #3 Page 1 of 4

Rule Reference 110-9.006 OCJG-{)05 (rev. Apnl 2005)



_________________JGoal: 50

ObJective: 002.07 . Conduct a specified number of drug related investigations.

Measure: Part 1

How many drug related investigations will be conducted?

Goal: 85

ObJective: 002.08 - Issue a specified number of methamphetamine related search warrants.

Measure: Part 1

How many methamphetamine related search warrants will be issued?

Goal: 5

ObJective: 002.09· Seize a specified number of grams of methamphetamine.

Measure: Part 1

How many grams of methamphetamine will be seized?

Goal: 10

Measure: Part 2

What is the estimated street value (in currency) of methamphetamine that will beseized?

Goal: 1000

ObJective: 002.10 - Seize a specified number of grams of methamphetamine precursors.

Measure: Part 1How many grams of methamphetamine precursors will be seized?

Goal:

ObJectlve: 002.11 - Purchase a specified number of grams of methamphetamine duringundercover investigations and identify tlle street value In currency.

Measure: Part 1

How many grams of methamphetamine will be purchased during undercoverinv8stigations?

Goal: 30

Measure: Part 2

Application Ref #

Contract

2008-JAGC-818



Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)


Justice Assistance Grant· County-wide

What is the estimated street value (in currency) of methamphetamine that will bepurchased during undercover investigations?

Goal: $3.000

Objective: 002.18 - Conduct a specified number of clandestine laboratory investigations.

Measure: Part 1

How many clandestine laboratory investigations will be conducted?

Goal: 1

Objective: 002.19 - Arrest a specified number of offenders for manufacture or conspiracy tomanufacture a controlled substance.

Measure: Part 1

How many offenders will be arrested for manufacture or conspiracy to manufacture acontrolled substance?

Goal: 2

Objective: 002.20 - Seize a specified number of clandestine laboratories.

Measure: Part 1

How many clandestine laboratories will be seized?

Goal: 2

Measure: Part 2

How many meth lab seizures will involve minors?

Goal: 1

Objective: 002.21 - Discover a specified number of meth dump sites.

Measure: Part 1

How many meth dump sites will be discovered?

Goal: 2

Application Ref #

Contract

2008-JAGC-818



Rule ReJ'erence 11 D-9.006 OCJG-005 (rev. April 2005)

Edward Byrne Memorial Justice Assistance Grant IJAG) Program--____ ~_...:....!..__.:..o:.. _

Florida Department of Law Enforcement

5. Payment Contingent on Appropriation and Available Funds

The State of Florida's performance and obligation to pay under this agreement IS contingent uponan annual appropnation by the Florida Legislature. Furthermore, the obligatiOn of the Stale ofFlorida to reimburse subgrant reCipients for incurred costs is sucJect to available federal funds

6. Obligation of SUbgrant Recipient Funds

SUbgrant funds shall not under any circumstances be obligated prior to the effective date orsubsequent to the termination date of the subgrant period Only project costs Incurred on or afterthe effective date and on or prior to the termination dale of the subgrant rec"lplent's project areeligible for reimbursement

7. Advance Funding

a JAG Countywide - Advance funding may be authorized for up to twenty-five (25) percent ofthe federal award for each project according to SectIon 216 181(16)(b), Florida Statutes, theOJP Financial Guide, and the U S Department of Juslice Common Rule for State and LocalGovernmenls Advance funding shall be provided to a sUbgrant recipient upon a wrillenrequest to the Department This request, shall be either enclosed with the subgrantapplication or submitted to the Department prior 10 the first request for reimbursementJustification should address a 30/60/90-day need for cash based on the bUdgeted activitiesfor the period.

b JAG Direct - The Department shall award program funds to the recipient in a single, lumpsum payment.

8. Trust Funds

a. The unit of local government must establish a trust fund in which to deposit JAG funds Thetrust fund mayor may not be an interest beanng account.

b The account may earn interest, but any earned interest must be used for program purposesand expended before the subgrant end date

9. Travel and Training

a All travel expenses relallng to field trips with youth requires written approval of (heDepartment prior to commencement of actual travel

c. The cost of all travel shall be reimbursed according to local regulations. but not in excess ofprovisions In Section 112.061, Florida Statutes

d All bills for any travel expenses shall be submitted according to proviSions in Section112 061, Florida Statutes.

10. Program Income (also known as Project Generated Income)

Program income means the gross income earned by the subgrant recipient during the subgrantperiod, as a direct result of the subgrant award Program income shall be handled according tothe OJP Financial Guide and US Department of Justice Common Rule for State and LocalGovernments (reference 31 CFR Part 206 - Management of Federal Agency Receipts,Disbursements, and Operation of The Cash Management Improvement Fund)

SFY 2008Rule Reference 110-9 006

Page 3OCJG-005 (rev Odober 2005)

__________~dward Byrne rvlemOrJal Justice Assistance Gr3nt ,.JAG) Pr_og=-r~3_m _

Florida Department of La'N Enforcement

11. Approval of Consultant Contracts

The Department shall review and approve in writing all consultant contracts prior to employmentof 3 consultant when their rate exceeds $450 (exclUding travel and subsistence costs) for aneight-hour day Approval shall be ba~ed upon the contract's compliance With requirements foundIn the OJP FinanCial GUide, U S Depdrtment of Justice Common Rule for State and LocalGovernments, and In applicable slate statutes The Department's approval of the subgrantrecipient agreement does not constitute approval of consullant contracts

12. Property Accountability

a The subgrant recipient agrees to use all non-expendable property for Criminal justicepurposes dUring its useful/ife or request Department dispoSition

b The sUbgrant recipient shall establish and administer a system to protect, preserve, use.maintain and dispose of any property furnished to It by the Department or purchasedpursuant to this agreement according to federal property management standards set forth inthe OJP Financial Guide, U S Department of Justice Common Rule for State and LocalGovernments or the federal OMS Circular A-11 0 or A-1 02, as applicable. This obligationcontinues as long as the subgrant recipient retains the property, notwithstanding expiration ofthis agreement

13. Ownership of Data and Creative Material

Ownership of material, discoveries, inventions. and results developed, produced, or discoveredsubordinate to this agreement is governed by the terms of the OJP FinanCial Guide (asamended), and the U S Department of Justice Common Rule for State and Local Governments,or the federal OMS Circular A-110 or A-l02, as applicable

14. Copyright

The awarding agency reserves a royalty-free non-exclusive. and irrevocable license to reproduce,publish, or otherwise use, and authorize others to use. for Federal government purposes:

a The copyright In any work developed under an award or subaward, and

b Any rights of copyright to which a subgrant recIpient or subrecipient purchases ownershipwith support funded under this grant agreement

15. Publication or Printing of Reports

The subgranl recipient shall subml[ for review and approval one copy of any curricula. trainingmaterials, or any other written malerlals that Will be published, including web-based materials andweb site content, through funds from this grant at least thirty (30) days prior 10 the targeteddissemination date.

All matenals publiCizing or resulting from award activities shall contain the following statements"This project was supported by Award No [contact OCJG for award number] awarded by theBureau of Justice StatistiCS, Office of Justice Programs The opinions, findings, and conclusionsor recommendations expressed in thiS publication/program/exhibition are those of the aUlhor(s)and do not necessarily reflect the views of the Depar1ment of Justice."

16. Audit

3 Subgrant recipients that expend $500,000 or more In a year In Federal awards shall have aSingle or program-specifiC Judd conducted for that year The audit shall be periormed in

SFY 2008Rule Reference 11 O·g 006

Page 4OCJG·005 (rev October 2005)

E,jward Byrne Memon~LJu5!ICeAssrs_tance Grant ,JAG) Program

Flonda Department of La·..... Enforcement

accordance with the federal OMS Circular ,4,-133 and other applicable federal law Thecontract for this agreement shall be Identified In The Schedule of Federal FinancialAssistance In the SUbject audit The contract shall be Identified as federal funds passedthrough the Florida Department of Law Enforcement and Include the contract number. CFDAnumber, award amount, contract period, funds received and disbursed When applicable. thesubgrant recipient shall submit an annual financial audll that meets the reqUirements ofSections 11 45 and 215 97. Florida Statutes. and Chapters 10550 and 10600. Rules of theFlorida Auditor General.

b A complete audit report that covers any portion of the effective dates of this agreement mustbe submilled Within 30 days after its completion. but no later than nine (9) months after theaudit period In order 10 be complete. the submitted report shall Include any managementlellers issued separately and management's wnl!en response to all findings, both audit reportand management leller findings. Incomplete audit reports will not be accepted by theDepartment and Will be relurned 10 the subgranl reCipient

c The subgrant recipient shall have all aUdits completed by an Independent Public Accountant(IPA) The \PA shall be either a Certified PubliC Accountant or a LIcensed Public Accountant

d. The subgrant recipient shall take appropriate corrective action within six (6) months of theissue date of the audit report in instances of noncompliance with federal laws andregulations

e The subgrant recipient shall ensure that audit working papers are made available to theDepartment, or lIs deSignee. upon request for a peflod of three (3) years from the date theaudit report is issued, unless extended in writrng by the Department

Subgrant recipients that expend less than $500,DDO in Federal awards during a fiscal yearare exempt from the audit requirements of OBM Circular A-133 for that fiscal year In thiscase, written notification, which can be in the form of the "Certification of Audit Exemption"form. shall be provided to the Department by the Chief Financial Officer, or designee. that thesubgrant recipient is exempt This nollce shall be prOVided to the Department no later thanMarch 1 follOWing the end of the fiscal year

9 If this agreement IS closed out Without an aUdil. the Department reserves the right 10 recoverany disallowed costs Identified In an audit completed after such closeout

h The completed audit report or notification of non-applicability should be sent to the followingaddress

Florida Department of Law EnforcementOffice of Criminal Justice Grants2331 Phillips RoadTallahassee, FlOrida 32308

17. Performance of Agreement Provisions

In the event of defaull. non-compliance or Violation of any proviSion of thiS agreement by thesubgrant recipient, the sUbgrant reCipient's consultants and suppliers. or both, the Departmentshall Impose sanctions It deems appropriate including wllhholdlng paymenIs and cancellation,termination. or suspension of the agreement In whole or In part In such event, Ihe Departmentshall notify the subgrant reCipient of its deCISion thirty (30) days in advance of the effective date ofsuch sanction The subgrant reclpiE:nt shall be paid only for those services satlsfaclorllyperiormed prior 10 the effecll'le dare of such sanction

SFY 2008Rule Referonce 1 t0-9 006

Page 5OCJG-005 (rev October 2005)

Edward Byrne M~.2i_onal Justice Assistance Grant !JAG) Program _

F:cnda Department of Law Enforcement

18. Commencement of Project

a If a project has not begun \t\dthin sixty (60) days affer acceptance of the subgranl award, thesubgrant recipient shall send a letter to the Department indicating steps to initiate the proJect.reason for delay and request a revised project starting date

b If a project has not begun within ninety 190) days after acceptance of the subgrant award, thesubgrant recipient shall send another letter to the Department, again explaining the reasonfor delay and request another revised project starting date.

c Upon receipt of the ninety (90) day letter, the Department shall determine if the reason fordelay is Justified or shall, al its discretion, unilaterally terminate this agreement and reobligate subgrant funds to other Department approved projects. The Department, wherewarranted by extenuating circumstances, may extend the starting date of the project past theninety (90) day period, but only by formal written amendment to this agreement.

19. Excusable Delays

a Except with respect to defaults of consultants, the subgrant recipient shall not be in default byreason of any failure in performance of this agreement according to its terms (including anyfailure by the subgrant recipient to make progress in the execution of work hereunder whichendangers such performance) if such failure anses out of causes beyond the control andwithout the fault or negligence of the subgrant recIpient Such causes include, but are notlimited to, acts of God or of the public enemy, acts of the government in either its sovereignor contractual capacity. fires, floods, epidemics, quarantine restrictions. stnkes, freightembargoes, and unusually severe weather, but In every case, the failure to perform shall bebeyond the control and Without the fault or negligence of the subgrant reCipient.

b If failure to perform is caused by failure of a consultant to perform or make progress, and ifsuch failure arises out of causes beyond the controJ of subgrant recipient and consultant, andwithout fault or negligence of either of them, the subgranl reCipient shall not be deemed indefault, unless:

(1) Supplies or services to be furnished by the consultant were obtainable from othersources,

(2) The Department ordered the sUbgrant recipient in writing to procure such supplies orservices from other sources, and

(3) The subgrant recipient failed to reasonably comply with such order

c Upon request of the subgrant reCipient, the Department shall ascertain the facts and theextent of such failure, and if the Department determines that any failure to perform wasoccasioned by one or more said causes, the delivery schedule shall be revised accordingly

20. Written Approval of Changes in this Approved Agreement

SUbgrant recipients shall obtain approval from the Department for major substantive changesThese include, but are not limIted to

a. Changes 111 project activities, target populations, service providers. implementationschedules, designs or research plans set forth in the approved agreement:


Page 6OCJC-005 (rev October 2005)

Edward Byrne MemOrial Justice As_slstance Grant IJ_AG) Program _

Flonda Department of Law Enforcencent

b Budget deviations that do not meet the following cnterlon That is, a sucgrant recipient maytransfer funds between budget categories as long as the tctal amount of transfer does notexceed ten (10) percent of the tctal approved budget and the transfer is made to an approvedbudget item: or,

c Transfers of funds above the ten (10) percent cap shall be made only if a revised budget ISapproved by the Department Transfers do not allow for increasing the quantitative numberof Items documented In any approved budget item, ie, Increasing the quantity of equipmentItems In Operating Capital Outlay or Expense categories, or staff positions in the Salaries andBenefits category )

d Under no circumstances can transfers of funds increase the total bUdgeted award

21, Disputes and Appeals

a The Department shall make Its decision in writing when responding to any disputes,dIsagreements or questions of fact arising under this agreement and shall distribute itsresponse to all concerned parties The subgrant recipient shall proceed diligently with theperformance of this agreement according to the Depanment's decision

b If the subgrant recipient appeals the Department's decision, the appeal also shall be made inwriting within twenty-one (21) calendar days to the Department's clerk (agency clerk). Thesubgrant recipient's right to appeal the Department's decision is contained in Chapter 120,Florida Statutes, and in procedures set forth in Rule 28-106104, Florida Administrative Code.Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter120, Florida Statutes

22, Conferences and Inspection of Work

Conferences may be held at the request of any party to this agreement At any time, arepresentative of the Department, of the US. Department of Justice, or the Auditor General of theState of Florida. have the privilege of visiting the project site to monitor, Inspect and assess workpertormed under this agreement.

23, Access To Records

a The Department of Law Enforcement, the Auditor General of the State of Florida, the U SDepartment of Justice, the U S Comptroller General or any of their duly authorizedrepresentatives, shall have access to books, documents, papers and records of the subgrantreCIpient. implementing agency and contractors for the purpose of audit and examinationaccording to the OJP Financial Guide (as amended), and the U S Department of JusticeCommon Rule for State and Local Governments.

b The Department reserves the fight to unilaterally terminate lhis agreement If the subgrantrecipient, implementing agency, or contractor refuses to allow public access to all documents,papers, letters, or other materials SUbject to provisions of Chapter 119. Florida Statutes, andmade or received by the subgrant recipient or its contractor in conjunction with thisagreement.

24. Retention of Records

The subgrant recipient shall maintain ail records and documents for a minimum of three (3) yearsfrom the dale of the final financial statement and be a'Jailable for audit and public disclosure uponrequest of duly authOrized persons



____E~:'ard Byrne f\,lemonal Justice Asslslance Grant (JAG) Program

Flonda Department et Law Enforcement

25. Signature Authority

The SUbgrant Recipient Authofiling Offrclal cr Designated Represenlali'Je and the ImplementingAgenc,! Official. AdmInistrator or Designated Representative, who Sign the Signature Page, havethe authonty to request changes to the appro'Jed agreement The prior mentlcned IndiVIdualshave authority to Sign or make amendments to the Sole Scurce. ADP JustIfication and thePrivacy Certification forms The Project Director has authority to submit requests for approval ofspecific travel. and Performance Reports. with the exception of the FinanCIal and CloseoutPackage. which also reqUires the signature by the Chief FinanCial Officer of the SUbgrantReCipient or authorized designee

26. Delegation of Signature Authority

When the authonzed official of a subgrant recipient or the implementing agency designates someolher person signature authori!,! for him/her, the chief officer or elected offiCial must submit to theDepartment a letter or resolution indicating the person given signature authority The leiterIndicating delegation of signature authority must be signed by the chief officer or elected officialand the person receiving signature authority The letter must also specify the authority beingdelegated

27. Personnel Changes

Upon implementation of the prOJect, In the event there is a change In Chief Executive Officers forthe SUbgrantee or Implementing Agency Project Director. or Contact Person, the Departmentmust be notified in writing With documentation to include appropriate signatures

28. Background Check

Whenever a background screenmg for employment or a background security check is reqUired bylaw for employment, unless otherwise provided by law, the proviSions of Chapter 435, FloridaSfatutes shall apply.

a All positions In programs providing care to children, the developmentally disabled, orvulnerable adults for 15 hours or more per week: all permanent and temporary employeepositions of the central abuse hotline: and all persons working under contract who haveaccess to abuse records are deemed to be persons and positions of special trust orresponSibility and require employment screening pursuant to Chapter 435, FS, uSing thelevel 2 standards set fOr1h in that chapter,

b All employees In positions designated by law as pOSitions of trust or responsibility shall berequired to undergo security background Investigations as a condition of employment andcontinued employment For the purposes of the subsection, security backgroundinvestigations shall include. but not be limited to, employment history checks, fingerprintingfor all purposes and checks in this subsectIon, statewide Cflminal and Juvenile records checksthrough the Flonda Department of Law Enforcement, and federal cnminal records checksthrough the Federal Bureau of Investigation, and may Include local cnminal records checksthrough local law enforcement agencies

(1) Any person who is required 10 undergo such a security background investigation andwho refuses to cooperate in such investigation or refuses to submIt fingerprints shall bedisqualified for employment In such position or, if employed. shall be dismissed

(2i Such background investigations shall be conducted atlhe expense of the employingagency When fingerpnnting IS reqUired, the fingerprints of the employee or applicantfor emplo/men! shall be taken by Ihe emplOying agency or by an authorized law



Edward Byrne MemOrial Justice Assistance Grant IJAG) Program---

Ficnda Department of Law Enfcrcement

enforcement officer and submitted to the Department of Law Enforcement forprocessing and fOf\.Nardlng. when requested by the emplOYing agency, to the UnitedStates Department of Justice for processing The employing agency shall reimbursethe Department of Law Enforcement for any costs Incurred by It In the processing of thefingerprin ts

29. Drug Court Projects

a A Drug Court Project funded by the JAG Grant Program must contain the 10 key elementsoutlined in the U S Department of Justice. Office of Justice Programs, Drug Courts ProgramOffice. program gUidelines "Defining Drug Courts The Key Components". January 1997 Thisdocument can be obtained from FDlE. Office of Criminal Justice Grants, at (850) 41 0-87CO

b To ensure more effective management and evaluation of drug court programs, the subgrantrecipient agrees that drug court programs funded with this award shall collect and maintainfollow-up data on criminal recidivism and drug use relapse of program participation. The datacollected must be available to U S. DOJ and FDLE upon request

30. Overtime for Law Enforcement Personnel

Prior to obligating funds from this award to support overtime by law enforcement officers, the USDepartment of Justice encourages consultation with all allied components of the criminal justicesystem In the affected jurisdiction The purpose of this consultation is to anticipate and plan forsystemic impacts such as increased court dockets and the need for detention space

31. Criminal Intelligence System

a The purpose of the federal regulation published in 28 CFR Part 23 - Criminal IntelligenceSystems Operating Policies is to assure that subgrant recipients of federal funds for theprincipal purpose of operating a criminal inteJJigence system under the Omnibus CrimeControl and Safe Streets Act of 1968, 42 USC. 3701. et seq. as amended, use those fundsin conformance with the privacy and constitutional rights of individuals

b. The subgrant recipient and a criminal justice agency that is the implementing agency agree tocertify that they operate a CrIminal Intelligence system in accordance with Sections 802(a)and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended andcomply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems OperatingPolicies and in the Bureau of Justice Assistance's Formula Grant Program GuidanceSubmission of this certification is a prerequisite to entering Into this agreement.

c This certification is a material representation of fact upon which reliance was placed whenthis agreement was made If the sUbgrant recipient or criminal justice agency operates acriminal intelligence system and does not meet Act and federal regulation criteria. they mustindicate when they plan to come into compliance Federal law requires a subgrant-fundedcriminal intelligence system project 10 be in compliance with the Act and federal regulationprior to the award of federal funds. The subgrant recipient is responsible for the continuedadherence to the regulation governing the operation of the system or faces the loss of federalfunds The Department's approval of the subgrant recipient agreement does not constituteapproval of the subgrant·funded development or operation of a criminal Intelligence system

32. Confidential Funds

A signed certification that the project director or the head of the ImpiementlO9 Agency has read,underslands, and agrees to abide by all of the conditions for confidential funds as set forth in theeffective edition of OJP's FinanCIal Guide is required from all projects that are involved withconfidential funds from eilher Federal or matching funds The signed certiflcallon must be

SFY 2008Rule Reference 110-9006

PD.fJC 9OCJG-005 (rev October 2005)

Edward B'jrne MemOrial Justice ,~sslslance Grant [J,~G\ Program-- -Flcnda Department of Law Enforcement

submitted at the time of grant application

33, Equal Employment Opportunity (EEO)

a No person. on the grounds cf race, creed, color or national origin shall be excluded fromparticipation In, be refused benefits of, or otherwise subJecled to discrimination under grantsawarded pursuant to Title VI of the CIVil Rights Act of 1964. Section 504 of the RehabllitatlcnAct of 1973, as amended, Title IX of the Education Amendments of 1972; The AgeDiscrimmation Act of 1975, and, Department of Justice Non-Discrimination Regulations 28CFR Part 42, Subparts C, D, E, F, G and H.

b The subgrant recipient and the implementing agency agree to certify that they either do or donot meet EEO program critena as set forth in Section 501 of The Federal Omnibus CnmeControl and Safe Streets Act of 1968, as amended and that they have or have notformulated, implemented and maintained a current EEO Program. Submission of thiScertification ;s a prerequiSite to entering into this agreement. This certification is a materialrepresentation of fact upon which reliance was placed when this agreement was made If thesubgrant recipient or implementing agency meet Act criterra but have not formulated,implemented and maintained such a current written EEO Program, they have 120 days afterthe date this agreement was made to comply with the Act or face loss of federal funds subjectto the sanctions in the Justice System Improvement Act of 1979, Pub L 96·157,42 USC3701, et seq (Reference Sec lion 803 (a) of the Act, 42 U SC 3783 (a) and 28 CFR Section42207 Compliance InformatIon)

c Any subgrant recipient or implementing agency receiving a single grant award for $500,000or more OR an aggregate of grant awards for $1,000.000 or more during any 18 monthperiod in federal funds, must have approval of Its EEO Plan by the U S DOJ, Office for CivilRights (OCR) The subgranlee shall submit its EEO Plan to FDLE. for submittal to the U SDOJ, OCR for approval The submission shall be in both paper copy and electronic format. Ifthe US DOJ, OCR has approved an agency's EEO Plan during the two previous years, it isnot necessary 10 submit another EEO Plan. Instead, the subgrantee need only send a copyof ils approvalletler from the OCR However, if the EEO Plan approval is more than twoyears old, an updated Plan must be submitted.

d In the event a Federal or State court of Federal or Stale administrative agency makes afinding of discrimination after a due process heaflng on the grounds of race, color, religion,national ongin, sex, or disability against a recipient of funds, the recipient Will forward a copyof the finding to the Office for Civil Rights. Office of Justice Programs

34, Americans with Disabilities Act

SUbgrantees must comply with the requirements of the Amerrcans with Disabilities Act (ADA).Public Law 101-336, which prohibits discrimination by public and private entities on the basis ofdisability and requires certain accommodations be made with regard to employment (Title I). stateand local government services and transportation (Title II), public accommodattons [Title III), andtelecommunications (Title IV).

35. Immigration and Nationality Act

No pUblic funds will intentionally be awarded 10 any contractor who knOWingly employsunauthorized allen workers, constltutrng a VIolatIon of the employment prOVISIons contained in 8USC Section 1324a(e), Section 274Ale) of Ihe ImmlgratJon and Nationality Act ("INA") TheDepartment shall conSider the employment by any contractor of unauthorized aliens a violation ofSection 274A(e) of the INA Such VIolation by the subgrant reCipient of the employmentprovisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellatIon ofthis contract b'j the Department

Sl=Y 2008Ru/e Reference 110-9 006


Edward Byrne Memorial Justice Assistance Grant (JAG) Program

FlOrida Department of Law Enforcement

36. National Environmental Policy Act (NEPA)

3. The subgrantee agrees to assist FDLE in complying With the NEPA and other related federalenvironmental Impact analyses requirements in the use of subgrant funds by the subgranteeThis applies to the follOWing new activities whether or not they are being specifically fundedwith these subgrant funds That is, it applies as long as the activity IS being conducted by thesubgrantee or any third party and the activity needs to be undertaken in order to use thesesubgrant funds,

(1) New construction:

(2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing onthe National Register of Historic Places Of (b) located within a 100-year flood plain;

(3) A renovation. lease, or any other proposed use of a building or facility that will either (a)result in a change in its basic prior use or (b) significantly change Its size; and

(4) Implementation of a new program involving the use of chemicals other than chemicalsthat are (a) purchased as an incidental component of a funded activity and (b)traditionally used, for example, in office, household, recreational, or educationalenvironments.

b For any of a subgrantee's existing programs or activities that will be funded by thesesubgrants, the subgrantee, upon specific request from the Department and the USDepartment of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a nationalor program environmental assessment of that funded program or activity

37. Non-Procurement, Debarment and Suspension

The subgrant recipient agrees to comply with Executive Order 12549, Debarment andSuspension (34 CF R, Part 85. Section 85 510, Participant's Responsibilities). These proceduresrequire the subgrant recipIent to certify it shall not enter into any lower tiered covered transactionWith a person who is debarred, suspended, declared ineligible or is voluntarily excluded fromparticipating in this covered transaction, unless authorized by the Department

38. Federal Restrictions on Lobbying

a Each subgrant recipient agrees to comply With 28 CFR Part 69, "New Restrictions onLobbying" and shall file the most current edition of the Certification And Disclosure Form, ifapplicable, With each submission that initiates consideration of such subgrant recipient foraward of federal contract, grant, or cooperative agreement of $100,000 or more; or federalloan of $150,000 or more

b This certification is a material representation of fact upon which reliance was placed whenthis agreement was made. Submission of this certification is a prereqUisite to entering intothiS agreement subject to conditions and penalties imposed by Section 1352. Title 31. UnitedStates Code. Any person who falls to file the required certification IS subject to a civil penaltyof not less than $10,000 and not more than $100.000 for each failure to file

c. The undersigned certifies, to Ihe best of hiS or her knowledge and belief, that:

SF'( 2008Rule Reference 110-9006


Edward Byrne 1I,1emOfiai Justice ASSistance Grant (JAG) Program

Flcrida Department of Law Enforcement

(1) No federally appropriated funds have been paid or shall be paid to any person forInfluenCing or attempting to influence an officer or employee of any federal agency. amember of congress, an officer or employee of congress. or an employee of a member ofcongress in conneC~lcn With the awardmg of any federal loan, the entering mto of anyrenewal, amendment, or modification of any federal contract, grant. loan or cooperati'Jeagreement.

(2) If any non-federal funds have been paid or shall be paid to any person for influencing orattempting to Influence an officer or employee of congress, or an employee of a memberof congress In connection With this federal contract. grant loan, or cooperativeagreement, the undersigned shall complete and submit the standard form, Disclosure ofLobbying Activities. according to its Instructions.

(3) The undersigned shall require that the language of this certification be included in awarddocuments for all subgrant awards at all tiers and that all subgrant reCipients shall certifyand disclose accordingly

39, State Restrictions on Lobbying

In addition to Ihe provisions contained in Item 39, above, the expenditure of funds for the purposeof lobbYing the legislature or a stale agency is prohibited under this contrad

40. Additional Restrictions on LobbyingRecipient understands and agrees that It cannot use any federal funds, either dIrectly orindirectly, In support of the enactment, repeal, modification or adoption of any law, regulation orpolicy, at any level of government, without the express prior wntten approval of OJP

41. "Pay-to-Stay"

Funds from this award may not be used to operate a "pay-la-stay" program in any local jailFurthermore, no funds may be given to local Jails that operate "pay-la-stay" programs. "LocalJail", as referenced In this condition, means an adult facility or detention center owned and/oroperated by City, county, or municipality It does not include Juvenile detention centers. "Pay-Iostay" programs as referenced in this condition, means a program by which extraordinary services.amenities and/or accommodations, not otherwise available to the general inmate population, maybe provided, based upon as offender's apparent ability to pay, such that disparate conditions ofconfinement are created for the same or similar offenders Within a Jurisdiction.

42. Mitigation of Health, Safety and Environmental risks dealing with ClandestineMethamphetamine Laboratories

If an award IS made to support methamphetamine laboratory operations the sUbgrant recipientmust comply wilh this condition, which provides for individual site environmentalassessmentltmpact statements as required under the National Environmental Policy Act

a General Requirement The subgrantee agrees to comply With Federal, State, and localenvironmental, health and safety laws and regulations applicable to the investigation andclosure of clandestine methamphetamine laboratories and the removal and disposal of thechemicals, equipment, and wastes used in or resulting from the operation of theselaboratories

b Specific Requirements. The subgrantee understands and agrees that any program orInitiative involVing the identification, seizure, or closure of clandestine methamphetaminelaboratories can result in adverse health. safety and enVlronmenlal Impacts 10 (1) the lawenforcement and other governmental personnelln\,ol'~ed,(2) any reSidents, occupants.

SFY 2008Rule Reference 110·9006


Edward Byrne Memorial Justice Assistance G~a_n_t---'.(_JA_G~)_P_r_o-",-g_ra_m _

FlcTida Department of Law Enforcement

users. and neighbors of the site of a seized clandestine laborator;: 13) the seized laboratorysite's immediate and surrounding environment of the silels) where any remaining chemicals,equipment, and waste form a seized laboratory's operations are placed or C0me to rest

Therefore. the subgrantee further agrees that in order to avoid or mitigate the possibleadverse health, safe!} and environmental impacts from any of clandestinemethamphetamine operations funded under this award. it will 11) include the nine, belowlisted protective measures or components; (2) provide for their adequate funding to Includefunding. as necessary, beyond that provided by this award, and (3) Implement theseprotective measures directly lhroughoutthe life of [he subgrant. In so dOing, the subgranteeunderstands that it may implement these protective measures directly through the use of itsown resources and staff or may secure the qualified services of other agencies, contractor orother qualified third party

(1) Provide medical screenIng of personnel assigned or to be assigned by the subgrantee tothe seizure or closure if of clandestine methamphetamine laboratories,

(2) Provide Occupational Safety and Health Administration (OSHA) required initial andrefresher training for law enforcement officials and other personnel assigned by thesUbgrantee to either the seizure or closure of clandestine methamphetaminelaboratories.

(3) As determined by their specific duties. equip personnel assigned to the project withOSHA required protective wear and other required safety equipment;

(4) Assign properly trained personnel to prepare a comprehensive contamination report oneach closed laboratory;

(5) Employ qualified disposal contractors to remove all chemicals and associatedglassware, equipment, and contammated materials and wastes from the site(s) of eachseized clandestine laboratory;

(6) Dispose of the chemicals, equipment, and contaminated materials and wastes removedtram the sites of seized laboratories at properly licensed disposal facilities or, whenallowable, properly licensed reCYCling faCilities;

(7) Monitor the transport. disposal. and recycling components of subparagraphs 5 and 6immediately above in order to ensure proper compliance;

(8) Have in place and implement an inter-agency agreement or other form of commitmentwith a responsible State environmental agency that provides for that agency's (i) timelyevaluation of the environmental conditions at and around the site of a closed clandestinelaboratory and (ii) coordination with the responSible party, property owner, or others toensure that any reSidual contamination is remedlated, if necessary, and In accordancewith eXisting Stale and Federal requirements, and

(9) Included among the personnel Involved in seizing of clandestine methamphetaminelaboratories, or have immediate access to. qualif,ed personnel who can respond to thepotential health needs of any offenderrs)' children or other children present or liVing atthe seized laboratory site. Response actions should include, at a minimum and asnecessary. faking children Into protectIve custody. Immediately testing them formethamphetamine toxiclly. and arranging for any necessary follow-up medical tests.examinations or health care



.._._.~ .Edward Byrne Memorial Justice Assistance Grant [JAG) Program

Florida Department of Law Enforcement

43. Limited English Proficiency

Nalional origin dISCrimInation Includes diSCrimination on the basIs 01 limited English proficienC'j(LEP). To ensure compliance with Title VI and the Safe Streets Act. recipIents are required totake reasonable steps to ensure that LEP persons have meaningful access to their programstIoleaningful access may entail providIng language assistance services, Including oral and wntlentranslation when necessary The US. Department of Justice has Issued guidance to assistagencies to comply with Title VI requirements. The guidance document can be accessed on theInternet at www lep gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or bywriting to the following address'

Office for Civil RightsOffice of Justice ProgramsU S Department of Justice810 Seventh Street NW, Eighth FloorWashlnglon. DC 20531

44. The Coastal Barrier Resources Act

The subgranlee will comply and assure the compliance of all contractors with the provisions ofthe Coastal Barner Resources Act (P L 97-348) dated October 19,1982 (16 USC 3501 et seq)which prohIbits the expenditure of most new Federal funds within the units of the Coastal BarrierResources System.

45. Enhancement of Security

If funds are used for enhancing security, the subgranl recipient agrees to

a. Have an adequate process to assess the Impact of any enhancement of a school securitymeasure that IS undertaken on the incidence of cnme In the geographic area where theenhancement is undertaken.

b Conduct such an assessment with respect 10 each such enhancement. and, submit to theDepartment the aforementioned assessment In Its Final Program Report

46. Environmental Protection Agency's (EPA) list of Violating Facilities

The subgranlee assures that the facilities under its ownership. lease or supervision which shall beutilized in the accomplishment of the Program Purpose are not listed on the EPA's list of ViolatingFaCilities and that it will notify the Department of the receipt of any communication from theDirector of the EPA Office of Federal Activities indicating that a faCIlity to be used in the prOJec~ isunder consideration for listing by 1I1e EPA.

47. Flood Disaster Protection Act

The subgrantee will comply with Section 102(a) of the Flood D,saster Protecllon Act of 1973.Public Law 93-234, 87 Stal. 975. requiring that the purchase of flood insurance In commumtieswhere such Insurance is available as a condition of the receipt of any federal fInancial assistancefor construction or acquIsItion purposes for use In any area that has been Identified as an areahaving specIal flood hazards

48. National Historic Preservation Act

The subgrantee will assist the Department In ItS compliance with Section 106 of the NationalHistOriC PreservatIon Act of 1966 as amended ( 16 USC 470), Executive Order 11593, and the

SFY 2008Rule Reference 110·9006


___.~dward Byrne Memorial Justice Assistance Grant (JAG) Progf3m

Flonda Department of Law Enfcrcement

Archeological and Histoncal Preservation Act of 1966 (16 USC 569a-1 et seq.) by 13) consultIngwith the State Historic Preser/atlon Officer as necessarj. to Identify properties listed in or eligiblefcr Inclusion In the National Register of Historic Places that are subject to ad'Jerse effects (see 36CFR Part 800 8) by the actiVity, and notifying the Department of the existence of any suchprcper1les and by (b) complymg with al/ requirements established by the Federal grantor agencyto a'Jold or mrtlgate adverse effects upon such properties

49. Omnibus Crime Control and Safe Streets Act

The subgrantee will comply and assure the compliance of all contractors. with the applicableproviSIons of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended: theJuvenile Justice and Delinquency Prevention Act. or the Victims of Crime Act, as appropriate: theprovisions of the current edition of the Office of Justice Program Financial and AdministrativeGuide for Grants: and all other applicable Slate and Federal laws, orders, circulars. orregula/Ions.

50. Public Safety Officers' Health Benefits Provision

The recipient has certified it IS in compliance with the PubliC Safety Officers' Health BenefitsProvision of the Fiscal Year 2002, Departments of Commerce. Justice, and State, the Judiciary,and Related Agencies Appropriations Act (Pub L No. 107.77) and agrees to remain incompliance during the life of the grant. This provision requires that the unit of local governmentwhich employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus CrimeControl and Safe Streets Act of 1968, as amended) 10 afford such public safety officer who retiresor is separated from service due to injury suffered as a direct and proximate result of a personalInjury sustained in the line of duty while responding to an emergency situation or hot pursuit (assuch terms are defined by State law) wilh the same or better level of health insurance benefits atthe time of retirement or separation as the officer received while employed by the jurisdiction Ifthe recipient demonstrates noncompliance during the life of the grant, 10 percent of the awardamount must be returned to the grantor

51. Human Research SubjectsGrantee agrees to comply With the requirements of 28 C F.R part 46 and all Office of JusticePrograms policies and procedures regarding the protection of human research subjects. includingobtainment of Institutional Review Board approval, if appropriate, and subject informed consent

52. National Information Exchange Model specifications·To support public safety and Justice information sharing, OJP requires the grantee to use theNational Information Exchange Model (N/EM) specifications and guidelines for thiS particulargrant Grantee shall publish and make available without restriction all schemas generated as aresult of this grant to the component registry as specified in the guidelines For more informationon compliance with this condition, visit http Ilwww niemgov/implementalionqUidephp

53. Reporting, Data Collection and EvaluationThe subgranl recipient agrees to comply With all reporting, data collection and evaluationrequirements. as prescribed by the BJA in the program guidance for the Justice Assistance Grant(JAG) Compliance with these requirements will be monItored by BJA.

54. Privacy CertificationThe Subgrant recipient agrees to comply with the confidentiality reqUirements that are applicableto collectIon, use, and revelalion of dala or Information and thaI are in accordance withrequirements of Confidenhalil'! of Identifiable Research and Statistical Information (28 C.F R Part22 and, in particular, section 22 23, Privacy Certification)



Edward Byrne Memorial Justice Assistance Grant (JAqi PrC:9"'-.r_a_m _

Flo(lda Department of Law Enfcrcement

If an award is made for a prOject which has a research or statistical com~or.ent under which:nformallon Identifiable to a pnvate person WIll ce collected, the subgrant recipient agrees 10:

PrOject plans will be deSigned to preser'le anonymit,/ cf private persons 10 whom informationrelates, includIng, where appropriate. name-stripping, coding of data. or ether similarprocedures

2. Project findings and repens prepared fer dissemination will not contain Information which canreasonably be expected to be IdentIfiable to a private person

3 A log will be maintamed Indicating that identifiable data have been transmllted to persons otherthan BJA, OJJDP, BJS. NIJ, or OJP or grantee/contractor slaff or subcontractors, that suchdata have been returned, or thai alternative arrangements have been agreed upon for futuremaintenance of such data

4 A description of the project containing assurance by the applicant that(1) Data idenllfiable to a private person will not be used or revealed.

(2) Access to data will be limited to those employees having a need and that such personsshall be adVised of and agree in writing to comply with these regulations

(3) All subcontracts which require access to Identifiable data will contain conditions meeting therequlfements

5 Any private persons from whom identifiable data are collected or obtained. either orally or bymeans of wf/lten questionnaire, shall be advised that the data will only be used or revealed forresearch or statistical purposes and that compliance with requests for information is notmandatory Where the notification requirement is to be waived, a justification must be includedin the Privacy Certificate

6 Describe the precautions that will be taken to insure administrative and physical security ofidentifiable data

55. State Information Technology Point of Contact

The subgrant recipient agrees to ensure thai lhe Slale Informatlon Technology Point of Contactreceives written notification regarding any information technology project funded by this granlduring the obligation and expenditures period. This is to facilitate communication among localand state governmental entities regarding various information technology projects beingconducted with these grant funds. In addition, the recipient agrees to main lain an administrativefIle documenting the meeting of this requirement. For a list of Slate InformatIon TechnologyPoints of Contact. go to http I/www oip usdoj qov/ec/states htm.

56. Interstate Connectivity

To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for lawenforcement Information sharing systems which involve interstate connectivity betweenJurisdictions, SuCh systems shall employ. to the extent possible, existing networks as thecommunication backbone to achieve interstate connectivity. unless the sUbgrant recipient candemonstrate to the satisfaction of BJA that thIS requirement would not be cost effective or wouldImpair the functionality of an existing or proposed IT system

57. Supplanting

The recipient agrees thai federal funds under thiS award Will be used 10 supplement but notsupplant stale or local funds



CERTIFICA"rION OF COMPLIANCE WITHEaUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS

Florida Department of Law EnforcementEdward Byrne Memorial Justice Assistance Grant ProQram

SUBGRANTEE CERTIFICATlON

Federal regulations require recipients of financial assistance from the OffIce of Justice Programs (OJP) toPfepare, maintain on file, submit to OJP for review and implement an EEO Pian in accordance with theomnibus Crime Control and safe Street Act of 1966, as amended, and 2S CFR Part 42.301 -.308,Subparts C through H, if they meet the following criteria:

(i) have 50 or more employees; and(il) received a total of $25,000 or more In grants or 8ubgrams; and(iii) have 3 percent or more minorities it1 seMces population (however, if less than 3

percent mlnorltfes in service population, an EEOP must still be prepared, but mustfocus ()(l employment practices aHectlng women only).

I, the undersigned authorized offlda!, certffy that according to Section 501 of the Omnibus Grime Controland sate Streets Act of 1968 as amended. that the Subgrantee (Subgrant Recipient):

_X Does meet Act Criteria and does have a current EEO Plan.

Does meet Act Criteria and does not have a current EEO Plan.

_ Does not meet Act Crtlefia, and therefore not required to have an EEO Plan.

Recipients that meet criteria (I) and (Iii) above, and receive over $500,000 (or $1 million during and 18month period) are required to submit an EEO Plan to the Office for eMl Rights, Office of JusticePrograms for review.

__Has included a copy of the current approval latter from the US DOJ.

I further affirm that if the Subgrant Reclplent meets the Act criteria and does not have a curren1 wrtttenEEO Plan, federal law requires It to formulate. implement, and maintain such a Plan within 60 days after a8ubgrant appIlcatlon for federal assistatlce is approved or face loss of federal funds.

{\. ,.' .-....,. "h~ ,., II} .. I

Cc ()~.--:>;.(! (..'i:tU ,c;...\ . .JASignature ot.'Subgrantee AUthorized Official

Type Name: Elizabeth Porter

Title: Oai..rmm

Subgrant Recipient: ColLrnbia Coonty &md of ('..ot.mty Carrn:issi<D2rs

Date: 7/20/07

FDLE JAG Grant Appl/ctftJon PttcJuIg!

Rule Reference 110-9.006

EEO c.rtfflcIItionPage 2 012

OCJG-006 (Rev. March 2007)

CERTIFICATION OF COMPLIANCE WITHE~UAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REOUIREMENTS

Florida Department of Law EnforcementEdward Byrne Memorial JustJce AssIstance Grant PrOQram

IMPLEMENTING AGENCY CERTJACATION

Fed9fa! regulations requJre reciptentB of fJnanclaI assJstance from the Office of Justice Programs (OJP) toprepare, maintain on file, Stbmit to OJP for review and Implement an EEO Plan In accordance with theOmnibus Crime Control and Sate Street Ad of 1968, as amended, and 28 CFA Part 42.301-.308,Subparts C througtl H, if they meet the folfowtng criteria:

(Q have 50 OJ more employees; and(Y) received a total of $25,000 or more In grants or subgrarrts; and(lij) have 3 percent or more minoOtles In services poputatfon (however, If less than 3

percent minorities In service population, an EEOP must stll be prepared, but mustfocus on empk>yment practicea affecting women ooly).

I, the undersigned authorized otficlal. certtfy that accordng to Section 501 of the Omntbus Crime Controland Safe Streets Ad of 1968 as amended, that the Subgrantee (Subgrant Aedpleot): '

~ Does meet Act CrIteria and does have a current EEO Plan.

Does meet Act Criteria and does not have a current EEO Plan.

_ Does not meet Ad. Criteria, and therefore not requh'ad to have an EEO Ptan.

__Is Included in the EEO Plan of the Subgrant Raclpient.

Redplents that meat criteria (i) and (Iii) above, and recefva over $500,000 (or $1 mlmon dur1ng and t8month period) are required to submft an EEO Plan to the Office for CMt Rights, OffIce of JusticePrograms for review.

__Has Included a copy of the current approval letter from the US DOJ.

I further atfInn that if the Subgrant Recipient meets the Act criteria and does not have a current writtenEEO Plan, federa.liaw r9Qll1res it to foonulate, Implement, and malnt&n such a Pfan within 60 days aftet' a

s~ ..,,-tloo ~. f""';'aJ 888lstance S lllJIlfllVed 0< ''''''' Iosa of f_ funds.

U/C!?~Signature of Implementing Agency Authorized Offlclal

Type Name: fund Allbritten

Title: Chief of Police

Implementlng Agency: lake City Police~

Date: 7/XJ/07

Rule Rafereoce 11 D-9.006Page2012

OCJG-007 (Rev. March 20(7)

Application for Funding AssistanceFlorida Department of Law EnforcementJustice Assistance Grant - County-wide

In wftness whereof, the parties affirm they each have read and agree to the conditfons setforth in thls agreement, have read and understand the agreement in its entjrety and haveexecuted this agreement by their duty authorized officers on the date, month and year setout below.

Corrections on this page, Including Strikeovers,whlteout, etc. are not acceptable.

stat.Of FIOrldIi' ....~af~-~0ffI«* of Climfnal-.iustfce Grants

Signature: __----=&;:,..:~~~:;.L..%....L}/..L.:.~!JI::J.oIlJd.~~~...------Typed Name and Title:

q-/{)-~7

'" ' S~ntR~', -,',.';. .' A~ngQffleJalof OCWemrnenIaIlItllt' C '_,.,

(CommisSion Chaifin~~. or ~.RepresentatiVe);.

Date: _______-----'-'=-----=---.1'-- _

f I

Typed Nama of Subgrant CoIllTlbia Camty Boord of Carmissi<n:TS

'.) I)' l~' ) ~Signature: (. <_!cera, 1r?-,CJ'l- I- ~ I J\..

Eliza~th Porter Boord 01a.inmn

Date:

Typed Nama and

7!~,S}O~7

Impiementlng A~nc:Y,.'.....Official, Administrator Of" Destgnated Represeotatrve '

/Date:

Typed Name and

- 1 '7/) -/ ''7(, ( ,- 2(

Typed Name of 'ttntlng Lake City Police I:e[XiI'tlTerlt

Signature: ~,,--r/C, .f/'1~--:,_?.t-"-,-fuvid AUbrittoo Chief of Police

Application Ref #

Contract

2008-JAGC-818

-JAGC-COLU- - -

Section #6 PaQ{l 1 of 1

Rule Referonce 110-9006 OCJG-005 (nw. ApriI2005)

Address

COLUMBIA COUNTY BOARD OF COUNTY COMMISSIONERSUTILITY PERMIT

(\VHSP PN 047-00148)

Date: hnnit No. County Roau_---'2:...:4.:.:.6..>..(C""'o~....rru=·=th:...:Rco.:J"'_') Section No.15

Perrnittee W~i~n~~d~st~r~eam~~F,-,I~o:..!..n~·d!.!'a.~I!..!:nc~. _ATTN: asp Engineering206 White Av., S.£., Live Oak FL 32064 Telephone Nwnbc::r__3~8~6:....:-3,,-,,6:...:.4--=-2:....:.4-,,-9.o....1__

Requesting permission from Columbia County, Florida, hereinafter caJJed the COlU1ty, to contract, operate and

maintain replace 1100' of buried telephone cable damaged on CR 246 during the place ment of a

guard rail on the south side T2S, RANGE 16E, SECT 15

FROM: TO: _

1. Permittee declares that prior to filing this application it has determined the location of an existing utilities, bothaerial and underground and the accu.rate locations are show on the plans attached hereto and made a part of thisapplication. Proposed work is within corporate limits of Municipality: YES ( ) NO (X ). [f YES: LAKECITY ( ) FORT WHITE ( ). A letter of notification was mailed on N/A to the followingutility O\\l1erS _

The Columbia County Public Works Director shalJ be notified twenty-four (24) hours prior to starting work andagain immediately upon completion of work. The Public Works Director is Hovle Crowderlocated at Lake City Telephone Number 386-752-5955.The PERMITTEE's employee responsible [or Maintenance of Traffic is HenkeJs & McCoy_________ Telephone Number 386-963-3413 (This name may be providedaL the time of the 24 hour notice to starting work.)

3. This PERMJTIEE shalJ commence actual construction in good faith within 30 days after issuance of permit,and shall be completed within -.-l.£ days after pemtittcd work has begun. [f the begiruting date is more than 60 daysfrom date of permit approyal, lhen PERMITTEE must review the pennit with the Columbia COlll1ty Public WorksDirector Lo make sure no changes have occurred in tbe transportation facility that would affect the permittedconstruction.

4. The construction and Jlk'lintenance of such utility shall not interfere with the property and rights of a priorPERMIlTEE.

5. It is expressly stipulated that this pennit is a license for pennissive use only and that the placing of utilities uponpublic property pursuant to this pennit shall not operate to create or vest property right in said holder

6. Pursuant to Section 337.403( I), Florida Statutes, whenever necessary for the construction, repair, improvement,maintenance, safe and efficient operation, alteration or relocation of all, or any portion of said transportation facility

Utilities PennitPage TwoRevised: 6/22/0 I

as determined by the Columbia County Public Works Director and/or County Engineer, any or all utilities andappurtenances authoriz.ed hereunder. shall be immediately removed from said transportation facility or reset orrelocated thereon as required by the Columbia County Public Works Director and/or County Engineer and at theexpense of the PERMITTEE.

7. In case of non-c<Jmptiance with the County's requirements in effect as of the approval date of the pennil thispennit is void and the facility will have to be brought into compliance or removed from the right of way at no cost tothe County.

8. It is tmderstood and agreed that the rights and. privileges herein set out are granted only to the ex1ent of theCounty's right title and interest in the land to be entered upon and. used by the PERMln"EE. and the PERMllTEEwilt at all times, and to the extent pennitted by law, asswne all risk of and indemnify, defend, and save harmlessColumbia COtmty, Florida from any and all loss, damage, cost or expense arising in any manner on acC()unt of theexercise or attempted exercise by said PERlvtlTTEE of the aforesaid right and privileges.

9. Dming construction, all safety regulations of the County shall be observed and the PERMITTEE must takemeasures, including placing and the display of safety devices that may be necessary in order to safely conduct thepublic through the project area in acC()rdance with the Federal Manual on Unllonn Traffic Control Devices, asamended for highways.

10. Should the PERMITTEE be desirous of keeping its utilities in place and out of service. the PERMITIEE, byexecution of this permit acknowleDges its present and continuing ownership of its utilities located between___________________and within the

County's right of way as set forth above. PERMlTTEE, at its sole expense, shall promptly remove said out ofservice utilities whenever Columbia County Public Works Director and/or County Engineer determines said removalis in the public interest.

II. Special instructions: Minimum cover of thirty inches (30") \\111 be required at all locations. Columbia County\\;11 not be fInancially responsible for any damage to facilities with less than thirty inch (30") cover. Cables shall notbe located within driveway ditches.

It is lmderstood and agreed that commencement by the PERMfTIEE is acknowledgment and acceptance of thebinding n.ature of these special instructions.

Submitted By: Windstream Florida, inc.Permittee

Ih I~) .

<fi"':d' I. .Cr:tJ CAr)Signa re and TitlGary D. CaryManager-OSP Engim:tTing

Place Corporate Seal

Attested

Utilities PennitPage ThreeRevised: 0/22/0 [

Reconunended for Approval:

Signature: <" :~';;"I'.t!..,- ! /~!'1~,,.i--./'--'"

Title

Date

Approval by Board of County Commissioners, Columbia County Florida

YES ( ) NO ( )

Date Approved: _

Chairman's Signaturc: _

WHSP CR 246 CORNITH RD PN 047-00148

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PROCLAMATION NO. 2007P-5

A PROCLAMATION FOR EPILEPSY AWARENESS MONTH fOR NOVEMBER 2007, COLUMBIACOUNTY, FLORIDA

WHEREAS, epilepsy is a neurological condition that affects 3 millionpeople across the United States, with 180,000 new casesdiagnosed each year;

WHEREAS, there are over 350,000 children and adults in the state of FlorIdawith recurring seizures, and an estimated 1300 people residing inColumbia County;

WHEREAS, people with epilepsy stili face social stigmatization anddiscrimination affecting employment opportunities and careeradvancement;

WHEREAS, the FlorIda Epilepsy Service Providers Association and Itsaffiliate, the Epilepsy Association of Central Florida, NorthCentral Florida Region, are conducHng a pUblic educatloncampaign throughout the year to dispel the misconceptionsabout people living with epilepsy, and especially during themonth of November;

THEREFORE, be It proclaimed by the Board of County Commissioners ofColumbia County. Florida, that the month of November, 2007,be designated as

EPILEPSY AWARENESS MONTH

in Columbia County, Florida, and ask all citizens to Join theEpilepsy Association of Central FlorJda, north Central FloridaRegion, In working to Improve the quality of medical deliveryand sodal, educational and professlonallnclusfon for allpeople In the state of Florida liVing with epilepsy.

UNANIMOUSLY PASSED AND ADOPTED by the Board of County Commissioners ofColumbia County. Florida, at Its regular session on the 4 th day of October, 2007.

COLUMBIA COUNTY, FLORIDA

By: ._.. _Elizabeth Porter, Chairperson

ArrEST: _

P. DeWitt Cason, Clerk of CourtApproved as to form:

--.----_...-----------Marfln M. Feagle, County Attorney

COLUMBIA COUNTY, FLORIDARESOLUTION NO. 2007R - 37

A RESOLUTION OF COLUMBIA COUNTY, FLORIDA DESIGNATINGOCTOBER 10, 2007 AS "PUT THE BRAKES ON FATALITIES DAY"

WHEREAS, twenty-nine (29) lives were taken in Columbia County in

2005 due to traffic crashes, thirty-two (32) died in 2004, thirty-two (32) deaths in 2003

traffic. and in 2002 we lost twenty-nine (29) lives due to traffic crashes; and

WHEREAS, traffic crashes are the leading cause of death for people

ages 6 to 33: and over half of passenger vehicle occupants killed died unbuckled,

and motorcycle rider fatalities now account for 11 percent of total fatalities. and

4,784 pedestrians and 773 bicyclists were killed in 2006 traffic crashes; and

WHEREAS, an estimated 2.54 million people were injured in traffic

crashes in the United States in 2006; and these roadway deaths and injuries in the

United States cost society $230.6 billion a year, about $820 per person: and

WHEREAS, October 10, 2007 is the Seventh Annual "Put the Brakes

on Fatalities Day®" and Columbia County is proud to participate in this nationwide

effort to help save lives on our city's roadways.

NOW, THEREFORE, I, Elizabeth Porter, by virtue of the authority

vested in me as Chairman of the Columbia County Board of County

Commissioners, Columbia County, Florida, do hereby proclaim Wednesday

October 10. 2007 as

"PUT THE BRAKES ON FATALITIES DAy!l"

in Columbia County, Florida, and urge all citizens to renew their commitment to

traffic safety and to help save lives by Driving as if Your LIFE Depends On It,

promoting safe driving behaviors and by sharing these important messages

throughout our community

DONE AND RESOLVED THIS DAY OF ,2007

(SEAL)

AnEST'

CLERK

BOARD OF COUNTY COMMISSIONERS

OF COLUMBIA COUNTY, FLORIDA

CHAIRMAN

APPROVED AS TO LEGAL FORM AND SUFFICIENCY

Office of the COLUMBIA County Attorney

FLORIDA DEPARTMENT OF CORRECTIONS'INTER4.GENCYfPVBLIC \"'ORKS AGREEMENT

(LOCAL AGREEMENT)

This Loeal Agreement made Jnd entered into this b! day of July 2007, by and between the State ofFlorida, Department of Correctlons, through its institution/facility, Columbia C.l. WOl"k.campi hercim1ter referred to as "Department"), and the Columbia County Public Works,(hereinafter rden·ed to 3S "[\geney"), is done so in accordance \vith section 946.40, floriJn Statutesand Rule 33-601.201, Inmate Work Program, and 33-601.202, Use of lruTlates in Public Works,Florida i\dministrative Code.

'A'ork perfomled under this Local Agreement is detennined to be value added or cost savings as

defined in the Community Work Squad 1\lanual (check one).

Value Added XCost Savings

I. TERl\tIlRENE\VAL

This Local Agreement shall begin on the last date of signature by all parties.

This Local Agreement shall remain in effect from year to year unless tenninated by either party,pursuant to the provisions of Section VII., Suspension or Tell11ination of Local Agreement.

II. FINANCIAL OBLIGATIONS

The Department and the Agency acknowledge that this Local Agreement is not intended to createfinancial ohligations het\veen the parties. However, in the event that costs are incurred J.S a result ofeither or both of the parties perfol1l1ing their duties or responsibilities under this Local Agreement,each party agrees to be responsible for their 0\\11 costs.

III. DEPARTMENT'S RESPONSIBILITIES

The Depar1rncnt agrees to provide, or is responsible for, those items delineated by placement of 8n"X" in the space located to the left ot'the corresponding number. Items for which the Department isnot responsible shall be marked liN/A" to the left of the nwnber.

x

x

x

l.

2.

J.

4.

Screen inmates for the work to be perfol1l1ed in orda to assign inmates who do Ilotpresent a danger to property or lXrsons.

Provide up to 18 inmates each workJay for the period ot' the Local Agreement.Community custody ( ); Minimum custody ( ); Both.(X).

Provide Correctional Officer supervision of the work squad \vhile perfomling workunder this Local Agreement.

Provide 2. vchick(s) and J. Correction<l! Officcr(s) each workday to transpol1 inmatesto and from the work site.

Inm~lli: Labor :\gr~ement

Provide food and drinks for inmate lunches.

Provide drinking water for inmates.

Provide transportation from the work site to the correctional facility for inmates whorefuse to work. become umble 10 work, or cause a disruption in the ,,\ork schedule.

:\pprehend escapees and handle problem inmates.

X 5.

X 6.

X 7.

.~ 8.

X 9. Administer all disciplinary action to be taken against jrunate(s) for infractionscommitted while performing work under this agreement.

X 10. Provide for medical treatment of ill or injured inmates and transportation of suchinmates.

N/A 11. Conduct a background check, which includes a criminal history check, and obtainapproval of the Department's Agreement Manager, or designee prior to authorizlngNon-Department Supervisors to participate in training to supervise inmates.

N/A 12. Provide orientation and training to Non-Department Supervisor(s) approved tosupervise inmates prior to their a.':isuming supervisory responsibility of an inmatework squad. Training \vill be in accordance "'lith the Department's guidelines forNon-Department Supervision of Itunates and will include annual refreshertraining during each successive year of supervision by the Non-DepartmentSupervisor.

N/A 13. Notify the Agency in the event that an Agency employee fails to provide propersupervision of inmate(s).

X [4. Provide inmates with all personal items of clothing appropriate for the season of theyear.

X 15. Have imnates ready for transportation/work at the appropriilte times regardless oftemperature or inclement weather, unless notified by the Agency of suspended v"orkoperations, or when the Department detem1ines that a work squaLl should not checkOllt.

X IG. Provide a First Aid Kit and Blood Borne Pathogens Personal Protective Kit to eachwork squad.

X 17. Orientate each inmate in the use of equipment regardless of the inmate's claim \t)

have had prior experience in the use of gasoline or t:lectrically poweredequipment before allowing the inmate to use ic. Utilize form DC2-569, InmateSafety Training, to document that the inmate has had the training. This reportshall be kept on file at the contract work site and by the Depa11mcnt's Agreementrvtanager.

Inl!l<.lt<: Labor Agre<:ment

N.'A 18. Other. (If provided, shnll be AttacJmlent A., inCOrpOrLlleJ hat::'in by reference J,ndmade part of this Agreement.) "Other" special considerations regarding activities ofthe \\lork squad may be based on \vork location, etc.

IV. AGENCY'S RESPONSIBILITIES

The Agency agrees to provide, or is responsible for, those items delineated by placement nf ~lD "X"in the space located to the left of the corresponding number. Items for \vhich the Agency is notresponsible shall be marked "NIX' to the left of the number.

I.

NiA 2.

N/A 3.

X 4.

X 5.

X 6.

N·t'\. 7.

X 8.

Provide the Department with a schedule of hours that inmates will work inaccordnncc with the established vvorkday for the t\gcncy and the transportation timerequired. Any deviation from the established schedule \vill be reported to. andcoordinated ""ith, the Department.

The established schedule for this work squad is: Days 2 , Hours ~

Provide supervision of inmates in accordance with the Depnrtment's rules Jndregulations \vhile performing work under this Local Agreement. Non-DepartmentSupervisors may supervise Community and rvlinimum Custody inmates. Each NonDepartment Supervisor mlLSt successfully pass a background check that includes acriminal history check, and must be approved by the Department's AgreementManager, or designee and complete required orientation/training in the supervisionof irunates, prior to asswning supervision.

Provide transportation of inmates each workday to and from the work site.

Provide all tools, equipment, materials and safety personal items such as gloves,rubber boots, hard hats, etc., necessary and appropriate for perfomwnce of the workunder this Local Agreement.

Ensure that licensing or pennits are obtained if required for the \York to beperformed under this Local Agreement. Provide necessary supervision andguidance for projects that require a pem1it [lnd require tcclmical assist8nce tocomplete the project.

Immediately notify the Department in the event of an escape \vhile the inmate isunder supervision of the Agency. Repo11 Jny inappropriJ.te behavior Jispbycd byinmates or any inmate who fails to perfonn tasks in an ;Jcceptabk ll1J.nner.

Complete the Community Work Squad /\ctivities Report, DC6-2J9 (to be providedby the Department) daily and submit the tonn on a weekly basis to the Department.

Report all inmate injuries, regardless of how minor in nature. to the DepJI1mcnt JSsoon 3.$ possible. Report any medically related complaints made by an inmate to theDepartment a::; soon as practical. In CiL<;es of emergency. render lirst aid, within thescope of the supervisor's meJic,.d training, to work syu;ld inmates and provideemergency health c;:Ire J.lld related assistance to the DepJrlmcnt.

DCu-2-16 (f{l:vi~ed -/-04)

Inmate Labor ,\greement Page 4 of7

X 9. Provide inmates '.vith a fifteen-minute rest break in the Illorning and alkm(wil.Lunch breaks shall nOllllally begin at Noon and last at leJst thirty (JI)) minuks.Ensure ilUnates are supervised during rest :lnd lunch breaks.

N: A 10. Provide dlinking '.vater for irunatcs.

N/:-\ 11. Require each Non-Department Supervisor approved to supervise inmates ;)nJother appropriate staff members, to attend orientation/training in the supervisionof inmates prior to assuming supervision of inmates and refresher (rainingannually thereafter. Training will be provided at a Department location. l'P\)J1the Department's issuance of a Training Certification Card, the Agency shallrequire non-department personnel to carry this card when supervising inmatelabor.

X 12. Ensure that all work assignments/proj ects uti Jizing inmates are authorized projects ofthe municipality, city, county, governmental agency or non-profit organization andthat private contractors employed by the Agency do not use inmiltes as any pan oftheir labor force.

X 13. Agency hereby agrees to be Jiabk for. and shall inderrmify, defend und hold theDepartment harmless from all claims, suits, judgments or damages including courtcosts and attorney's fecs arising out of intentional acts, negligence or omissions bythe Agency in its supervision of irunates pursuant to this Local /\greement. Ifagency is an agency or subdivision of the State of Florida, this paragraph shall not beinterpreted ilS altering the state's waiver of irrununity in tOlt pursuant to Section768.28, Florida Statutes, or to otherwise impose liability on Agency tor which itwould not otherwise by la\,,: be responsible.

N/;\. 14 Orientate each inmate in the Wie of equipment regardless of whether the inmateclaims to have had prior experience in the use of gasoline or electrically poweredequipment before allowing the inmate to use it. Utilize form OC2-569, InmJteSafety Training Documentation, to document that the inmate has had the training.This report shall be kept on file at the contract work site and a copy shall beprovided to the Department.

N/,L\ 15. It is the intent of this Local Agreement that the agency,\vork squad have andmaintain communications '.vith the institution at all times. A method ot'communication (radios, cellular phone, etc.) shall be provided at no cost to theDepartment. The Agency shall provide a primary method of communication thatshall be approved by the Department's Agreement Manager in writing prior toassignment of the work squad. Dependent upon the method at' communicJttonprovided, the Agreement Manager may require a sccondmy or back-up metllod ofcommunication.

Type of Communication utilized in this Local Agrcement:nJaN,':\ I(). Provide a First Aid Kit and Blood Bome Pathogens Pcrso 11<.1 I PrutLctivc Kit lo c~ILh

work squad.

Inmilte LJbor Agreement P:1ge 5 of 7

?i [7.

N-'A 18.

Ensure that the \Vork Squad does not work on s\.:hoo] property or pmnaryelementary or secondary education institutions where stlld~nts are present.

Other. (If provided, shall be Altaclm1cnt A, incorporated herein by reference ;)ndmade pal1 of this Agreement.) "Other" special considerations regarJing activities ofthe work squad may be based on work location, etc.

V. AGREEMENT ADMINISTRATION

Warden(Location)(Address)

(Name)(Title(Location)(Address)

:\. Department's Agreement Manager

The Warden of the Correctional Institution represented in this Local :\greemelll isdesignated Agreement Manager for the Department and is responsibk for enforcingperformance of the Local Agreement terms and conditions and shall serve as a liaisonwith the Agency. The name, address and telephone number of the Department'sAgreement [\'1anager for this Local Agreement is:

Steven SingerColumbia Correctional Institution216 S.E. Corrections WayLake City, FL 32025

(Telephone #) 386-754-760 I(Fax #) 386-754-7602(E-mail)[email protected]

8. Community Work Squad Coordinator

The Assistant Warden designated by the Warden, is responsible for ensuring compliancewith the requirements of this Local Agreement.

John GriffisAssistant Warden a f OperationsColumbia Correctional Institution216 S. E. Corrections WayLake City, FL 32025

(Telephone #) 386-754-7607(Fax#) 386-754-7602(E-mail)[email protected]

C Department's Agreement Administrator:

The Chief. Bureau of Purchasing, is designated Agreement Administrator for lheDepartment and is respon:')ible for processing Agreement Amendmt'l1{s and terminationsof the Agreement, and will serve as a liaison with the Agreement Manager Cor theDepartment. The address and telephone number of the Department's AgreemeJltAdministrator is:

lilnlJk LJbor A.greel11cnt

(Name)(Title(Address)

Chief, Bureau of PurchasingFlorida Department of Corrections2601 Blair Stone RoadTallahassee, Florida 32399-2500(850) 410-4091

C. Agency's Representative

The name, address and telephone number of the representative l)f the Agency is:

Hoyle Crov,:derDirectorP.O. Box 969Lake City, FL 32055

(Telephone #) 386-752-5955(Fax #) 386-758-2148(E-mail)

VI. DISPUTES

Any dispute concerning performance of the temlS of this LocaJ Agreement shall be resolvedinformally by the Department's Agreement Manager. Any dispute thLlt can not be resolvc'dinformally shall be reduced to writing and delivered to the Department's Correctional ProgramAdministrator, Office of Institutional Support. The Correctional Program Administrator shall decidethe dispute, reduce the decision to writing, and deliver a copy to the Department's Agreementt'vranager, the Agency Representative and the Department's Agreement Administrator.

VII. SUSPENSlON OR TERMINATION OF LOCAL AGREEMENT

The Department or the Agency may suspend or terminate this Local Agreement. in v·,:hole or in part,with immediate \Hitten notice to the other party when the interests of the Depatiment or Agency sorequire.

VIII. AGREEMENT MODIFICATION

After execution of this agreement, any changes in the information contained in Sectiun 111. 2.,and Section V., Agreement Administration, shall be provided to the other party in \-Hiring lind acopy of the written notification shall be maintained in the otlicial agreement record.

Modifications to the provisions of this agreement, with the exception of Section llI.. 2., lindSection V., Agreement Administration, shall be valid only through execution of J. formalagreement amenJmcnt.

I )('(>-2-l() (RevisetJ -1-04 I

Inl1l~lC LabLJr r\greemcill

IN Vv'ITNESS THEREOF. the p<lJiies hereto have caused this Agreement to be ~\t:(;lItcd hy (heirulldersigned officials as duly authorized,

AGENCY:PUBLIC \VORKS

SIGNEDBY:NA.tvlE:(PRINTED)

TITLE:

,~/./_'_--L'

.. -" /' J,. -- ~ " .. , ''''~' ''''-''-''

DATE:

rEID #:

llf:J.\\Drt

SCI - ~ f:) DO IS"~ ¥

DEPARTMENT OF CORRECTIONS

SIGNEDBY:

NAME:(PRINTED) Steven Singer

TITLE:

DATE:

WardenDepartment of Corrections

Orticial DC Form # approved for legality and format and may not bechanged. If changes are required, formal review and approval must be processrllthrough the Agreement Administrator listed in Section. V.

O('lj·2-16 (Rc:vistd .1-(4)

FISCAL YEAR 2008

LOCAL GOVERNMENT COMPREHENSIVE PLANNfNG SERVICES

AGREEMENT

BETWEEN THE

BOARD OF COUNTY COMMISSIONERSOF COLUMBIA COUNTY. FLORlDA

AND THE

NORTH CENTRAL FLORiDA REGIONAL PLANNING COUNCIL

This Agreement made and entered into this day of 2007,by and between the Board of County Conunissioners of Columbia COW1ty, Florida hereinafterreferred to as the "Purchaser" and the North Central Florida Regional Planning Council,hereinafter referred to as the "Planning Council".

This AGREEMENT/CONTRACT IS ENTERED fNTO BASED UPON THEFOLLOWING FACTS: The Purchaser desires to engage the Planning Council to render certaintechnical or professional services; and

The Planning Council possesses the qualifications and expertise to perform the servicesrequired.

NOW THEREFORE, THE PURCHASER AND THE PLANNING COUNCIL DOMUTUALL Y AGREE AS FOLLOWS:

ARTICLE I - SCOPE OF SERVICES

Tbe Planning Council agrees to provide services to the Purchaser in accordance with theterms and conditions set tarth in Appendix A, Scope of Services, of this Agreement which isincorporated by reference herein and considered as an integral part of this Agreement.

ARTICLE II - COlviPENSAnON

-Ibc Planning Council shall be paid by the Purchaser a fixed fee of Seventy-six ThousandDollars and No Cents ($76.000.00) for services provlded in completing the Scope of Servic~sdescribed in Appendix A, which is incorporated herein by reference.

Page I of 4

Payment to the Planning Council for services rendered in accordance with the Scope ofServices as set forth in Appendix A, Scope of Services. of this Agreement. which is incorporatedby reference herein and considered as an integral part of this Agreement. will become due \vithinthirty (30) days following receipt by the Purchaser of a requisition of payment. Requisitions mayhe made on a monthly ba..o:;is.

ARTICLE IlJ - TI!vtE COMPLETION

This Agreement shall begin on October 1, 2007 and shall end on September 30, 2008.Any allowable costs incurred by the Planning Council during the period covered by thisAgreement in providing services in performing the work described in Appendix A, Scope ofServices, of this Agreement, which is incorporated by reference herdn and considered a~ anintegral part ofthis Agreement are eligible expenses chargeable to the Purchaser. However. ifthis Agreement is not executed by all parties, the Purchaser shall not be liable for any such costsincWTed by the Planning Council.

ARTICLE IV - TERMINAnON WITHOUT CAUSE

Each party may terminate this Agreement without caU5e providing fifteen (15) days\vritten notice to the other. Written notice shall be via U.S. Mail, first class mail, postageprepaid. by certified mail, return receipt requested. In such an event, all finished or unfinisheddocuments and other materials prepared by the Planning Council pursuant to this Agreementshall become the property of the Purchaser. Upon termination as provided in this Article, thePlanning Council shall be reimbursed for all of its actual costs incurred in providing serviceshereunder this Agreement as the same are defined in Article II of this Agreement.

ARTICLE V - DEFAULT AND TERMINATION

The failure of either party to comply with any provision of this Agreement shaH place thatparty at default. Prior to terminating this Agreement, the nondefaulting party shall notify thedefaulting party in writing. Written notice shall be via U.S. Mail, first class mail, postageprepaid, by certified mail, return receipt requested. The notification shall make specific referenceto the provision which gave rise to the default. The defaulting party shall then be entitled to aperiod of ten (10) days in which to cure the default. In the event said default is not cured withinthe ten (10) day period, the Agreement may be tenninated. The failure of either party to exercisethis right shall not be considered a waiver of such right in the event of any further default ornoncompliance. Upon default and termination as provided in this Article, the Planning Councilshall be reimbursed for all of its actual costs incurred in providing services hereunder thisAgreement as the same are defined in Article II of this Agreement and all finished or untinisheddocuments and other materials prepared by the Planning Council pursuant to this Agreementsha! 1become the property of the Purchaser.

Page 2 of4

ARTICLE VI - NONDISCRIMfNATJON

In carrying out the vvork of this Agreement. the Planning Council shall not discriminateagainst 3ny empJoy!ee or applicant for employment because of race, creed. color. sex, nationalorigin or handicapped status. The Plarming COWlcil shall take atTirmative action to ensure thatapplicants are employed and that employees are treated during employment. without regard Lotheir race, creed, color, sex, national origin or handicapped status. Such action shall include, butnot be limited to the following: employment, upgrading, demotion, or transfer; recruitment orrecruitment advertising, layoff or termination; rates of payor other forms of compensation; andselection for training, including apprenticeship. The Plano.ing Council agrees to post inconspicuous places, available to employees and applicants for employment, notices setting forththe provisions of Ihis non-discrimination clause. The Planning Council shall, in all solicitationsor advertisements for employees placed by or on behalf of the Planning Council, state that it is anEqual Opportunity/Affirmative Action Employer. The Planning Council shall incorporate theforegoing requirement of this paragraph in all subcontracts for services covered by thisAgreement.

ARTICLE VII - LIABILITY

The Planning Council hereby agrees to hold harmless the Purchaser, to the extent allowedand required by law, from all claims, demands, liabilities and suits of third persons or entities nota party to this Agreement arising out of, or due to any acl, occurrence, or omission of thePlanning Council, its subcontractors or agents, if any, that is related to the Planning Council'sperformance Wlder this Agreement.

ARTICLE VIII - ASSIGNABILITY

The Planning Council shall not assign any interest in this Agreement and shall nottransfer any interest in the same (whether by assignment or novation), without the prior consentof the Pillchaser.

ARTICLE IX - REPRESENTATIVES FOR THE PARTIES

In all matters relating to the performance of this Agreement, the County Manager of thePurchaser shall represt:nt and act for the Purchaser and the Executive Director of the PlanningCouncil shall represent and act for the Planning Council.

ARTICLE X - VENUE AND .1URISDICTlON FOR LITIGATION BETWEEN THE PARTIES

This Agreement shall be construed according to the laws of the State of Florida. Venueshall be exclusively in Columbia County, Florida for all litigation between the parties and allissues litigated between the parties shall be litigated exdusi vely in a court of competentjurisdiction of Columbia County, Florida. If any provision hereof is in conOict with anyapplicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed nulland void to the extent of such contlict, and shall be deemed sc:vcrahle. hut shall not invalidateany other provision tll'tht: :\greeml'nt.

Page 3 of4

.... CI

:\RTICLE XI - AMEND~1ENT OF AGREEMENT

The Planning Council and the Purchaser by mutual agreement may amend. extend. ormodit)! this Agreement. Any such modification sh:J.11 be mutually agreed upon by and betweenthe Planning Council am.I Purchaser and shall be incorporated in a ""Tinen amendment to thisAgreement, duly signed by both parties.

ARTICLE XII - COMPLETE CONTRACT

This Agreement. including Appendix A. Scope of Services, of this Agreement, which isincorporated by reference herein and considered as an integral part of this Agreement, constitutesthe entire contract bct\\cen the parties, and any changes, amendments. or modifications hereofshall be void lIDless the same are reduced to writing and signed by the parties hereto.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executedby their undersigned officials as duly authorized on the date first above ..vritten.

COLUMBLA COUNTY

Attest:

Seal

Seal

P. DeWitt CasonCOWlty Clerk

Attest:

Elizabeth PorterChair

NORTH CENTRAL FLORIDAREGIONAL PLANNfNG COUNCIL

Page 4 of 4

APPENDrX A

SCOPE OF SERV[CES

FOR THE

FISCAL YEAR 2008

LOCAL GOVERNTvJENT COMPREHENSIVE PLANNfNG SERVICES AGREEMENT

The following services \-vill be provided by the Planning Council to the Purchaser.

I. General Technical Assistance - conducling research, answering questions and assistingwith comprehensive plan and land development regulations interpretations;

II. Amendment Assistance - preparing public notices, draft ordinances, data and analysis andconcurrency review for comprehensive plan lext and map and land developmentregulations text and zoning map amendments: and

m. Development Review Assistance - reviewing site and development plans, subdivisionplats and other development proposals for comprehensive plan and land developmentregulations compliance.

A-I

COLUMBIA COUNTY BOARD OF COUNTY COMMISSIONERSPOST OFFICE BOX 1529

LAKE CITY, FLORIDA 32056-1529

CONSENT AGENDA

OCTOBER 4, 2007

(1) Invoice - Darabi and Associates, Inc. - Closed Landfill Monitoring- $17,617.71

(2) Invoice - Darabi and Associates, Inc. - Engineering Services Winfield Landfill - $19,083.27

(3) Invoice - Nabors, Giblin & Nickerson, P. A. - School Impact Fees $6,000.00

(4) Invoice - Nabors, Giblin & Nickerson, P.A. - Annual Solid Wasteand Local Roads Improvement Assessment Programs - $5,000.00

(5) Indigent Burial - Combs Funeral Home - Jacquelyn Marie Wright,Deceased - $500.00

(6) Acknowledgement of Receipt - Columbia County, Florida AnnualFinancial Report Fiscal Year Ending September 30, 2006

(7) Acknowledgement of Receipt - Columbia County IndustrialDevelopment Authority Annual Financial Report for the Fiscal YearEnding September 30, 2006

(8) Sheriff's Office - Request for Release of Funds - ContrabandForfeiture Trust Funds - Educational Video - $500.00

(9) Resolution - Approving State of Florida, Department ofTransportation - Reimbursement Agreement with Columbia

County, Florida to Facilitate Widening and Resurfacing ofCounty Road 349 from County Road 131 to County Road 245

(10) Resolution - Approving State of Florida, Deportment ofTransportation - Reimbursement Agreement with Columbia County,Florida to Facilitate Resurfacing of County Road 238/Elim ChurchRoad from State Road 47 to County Road 131

(11) Florida Department of Law Enforcement - Awarded the EdwardByrne Memorial Justice Assistance Grant to the Columbia CountyDrug Task Force - $40,016.00

(12) Utility Permit - Windstream Florida, Inc. - County Road 246(Cornith Road)

(13) Proclamation - Declaring the Month of November 2007 as EpilepsyAwareness Month

(14) Resolution - Designating October 10, 2007 as "PUT THE BRAKESON FATALITIES DAY" in Columbia County, Florida

(15) Agreement - Public Works/Florida Department of CorrectionsInteragency Agreement - Fiscal Year 2007-2008 - Inmate Crews Columbia Correctional Institution Work Camp

(16) Agreement - North Central Florida Regional Planning Council,Inc. /Columbia County - Local Government Comprehensive PlanningServices - Fiscal Year 2008 - $76,000.00

(17) Minute Approval - Board of County Commissioners - WorkshopMeeting - September 13, 2007

DATE:

DARASI AND ASSOCIATES, INC.P.O. Box J3741

Gainesville. Florida 32604Phone: 352-376-6533

Mr. Bill Lycan, DirectorColumbia County Solid Waste Dept.P.O. Box 1529Lake City, FL 32056

DESCRIPTION

INVOICE NO.: 07-300-02-08

September 19, 2007

STATEMENT PERIOD: Augus t 2007

RE: Closed Landfill t~onitoring

AMOUNT

Consulting engineering services for the quarterly gas monitoring,semiannual sampling, annual Financial Assurance and costestimate and long term care.

F. Darabi

Subconsultants

12.5 hrs @ $155.20/hr- $1,940.00

$15,677.71

~-_._---- -----~------+~------~

S17,f)17.71TOTAL THIS SIWNG PERIOD

~-_ .n-~nB_~:~_~ _._ _~-_=~__~~u__ _~P_A_S_T_:_:_~_;_:_~_o_:·_:_:-+ .. __~~-_._-_-_-_-..-._~_ToUI due in 30 (/,lyS. OVf~rJuc ,J(counts ~ubjeet to a service charge of 1'Yo per month.

~Yo-w

DAMSI AND ASSOCIATES. INC.P.O. Box 13741

Gainesville. Florida 32604Phone: 352-376-6533

INVOICE NO.: 07-300-03-09

DATE: September 19, 2007

STATEMENT PERIOD: Augus t 2007

Mr. Bill Lycan, DirectorColumbia County Solid Waste Dept.P.O. Box 1529Lake City, FL 32056

RE: Winefield Landfill

DESCRIP710N AMOUNT

Consulting engineering services quarterly gas monitoring,financial assurance, semiannual compliance monitoring,Biennial report preparation, resampling. Review options forClass III.

F. Darabi 8.5 hrs @ $155.20/hr $1,319.20

Subconsultants

Subconsultants

$10,544.30

$4,721.97

},.,:

. i : ; "'i ~". S• '_ ';:-:•.:' ~ r "'t-

ENCO- A7H3019 $2,497.80

" {', ; ;'J.Ar, j' :." ... ~.~

___-~ (~VjfLJ_

-------------T-O-T-A-lTHIS BIWNG PERIOD 1-$-1-9-,-08-3-.-2-7-----_._-_._--

, '.

GRAND TOTAL

PAST DUE BALANCE---.------1---------,

._..._--j-_ .._.--.__ ..---

~-----...__.-._---_ .•._---~

rot<J1 due in 30 days Overdue ,lccounts wbjcct to a $crvlce chZlrgc of J% per month.

NABORS, GIDLIN & NICKERSON, P.A.1500 Mahan Drive

Suite 200Tallahassee, Florida 32308Telephone: (850) 224-4070

September 17, 2007

Invoice No.2I4-07J0419150 N

Lisa K. B. RobertsAssistant County ManagerP.O.Box 1529Lake City, FL 32056-1529

RE: School Impact Fees

PROFESSIONAL SERVICES

Lwnp Swn Fee Due this Invoice

Lump Sum Contract:

Contract Balance Remaining:

TOTAL DUE AND PAYABLE TONABORS, GIBLIN & NICKERSON, P.A.

$6,000.00

$12,000.00

$6,000.00

$6,000.00

NABORS, GIBLIN & NICKERSON, P.A.1500 Mahan Drive

Suite 200Tallahassee, Florida 32308Telephone: (850) 224-4070

September 24, 2007

Invoice No.214-07039 19141 N

Lisa K. B. RobertsAssistant County ManagerP.O.Box 1529Lake City, FL 32056-1529

RE: AnnuaJ Solid Waste and Local RoadsImprovement Assessment Programs (2007-08)

PROFESSIONAL SERVICES

Lump Sum Fee Due this Invoice

Lump Slim Contract:

Contract Balance Remaining:

TOTAL DUE AND PAYABLE TONABORS, GIBLIN & NICKERSON, P.A.

$5,000.00

$10,000.00

$0.00

$5.000.00

FPOM : (mISS FUtIERs:lL I-LI1E

September 24, 2007

FRX NO. :3867524357

Com6s J'unera[J{ome"The Caring Projessional.r;"

292 N.£. Washington StreetLake City, FI32055

(386) 752-4366

Sep. 2~ 2007 10:~5HM Pt

INDIGENT BURIAL INVOICE: S500.ooFOR: JacqoelyD Marie Wright

Columbia County Board ofCounty CommissionersPo3t Office Drawer 1529Lake City, Florida 32056-1529

Dear Commissioners:

Ms. Tamara Henderson, daughter ofJacquelyn Marie Wright has requested that theindigent burial fund ofS500.00 be paid to Combs Funeral Home fur the burial services ofher mother.

Sincerely,

Marquis Tumer, L.F.D.

Roald 01 County CommissionersColt1mbta Counly

Scrtember 24, 2007

Hoard of County CommissionersPost Office Box 1529Lake City. FIC1rida 32056

RE: Indigent Burial RequestJacquelyn Marie Wright1302 NE Bascom Norris DriveLake City. Florida 32055Expired: September 22. 2007

Dear Commissioners:

1 would like to request assistance from the County for burial of my mother who died onSeptember 22. 2007. I do not have any life insurance or any funds for burial.

Your consideration of this request would be greatly appreciated.

Sincerely.

,~(~t A_."- ,r---------- '--1/,

Tamara Henderson3822 NW Huntsboro StreetLake City. Florida 32055(3R6) 344-1003

...... , ,,:onf'f'Board of County CQfil , .<;

Columbia CO\lf\t~

2007

Honorable Elizabeth PorterChairwomanBoard of County CommissionersP. 0, Drawer 1529Lake City, FL 32056-1529

Dear Ms. Porter,

Pursuant to Florida Statutes 932.704 (3)(a), I am respectfully requesting the releaseof $ 500.00 from the Contraband Forfeiture Trust Funds, This will fund an educationalvideo (Mock DUI Crash) for use in schools, civic organizations, etc.

I assure you that, in my opinion, the aforementioned expenditure complies with theprovisions of Florida Statutes,

"~ Thanking you in advance.

Bill GooteeSheriff, Columbia County

-4 )

cc: Dale Williams, County CoordinatorClerk of Courts. Finance

m("::::a(("~,:"~: "'·jp'.Il 1 ll..:Jr'r,.~, ',' ,~ . r I" t

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COLUl\lBIA COUNTY, FLORIDARESOLUTION NO. 2007R-35

A RESOLUTION OF THE BOARD OF COUNTYCOMMISSIONERS OF COLUMBIA COUNTY, FLORIDAAPPROVING STATE OF FLORIDA, DEPARTMENT OFTRANSPORTATION, REIMBVRSEMENT AGREEMENTWITH COLUMBIA COUNTY, FLORIDA TO FACILITATEWIDENING AND RESURFACING OF COUNTY ROAD 349FROM CR 131 to CR 245

WHEREAS, Columbia County has the authority to enter into a Reimbursement

Agreement with the State ot'Florida, Department of Transportation, ("Department"); and

WHEREAS, Columbia County believes it is in the best interest to facilitate the

transportation project known as widening and resurfacing of County Road 349 from CR

131 to CR 245 in Columbia County. Florida, and to enter into a Reimbursement

Agreement for Financial Project 10 No. 211690-2-58-0 I.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTYCOMMISSIONERS OF COLUMBIA COUNTY, FLORIDA, as follows:

Section 1. Columbia County. Florida by and through its Board of County

Commissioners. approves the State of Florida, Department of Transportation,

Reimbursement Agreement as to Financial Project 10 No. 211690-2-58-0 I, a copy ot'

which is attached hereto and made a part hereof.

Section 2. The Chainnan of the Board of County Commissioners, together \vith any

other appropriate County officials. are authorized to execute the agreement on nehalf of

Columbia County. Florida.

UNANIMOUSL Y PASSED AND ADOPTED by the Board of County

Commissioners of Columbia County, Florida, at its regular session on October 4.2007.

BOARD OF' COUNTY COMMISSIONERSCOLUMBIA COUNTY, FLORIDA

By:---------Elizabeth Porter, Chairperson

ATTEST: _P. DeWitt Cason, Clerk of Court

(SEAL)

Financial Project No.: 211690-2-58-01Catalog of State Financial Assistance No.: 55009

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

SMALL COUNTY OUTREACH PROGRAM AGREEMENT(Project Administered by County)

This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OFTRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and COLUMBIA COUNTY,hereinafter referred to as the "COUI\lTY".

WITNESSETH

WHEREAS, the DEPARTMENT has the authority, under Section 334.044, Florida Statutes, to enterinto this Agreement; and

WHEREAS, the Small County Outreach Program has been created by Section 339.2818, FloridaStatutes, to provide funds to counties to assist small governments in resurfacing or reconstructing countyroads or in constructing capacity or safety improvements to county roads; and

WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibilityrequirements of said Section 339.2818, Florida Statutes; and

WHEREAS, the DEPARTMENT is willing to provide the COUNTY with financial assistanceunder Financial Project No, 211690-2-58-01 for widening and resurfacing of CR 349 from CR 131 toCR 245 in Columbia County, Florida, hereinafter referred to as the uPROJECT," in accordance withSection 339.2818, Florida Statutes; and

WHEREAS, the COUNTY by Resolution No. 2007R-35 dated the 4th day ofDc tober ,2007, a copy of which is attached hereto and made a part hereof, has authorized the Chairmanof its Board of Commissioners to enter into this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants, promises, and representationscontained herein, the parties agree as follows:

1. SERVICES AND PERFORMANCE

A. The COUNTY shall furnish the services with which to construct the PROJECT, Said PROJECTconsists of: widening and resurfacing of CR 349 from CR 131 to CR 245 in Columbia County, Florida andas further described in Exhibit A. attached hereto and made a part hereof,

B. The COUNTY shall be responsible for the construction of the PROJECT in accordance with allapplicable federal, state and local statutes, rules and regulations, including COUNTY'S standards andspecifications. The COUNTY shall be responsible for obtaining clearances/permits required for theconstruction of the PROJECT from the appropriate permitting authorities. Upon completion of thePROJECT, the COUNTY shall certify to the DEPARTMENT that the PRO.JECT has been completed inaccordance with the COUNTY'S standards and specifications.

C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of workbeing done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTYwith representatives of the DEPARTMENT.

D. The DEPARTMENT must approve any consultant and/or contractor scope of services prior toadvertising by the COUNTY. The DEPARTMENT'S approval must be obtained before selecting anyconsultant and/or contractor for the PROJECT. The COUNTY must certify that the consultant has beenselected in accordance with the Consultants' Competitive Negotiation Act (Section 287.055, Florida

Statutes). Contractor must be prequalifted by the DEPARTMENT as required by Section 2 of the StandanSpecification for Road and Bridge Construction (2000), as amended.

E. The COUNTY shall not sublet, assign or transfer any work under this Agreement without priolwritten consent of the DEPARTMENT.

F. All notices under this Agreement shall be directed to the following addresses:

TO DEPARTMENT:

Ms. Katrina Sadler, Planning ProgramsAdministratorDistrict Two PLEMO - Planning Dept.1109 South Marion AvenueLake City. Florida 32025

Ms. Kim Evans, District JPAJLAP CoordinatorDistrict Two PLEMO - Planning Dept.1109 South Marion AvenueLake City. Florida 32025

2. TERM

TO COUNTY:

The Honorable Elizabeth Porter, ChairColumbia County Board of CountyCommissionersPost Office Drawer 1529Lake City, FL 32056

Dale Williams, County ManagerColumbia County Administrative OfficePost Office Drawer 1529Lake City, FL 32056

A. The COUNTY shall commence the PROJECT activities subsequent to the execution of thisAgreement and shall perform in accordance with the following schedule:

a) Design to be completed on or before December 31,2007.b) Construction contract to be let on or before June 30,2008.c) Construction to be completed on or before December 31,2009.

B. This Agreement shall not be renewed. Any extension shall be in writing and executed by bothparties, and shall be subject to the same terms and conditions set forth in this Agreement.

3. COMPENSATION AND PAYMENT

A. The DEPARTMENT agrees to a maximum participa~on in the PROJECT [design, construction andconstruction engineering inspection services (CEI)] in the amount of One million, four hundred fifty sixthousand, four hundred fifty two dollars and no/1 00% ($1,456,452.00). The COUNTY agrees to bear allexpenses in excess of the DEPARTMENT'S participation.

B. The COUNTY shall submit one invoice (3 copies) plus supporting documentation required by theDEPARTMENT to the Project Manager for approval and processing:

X..- monthly, oronce the PROJECT has been accepted by the COUNTY and approved by theDEPARTMENT.

C. The COUNTY'S matching participation is in the form of:___ Funds equal to 25% of the project costs plus the remaining portion of the accepted bid

amount exceeding the DEPARTMENT'S participation.In-kind services equivalent to 25% of the project costs plus the remaining portion of theaccepted bid amount exceeding the DEPARTMENT'S participation as detailed in Exhibit

Combination of funds and in-kind services equivalent to 25% of the project costs plus theremaining portion of the accepted bid amount exceeding the DEPARTMENT'S

participation as detailed in Exhibit-A-.X The County has requested a waiver and waiver has been granted.

D. Payment shall be made only after receipt and approval of goods and services unless advancepayments are authorized by the DEPARTMENTS Comptroller under Section 334.044 (29), FloridaStatutes. Any provisions for an advance payment are provided in Exhibit A, attached and made a part ofthis Agreement.

E. The COUNTY will only be reimbursed for direct costs (this excludes general and administrativeoverhead). All costs charged to the PROJECT shall be supported by properly executed payrolls, timerecords, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of thecharges, Bills for fees or other compensation for services or expenses shall be submitted in detailsufficient for a proper preaudit and postaudit thereof, Bills for travel expenses specifically authorized bythis Agreement shall be submitted and paid in accordance with Section 112,061, Florida Statues.

F. The DEPARTMENT shall have the right to retain out of any payment due the COUNTY under thisAgreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by theCOUNTY on any other Agreement between the COUNTY and the DEPARTMENT.

G. The COUNTY must submit the final invoice to the DEPARTMENT within 180 days after the finalacceptance of the project. Invoices submitted after the 180-day time period will not be paid.

H. The DEPARTMENT'S obligation to pay under this Agreement is contingent upon an annualappropriation by the Legislature.

I. A Vendor Ombudsman has been established within the Department of Banking and Finance. Theduties of this individual include acting as an advocate for contractors/vendors who may be experiencingproblems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may becontacted at (850) 410-9724 or by calling the State Comptroller's HotJine. 1-800-848-3792.

J. Records of costs incurred under terms of this Agreement shall be maintained and made availableupon request to the DEPARTMENT at all times during the period of this Agreement and for three yearsafter final payment is made. Copies of these documents and records shall be furnished to theDEPARTMENT upon request. Records of costs incurred include the COUNTY'S general accountingrecords and the project records. together with supporting documents and records of the COUNTY and allsubcontractors performing work on the project, and all other records of the COUNTY and subcontractorsconsidered necessary by the DEPARTMENT for a proper audit of costs.

K. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, orenter intoany contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted asavailable for expenditure during such fiscal year. Any contract, verbal or written, made in violation of thissubsection is null and void, and no money may be paid on such contract. The DEPARTMENT shallrequire a statement from the Comptroller of the DEPARTMENT that funds are available prior to enteringinto any such contract or other binding commitment of funds. Nothing herein contained shall prevent themaking of contracts for periods exceeding one year, but any contract so made shall be executory only forthe value of the services to be rendered or agreed to be paid for in succeeding fiscal years.

L. A person or affiliate who has been placed on the convicted vendor list following a conviction for apublic entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building orpublic work, may not submit bids on leases of real property to a public entity, may not be awarded orperform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entityand may not transact business with any public entity in excess of the threshold amount provided in Section287.017, Florida Statutes. for Category Two for a period of 36 months from the date of being placed on theconvicted vendor list.

M. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid ona contract to provide any goods or services to a public entity, may not submit a bid on a contract with apublic entity for the construction or repair of a public building or public work, may not submit bids on leasesof real property to a public entity, may not be awarded or perform work as a contractor, supplier,subcontractor, or consultant under a contract with any public entity, and may not transact business withany public entity.

4. INDEMNITY AND INSURANCE

A. a) To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby agrees toindemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employeesfrom all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of, because of, ordue to breach of this Agreement by the COUNTY, its officers, agents, employees,contractors/subcontractors, consultants/subcansultants or due to any negligent act or occurrence ofomission or commission of the COUNTY, its officers, agents, employees, contractors/subcontractors,consultants/subconsultants. Neither COUNTY nor any of its officers, agents, employees,contractors/subcontractors, consultants/subconsultants will be liable under this section forttle negligenceof the DEPARTMENT or any of its officers, agents or employees.

b) The COUNTY agrees to include the following indemnification in all contracts withcontractors/subcontractors, consultants/subconsultants, who perform work in connection with thisAgreement: "The contractor/consultant shall indemnify, defend, save and hold harmless theDEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands,liabilityof any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omissionor commission of the contractor, its officers, agents or employees.Neither the contractor/consultant, nor any of its officers, agents or employees will be liable under this

section for damages arising out of injury or damage to persons or property direcUy caused or resultingfrom the sole negligence of the DEPARTMENT or any of its officers, agents or employees."

B. LIABILITY INSURANCE: The COUNTY shall carry and keep in force during the period of thisAgreement a general liability insurance policy or policies with a company or companies authorized to dobusiness in Florida, affording pUblic liability insurance with combined bodily injury limits of at least$100,000 per person and $300,000 each occurrence, and property damage insurance of at least $50,000each occurrence, for the services to be rendered in accordance with this Agreement. In addition to anyother forms of insurance or bonds required under the terms of the agreement, when it includesconstruction within the limits of a railroad right-of-way, the COUNTY must provide or cause its contractor toprovide insurance coverage in accordance with Section 7-13 of the DEPARTMENTS StandardSpecification for Road and Bridge Construction (2000), as amended.

C. WORKER'S COMPENSATION: The COUNTY shall also carry and keep in force Worker'sCompensation insurance as required for the State of Florida under the Wor1<er's Compensation Law.

5. COMPLIANCE WITH LAWS

A. The COUNTY shall allow public access to all documents, papers, letters, or other material subjectto the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunctionwith this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediateunilateral cancellation of this Agreement by the DEPARTMENT.

B. The COUNTY shall comply with all federal, state and Jocallaws and ordinances applicable to thework or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex ornational origin in the performance of work under this Agreement.

C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, thejudicial branch, or a state agency_

D. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and subcontractors

are not agents of the DEPARTMENT as a result of this Agreement for purposes other than those set out inSection 337.274, Florida Statutes.

E. Recipients of state funds are to have audits done annually using the following criteria.

State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number,award number and year, and name of the awarding state agency.

In the event that a recipient expends $500,000 or more in State awards during its fiscal year, the recipientmust have a state single or program specific audit conducted in accordance with Section 215.97, FloridaStatutes, and Chapter 10.550, Rules of the Auditor General.

If a recipient expends less than $500,000 in State awards during its fiscal year, an audit conducted inaccordance with Section 215.97, Florida Statutes, and Chapter 10.550, Rules of the Auditor General is notrequired. If a recipient expends less than $500,000 in State awards during its fiscal year and elects tohave an audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.550, Rulesof the Auditor General, the cost of the audit must be paid from non-State funds.

Records related to unresolved audit findings, appeals, or litigation shall be retained until the action iscompleted or the dispute is resolved. Access to project records and audit work papers shall be given tothe FOOT, the Department of Financial Services, and the Auditor General. This section does not limit theauthority of the Department to conduct or arrange for the conduct of additional audits or evaluations ofstate financial assistance or limit the authority of any other state official.

Reporting Packages and management letters generated (rom audits conducted in accordance withSection 215.97, Florida Statutes, and Chapter 10.550, Rules of the Auditor General shall be submitted tothe awarding DEPARTMENT office, by the recipient, within 30 days of receiving it. The afore mentioneditems are to be received by the appropriate DEPARTMENT office no later than 9 months after the end ofthe recipient's fiscal year.

The recipient shall follow up and take corrective action on audit findings. Preparation of a summaryschedule of prior year audit findings, including corrective action and current status of the audit finding isrequired. Current year audit findings require corrective action and status of finding.

Project records shall be retained and available for at least 3 years from the date the audit report is issued.Records related to unresolved audit findings, appeals, or litigation shall be retained until the action iscompleted or the dispute is resolved. Access to project records and audit work papers shall be given tothe DEPARTMENT, the Office of the Comptroller, and the Office of the Auditor General.

The recipient shall submit required audit documentation as follows:

A Financial Reporting Package of audits conducted in accordance with Section 215.97, Florida Statutes,and Chapter 10.550, Rules of the Auditor General shall be sent to:

Auditor General's OfficeRoom 401, Pepper Building111 West Madison StreetTallahassee, FL 32399-1450

The Department of each of the following addresses:

Department of TransportationDistrict PLEMO Office - MS 2014Attn: Kim Evans. District JPNLAP Coordinator1109 South Marion AvenueLake City, Florida 32052

6. TERMINATION AND DEFAULT

A. This Agreement may be terminated by either party upon default by the other party. Further, this

Agreement may be terminated by the DEPARTMENT in whole or in part at any time the interest of theDEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek terminationor cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary orinvoluntary bankruptcy. The DEPARTMENT further reserves the right 10 terminate or cancel thisAgreement in the event an assignment is made for the benefit of creditors.

B. If the Agreement is terminated before performance is completed, the COUNTY shall be paid 75%of the work satisfactorily performed for which costs can be substantiated. Within ~days, the COUNTYshall refund to the DEPARTMENT the amount of payment received for the PROJECT which exceeds 75%of the COUNTY'S costs for the portion of Ihe PRO~IECT completed.

7. MISCELLANEOUS

A. All words used herein in the singular form shall extend to and include the plural. All words used inthe plural form shall extend to and include the singular. All words used in any gender shall extend to andinclude all genders.

B. The DEPARTMENT shall not be obligated or liable hereunder to any party not a party to thisAgreement.

C. In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute orbe construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may thenexist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any suchbreach or default shall exist shall in no way impair or prejudice any right or remedy available to theDEPARTMENT with respect to such breach or default.

D. This document incorporates and includes all prior negotiations. correspondence, conversations,agreements, or understandings applicable to the matters contained herein, and the parties agree thatthere are no commitments, agreements or understandings concerning the subject matter of thisAgreement that are not contained in this document. Accordingly, it is agreed that no deviation from theterms hereof shall be predicated upon any prior representation or agreements whether oral or written. It isfurther agreed that no modification, amendment or alteration in the terms or conditions contained hereinshall be effective unless contained in a written document executed with the same formality and of equaldignity herewith.

E. jf any part of this Agreement shall be determined to be invalid or unenforceable by a court ofcompetent jurisdiction or by any other legally constituted body having the jurisdiction to make suchdetermination, the remainder of this Agreement shall remain in full force and effect provided that the partof this Agreement thus invalidated or dec/ared unenforceable is not material to the intended operation ofthis Agreement.

F. This Agreement shall be govemed by and construed in accordance with the laws of the State ofFlorida. Venue of any judicial proceedings arising out of this Agreement shall be in Leon County, Florida,or as otherwise agreed to by the parties.

G. This Agreement shall be effective upon execution by both parties and shall continue in effect andbe binding on the parties until the PROJECT is completed and accepted and payment made by theDEPARTMENT.

Financial Project No. 211690-2-58-01Catalog of State Financial Assistance No.: 55009

IN WITNESS WHEREOF the COUNTY has caused this Agreement to be executed in its behalf thisday of Sept. 20 . 200'7 . by the Chairman of the Board of Commissioners. authorized to enter intoand execute same by Resolution Number 2007R-35 of the Board on the~ day of October ,2007 , and the DEPARTMENT has executed this Agreement through its District Secretary for District

Two, Florida Department of Transportation, this day of _


ATIEST:-::--:::-- (S EAL)CLERK

BY:CHAIRMAN, BOARD OFCOUNTY COMMISSIONERS


AnEST: (SEAL)EXECUTIVE SECRETARY

Legal Review:

GENERAL COUNSELDISTRICT TWO

BY: _

DISTRICT SECRETARYDISTRICT TWO

Availability of FundsApproval:

(Date)

Financial Project No.: 211690-2-58-01Catalog of State Financial Assistance No.: 55009

EXHIBIT "A"PROJECT DESCRIPTION AND RESPONSIBILITIES

This exhibit forms an integral part of that certain Joint Participation Agreement between the State ofFlorida Department of Transportation and tlle Columbia County Board of County Commissioners dated

PROJECT LOCATION:

The project is referred to as the widening and resurfacing of CR 349 from CR 131 to CR 245 in ColumbiaCounty, Florida.

PROJECT DESCRIPTION:

The project consists of widening and resurtacing the existing roadway as follows:

- Development of design plans;- Bid and award;- Construction;- Construction Engineering and Inspection; and- Contingency - 10% for unforeseen work.

AGENCY RESPONSIBILITIES:

The Agency is required to provide a copy of the design plans for the Department's file.

If Right-of-Way activities become apparent. begin coordination with the Department at once.

The Department's maximum participation is not to exceed $1,456,452.00.

COLUMBIA COUNTY, FLORIDARESOLUTION NO. 2007R-36

A RESOLUTION OF THE BOARD OF COUNTYCOMMISSIONERS OF COLUMBIA COUNTY, FLORIDAAPPROVING STATE OF FLORIDA, DEPARTMENT OFTRANSPORTATION, REIl\IBURSEMENT AGREEl\IENTWITH COLUMBIA COUNTY, FLORIDA TO FACILITATERESURFACING OF COUNTY ROAD 238IELIM CHURCH ROADFROM SR 47 to CR 131

\VHEREAS, Columbia County has the authority to enter into a Reimbursement

Agreement with the State of Florida, Department of Transportation, ("Department"); and

\VHEREAS, Columbia County believes it is in the best interest to facilitate the

transportation project known as resurfacing of County Road 2J8/Elim Church Road From

SR 47 to CR 13\ in Columbia County, Florida, and to enter into a Reimbursement

Agreement for Financial Project lD No. 417313-2-58-0 I.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTYCOMMISSIONERS OF COLUMBIA COUNTY, FLORIDA, as follows:

Section 1. Columbia County, Florida by and through its Board of County

Commissioners, approves the State of Florida. Department of Transportation,

Reimbursement Agreement as to Financial Project ID No. 417313-2-58-0 \, a copy of

which is attached hereto and made a part hereof.

Section 2. The Chaim1an of the Board of County Commissioners, together with any

other appropriate County officials, are authorized to execute the agreement on behalf of

Columbia County. FloriJa.

lINANlMOUSLY PASSED AND ADOPTED by the Board of County

Commissioners of Columbia County, Florida, at its regular session on October 4,2007.

BOARD OF COUNTY COMMISSIONERSCOLUMBIA COUNTY, fLORJDA

By:~-~------------

Elizabeth Porter. Chairperson

ATTEST: _P DeWitt Cason, Clerk of Court

(SEAL)

~"Florida Department of Transportation

1109 South Marion Avenue • MS 2014Lake City, FL 32025-5874

STEPHA.'lIE C. KOPELOUSOSSECRET.... RV

,/ ,~ : <-

August 31, 2007

CH,\RLlE CRISTCOVER."IOR

ql~o~~~~The Honorable Elizabeth Porter, ChairColumbia County Board of County CommissionersPost Office Drawer 1529Lake City, FL 32056

Subject: Small County Road Assistance ProgramREIMBURSEMENT AGREEMENTResurfacing of CR 238 I Elim Church RoadFrom SR 47 to CR 131Financial Project 10: 417313-2-58..01

Dear Chair Porter:

EncJosed for execution are three (3) copies of the Reimbursement Agreement to resurface CR238/ EHm CI1urch Road from SR 47 to CR 131 in Columbia County, Florida. This Agreementdetails the terms and conditions for construction of the subject improvements which ColumbiaCounty will undertake. Please do not date the Agreement on Page 1 as other approvals must besecured prior to establishing the execution date.

In addition to executing the attached Agreement, a resolution must be adopted and a certifiedcopy attached to each copy of the Agreement.

Please remember that Columbia County is responsible for bearing all expenses in excess of theamount the Department agrees to participate ($900,900.00). Also, please provide a copy of thedesign plans for our files.

Your assistance in securing execution is appreciated. Should you have questions or needadditional information, I can be reached at 1-8QO..749-2967, Extension 7402.

Sincerely,/

,', J I /. (', . ,"/rt.:!I"i "II:., I

Katrina SadlerPlanning Programs Administrator

KS:keEnclosures

cc: Mr. Dale Williams, County Manager

www.dot..stateJl.us

Financio.l Project No.: 417313-2-58-01Catalog of State Financial Assistance No.: 55016

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIONSMALL COUNTY ROAD ASSISTANCE AGREEMENT

This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OFTRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and COLUMBIA COUNTY,hereinafter referred to as the "COUNTY".

WITNESSETH

WHEREAS, the DEPARTMENT has the authority, under Section 334.044, Florida Statutes,to enter into this Agreement; and

WHEREAS, the Small County Road Assistance Program has been created by Section339.2816, Florida Statutes, to assist small county governments in resurfacing or reconstructingcounty roads; and

WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibilityrequirements of said Section 339.2816, Florida Statutes; and

WHEREAS, the DEPARTMENT is willing to provide the COUNTY with financial assistance,under FM No. 417313-2-58-01, for costs directly related to the resurfacing or reconstruction of CR238/ Elim Church Road from SR 47 to CR 131 in Columbia County, Florida, hereinafter referred toas the PROJECT; and

WHEREAS, the COUNTY by Resolution No. 2007R-36 dated the~ day ofOCtober, 2007, a copy of which is attached hereto and made a part hereof, has authorized theChairman of its Board of Commissioners to enter into this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants, promises andrepresentations contained herein, the parties agree as follows:

1·SERVICES AND PERFORMANCE

A. The COUNTY shall furnish the seNices with which to construct the PROJECT. SaidPROJECT consists of resurfacing CR 238/ Elim Church Road from SR 47 to CR 131 in ColumbiaCounty, Florida.

B. The COUNTY agrees to undertake the construction of the PROJECT in accordancewith all applicable federal, state and local statutes, rules and regulations, including COUNTY'sstandards and specifications. The COU NTY shall be responsible for obtaining clearances/permitsrequired for the construction of the PROJECT trom the appropriate permitting authorities. Uponcompletion of the PROJECT, the COUNTY shall certify to the DEPARTMENT that the PROJECThas been completed in accordance with the COUNTY's standards and specifications.

C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to thestatus of work being done by the COUNTY and of the details thereof. Coordination shall bemaintained by the COUNTY with representatives of the DEPARTMENT.

D. i) The DEPARTMENT must approve any consultant and/or contractor scope ofservices prior to advertising by the COUNTY. All work to be performed under this Agreement to be inaccordance with the requirements listed in 1B hereinabove.

ii) The DEPARTMENT's approval must be obtained before selecting anyconsultant and/or contractor for the PROJECT. The COUNTY must certify that the consultant hasbeen selected in accordance with the Consultants' Competitive Negotiation Act (Section 287.055,Florida Statutes). Contractor must be prequalified by the DEPARTMENT as required by Section 2of the Standard Specification for Road and Bridge Construction (2000), as amended.

E. The COUNTY shall not sublet, assign or transfer any work under this Agreementwithout prior written consent of the DEPARTMENT.

F. All notices under this Agreement shall be directed to the following addresses:

TO DEPARTMENT: TO COUNTY:

Ms. Katrina Sadler, Planning Programs The Honorable Elizabeth Porter, ChairAdministrator Columbia County Board of County CommissionersDistrict Two PLEMO - Planning Dept. Post Office Drawer 15291109 South Marion Avenue Lake City, FL 32056Lake City, Florida 32025

Ms. Kim Evans, District JPAlLAP Coordinator Dale Williams, County ManagerDistrict Two PLEMD- Planning Dept. Columbia County Administrative Office1109 South Marion Avenue Post Office Drawer 15929Lake City, Florida 32025 Lake City, FL 32056

2-TERM

A. The COUNTY shall commence the PROJECT activities subsequent to the executionof this Agreement and shall be performed in accordance with the following schedule:

a) Construction contract to be let on or before June 30, 2008.b) Construction to be completed on or before December 31,2009.

B. This Agreement shall not be renewed. Any extension shall be requested by theCOUNTY In writing and executed by both parties, and shall be subject to the same terms andconditions set forth in this Agreement. It is incumbent upon the COUNTY to prosecute this work inan efficient and timely manner to avoid cost escalation, funding issues etcetera.

3-COMPENSATION AND PAYMENT

A. i) The DEPARTMENT agrees to a maximum participation in the PROJECT[design, construction and construction engineering inspection services (CEI)] in the amount of Ninehundred thousand, nine hundred dollars and no/1 00 ($900,900.00).

ii) The DEPARTMENT may make payment after receipt of invoice from the COUNTYonce the PROJECT has been accepted by the COUNTY and approved by the DEPARTMENT. TheCOUNTY shall submit one invoice (3 copies) plus supporting documentation required by theDEPARTMENT to Ms. Kim Evans, District JPAJLAP Coordinator, at the address stated in paragraph1F, for approval and processing. In the event the COUNTY proceeds with the design, constructionand construction engineering inspection services (GEl) of the PROJECT with its own forces, theCOUNTY will only be reimbursed for direct costs (this excludes general and administrativeoverhead).

iii) All costs charged to the PROJECT shall be supported by properly executedpayrolls. time records, invoices, contracts or vouchers evidencing in proper detail the nature andpropriety of the charges.

B. The DEPARTMENT shall have the right to retain out of any payment due theCOUNTY under this Agreement an amount sufficient to satisfy any amount due and owing to theDEPARTMENT by the COUNTY on any other Agreement between the COUNTY and theDEPARTMENT.

C. Payment shall be made only after receipt and approval of goods and services unlessadvance payments are authorized by the State Comptroller under Section 215.422(14), FloridaStatutes.

D. If this contract involves units of deliverables, then such units must be received andaccepted in writing by the Contract Manager prior to payments.

E. Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b),Florida Statutes.

F. Bills for fees or other compensation for services or expenses shall be submitted indetail sufficient for a proper preaudit and postaudit thereof.

G. Bills for travel expenses specifically authorized by this Agreement shall be submittedand paid in accordance with Section 112.061, Florida Statutes.

H. A Vendor Ombudsman has been established within the Department of Banking andFinance. The duties of this individual include acting as an advocate for contractors/vendors whomay be experiencing problems in obtaining timely payments(s) from a state Agency. The VendorOmbudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline,1-800-848-3792.

I. Records of costs incurred under terms of this Agreement shall be maintained andmade available upon request to the DEPARTMENT at all times during the period of this Agreementand for three years after final payment is made. Copies of these documents and records shall befurnished to the DEPARTMENT upon request. Records of costs incurred includes the COUNTY'sgeneral accounting records and the PROJECT records, together with supporting documents andrecords of the COUNTY and all subcontractors performing work on the PROJECT, and all otherrecords of the COUNTY and subcontractors considered necessary by the DEPARTMENT for aproper audit of costs.

J. The DEPARTMENT, during any fiscal year, shall not expend money, incur anyliability, or enter into any contract which, by its terms, involves the expenditure of money in excess ofthe amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal orwritten, made in violation of this subsection is null and void, and no money may be paid on suchcontract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENTthat funds are available prior to entering into any such contract or other binding commitment offunds. Nothing herein contained shall prevent the making of contracts for periods exceeding oneyear, but any contract so made shall be executory only for the value of the services to be renderedor agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performanceand obligation to pay under this Contract is contingent upon an annual appropriation by theLegislature.

K. A person or affiliate who has been placed on the convicted vendor list following aconviction for a public entity crime may not submit a bid on a contract to provide any goods orservices to a public entity, may not submit a bid on a contract with a public entity for the constructionor repair of a public building or public work, may not submit bids on leases of real property to apublic entity, may not be awarded or perform work as a contractor, supplier, subcontractor, orconsultant under a contract with any public entity and may not transact business with any publicentity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category

Two for a period of 36 months from the date of being placed on the convicted vendor list.

L. An entity or affiliate who has been placed on the discriminatory vendor list may notsubmit a bid on a contract to provide any goods or services to a public entity, may not submit a bidon a contract with a pUblic entity for the construction or repair of a public building or public work, maynot submit bids on leases of real property to a public entity, may not be awarded or perform work asa contractor, supplier, subcontractor, or consultant under a contract with any public entity, and maynot transact business with any public entity.

4-INDEMNITY AND INSURANCE

A. i) To the extent allowed by Section 768.28, Florida Statutes, the COUNTYhereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of itsofficers, agents or employees from all suits, actions, claims, demands, liabilities of any naturewhatsoever arising out of, because of, or due to breach of this Agreement by the COUNTY, itsofficers, agents, employees, contractors/subcontractors, consultants/subconsultants or due to anynegligent act or occurrence of omission or commission of the COUNTY, its officers, agents,employees, contractors/SUbcontractors, consultantslsubconsultants. Neither COU NTY nor any of itsofficers, agents, employees, contractors/subcontractors, consultants/subconsultants will be liableunder this section for the negligence of the DEPARTMENT or any of its officers, agents oremployees.

ii) The COUNTY agrees to include the following indemnification in all contractswith contractors/subcontractors, consultants/subconsultants, who perform work in connection withthis Agreement:

"The contractor/consultant shall indemnify, defend, save and hold harmless theDEPARTMENT and all of its officers, agents or employees from all suits, actions, claims,demands, liability of any nature whatsoever arising out of, because of, or due to anynegligent act or occurrence of omission or commission of the contractor, its officers, agentsor employees. Neither the contractor/consultant, nor any of its officers, agents or employeeswill be liable under this section for damages arising out of injury or damage to persons orproperty directly caused or resulting from the sole negligence of the DEPARTMENT or anyof its officers, agents or employees:

B. LIABILITY INSURANCE. The COUNTY shall carry and keep in force during theperiod of this Agreement a general liability insurance policy or policies with a company or companiesauthorized to do business in Florida, affording public liability insurance with combined bodily injurylimits of at least $100,000 per person and $300,000 each occurrence, and property damageinsurance of at least $50,000 each occurrence, for the services to be rendered in accordance withthis Agreement. In addition to any other forms of insurance or bonds required under the terms of theagreement, when it includes construction within the limits of a railroad right-of-way, the COUNTYmust provide or cause its contractor to provide insurance coverage in accordance with Section 7-13of the DEPARTMENT's Standard Specification for Road and Bridge Construction (2000), asamended.

C. WORKER'S COMPENSATION. The COUNTY shall also carry and keep in forceWorker's Compensation insurance as required for the State of Florida under the Worker'sCompensation Law.

5·COMPLIANCE WITH LAWS

A. The COUNTY shall allow public access to all documents, papers, letters, or other materialsubject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY inconjunction with this Agreement. Failure by the COUNTY to grant such public access shall begrounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT.

B. The COUNTY shall comply with all federal, state and local laws and ordinances applicable tothe work or payment for work thereof, and shall not discriminate on the grounds of race, color,religion, sex or national origin in the performance of work under this Agreement.

C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature,the judicial branch, or a state agency.

D. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, andsubcontractors are not agents of the DEPARTMENT as a result of this Agreement for purposesother than those set out in Section 337.274, Florida Statutes.

E. Recipients of state funds are to have audits done annually using the following criteria.

State awards will be identified using the Catalog of State Financial Assistance (CSFA) title andnumber, award number and year, and name of the awarding state agency.

In the event that a recipient expends $500,000 or more in State awards during its fiscal year, therecipient must have a state single or program specific audit conducted in accordance with Section215.97, Florida Statutes, and Chapter 10.550, Rules of the Auditor General.

If a recipient expends less than $500,000 in State awards during its fiscal year, an audit conductedin accordance with Section 215.97, Florida Statutes, and Chapter 10.550, Rules of the AuditorGeneral is not required. If a recipient expends less than $500,000 in State awards during its fiscalyear and elects to have an audit conducted in accordance with Section 215.97, Florida Statutes, andChapter 10.550, Rules of the Auditor General, the cost of the audit must be paid from non-Statefunds.

Records related to unresolved audit findings, appeals, or litigation shall be retained until the action iscompleted or the dispute is resolved. Access to project records and audit work papers shall begiven to the FOOT, the Department of Financial Services, and the Auditor General. This sectiondoes not limit the authority at the Department to conduct or arrange tor the conduct of additionalaudits or evaluations of state financial assistance or limit the authority of any other stale official.

Reporting Packages and management letters generated from audits conducted in accordance withSection 215.97, Florida Statutes, and Chapter 10.550, Rules ot lhe Auditor General shall besubmitted to the awarding DEPARTMENT office, by the recipient, within 30 days of receiving it. Theafore mentioned items are to be received by the appropriate DEPARTMENT office no later than 9months after the end of the recipient's fiscal year.

The recipient shall follow up and take corrective action on audit findings. Preparation of a summaryschedule of prior year audit findings, including corrective action and current status of the auditfinding is required. Current year audit findings require corrective action and status of finding.

Project records shall be retained and available for at least 3 years from the date the audit report isissued. Records related to unresolved audit findings, appeals. or litigation shall be retained until theaction is completed or the dispute is resolved. Access to project records and audit work papersshall be given to the DEPARTMENT, the Office of the Comptroller, and the Office of the AuditorGeneral.

The recipient shall submit required audit documentation as follows:

A Financial Reporting Package of audits conducted in accordance with Section 215.97, FloridaStatutes, and Chapter 10.550, Rules of the Auditor General shall be sent to:

Auditor General's OfficeRoom 401, Pepper Building111 West Madison StreetTallahassee, FL 32399-1450

The Department of each of the following addresses:

Department of TransportationDistrict PLEMO Office - MS 2014Attn: Kim Evans, District JPAlLAP Coordinator1109 South Marion AvenueLake City, Florida 32052

6-TERMINATION AND DEFAULT

A. This Contract may be canceled by the DEPARTMENT in whole or in part at any timethe interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves theright to seek termination or cancellation of this Agreement in the event the COUNTY shall be placedin either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right toterminate or cancel this Agreement in the event an assignment be made for the benefit of creditors.This Contract may be canceled by the COUNTY upon (60) days written notice to theDEPARTMENT.

B. If the DEPARTMENT determines that the performance of the COUNTY is notsatisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement,or (b) notifying the COUNTY of the deficiency with a requirement that the deficiency be correctedwithin a specified time, otherwise the Agreement will be terminated at the end of such time, or (c)take whatever action is deemed appropriate by the DEPARTMENT.

C. If the DEPARTMENT requires termination 01 the Agreement for reasons other thanunsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of suchtermination, with instructions to the eHective date of termination or specify the stage of work at whichthe Agreement is to be terminated.

D. If the Agreement is terminated before performance is completed. the COUNTY shallbe paid only for that work satisfactorily performed for which costs can be substantiated. Suchpayment, however, may not exceed an amount which is the same percentage of the contract priceas the amount of work satisfactorily completed is a percentage of the total work called for by thisAgreement. All work in progress will become the property of the DEPARTMENT and will be turnedover promptly by the COUI\lTY.

7~MISCELLANEOUS

A. All words used herein in the singular form shall extend to and include the plural. Allwords used in the plural form shall extend to and include the singular. All words used in any gendershall extend to and include all genders.

B. The DEPARTMENT shall not be obligated or liable hereunder to any party other thanthe COUNTY.

C. In no event shall the making by the DEPARTMENT of any payment to the COUNTYconstitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or anydefault which may then exist, on the part of the COUNTY, and the making of such payment by theDEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice anyright or remedy available to the DEPARTMENT with respect to such breach or default.

D. This document incorporates and includes all prior negotiations, correspondence,conversations, agreements, or understandings applicable to the matters contained herein, and theparties agree that there are no commitments, agreements or understandings concerning the subjectmatter of this Agreement that are not contained in this document. Accordingly, it is agreed that nodeviation from the terms hereof shall be predicated upon any prior representation or agreementsWhether oral or written. It is further agreed that no modification, amendment or alteration in the termsor conditions contained herein shall be effective unless contained in a written document executedwith the same formality and of equal dignity herewith.

E. If any part of this Agreement shall be determined to be invalid or unenforceable by acourt of competent jurisdiction or by any other legally constituted body having the ju risdiction tomake such determination, the remainder of this Agreement shall remain in full force and effectprovided that the part of this Agreement thus invalidated or declared unenforceable is not material tothe intended operation of this Agreement.

F. This Agreement shall be governed by and construed in accordance with the laws ofthe State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be inLeon County, Florida.

G. This Agreement shall be effective upon execution by both parties and shall continuein eHect and be binding on the parties until the PROJECT is completed and accepted and paymentmade by the DEPARTMENT.

IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in itsbehalf this 20tbdayof Septelllber , 2007, by the Chairman of the Board of Commissioners,authorized to enter into and execute same by Resolution Number 2007R-36 of the Board on the~ day of October ,200~ and the DEPARTMENT has executed this Agreement through itsDistrict Secretary for District Two, Florida Department of Transportation, this day of


CHAIRMAN, BOARD OFCOUNTY COMMISSIONERS

BY:'------------::----ATIEST: (SEAL)CLERK


ATIEST: (SEAL)EXECUTIVE SECRETARY

BY:--------------DISTRICT SECRETARYDISTRICT TWO

DISTRICT TWO GENERAL COUNSEL REVIEW:

DATE: _

Availability of FundsApproval:, _Da!e: _

CSFA State Fiscal Year 2007-2008CSFANumber:

State ProjectTitle:

Agency:

Program:

Budget Entity:

SpecificAppropriation:

AppropriationCategory:

Related CFDACode:

Authorization:

ObJectives:

Types OfAssIstance:

ApplicantType:

Restrictions:

55.016

SMALL COUNTY ROAD ASSISTANCE PROGRAM

Department of Transportation

55150200 - Transportation Systems Operations

55100200 - Highway Operations

GAA 2018

085575 and 088797

Section 339.2816, Florida Statutes

To assist small county governments In resurfacing or reconstructing county roads.

Cooperative Agreements

Local Government

Eligible counties must have a populatIon of 75,000 or less according to the 1990 federal censusdata. In addition, they are elIgible only if, at a minimum, the county has enacted the max/mullrate of the local option fuel tax authorized by Section 336.025( 1)(a) and has imposed an advalorem millage rate of at least 8 mills; or the county has Imposed an ad valorem millage rate c10 mills.

Procedures:

PreApplicationNotice:

ApplicationProced ures:

AwardProcedures:

Deadlines:

Other:

InformationContact:

Web Address:

AssociatedSubjects:

N/A

Counties are to submit candidate projects to the appropriate district office. More Informationmay be obtained from the INFORMATION CONTACT listed below.

The districts review the submitted projects, observe the proposed area, assess the work thatneeds to be done, develop preliminary estimates, and submit their analysis to the StatePavement Management Office. All projects are then evaluated for statewide prioritization.

Counties are to submit their requests by May 1.

Beginning with fiscal year 1999-2000 until 2009-2010, up to $25 million annually from the StateTransportation Trust Fund may be used for the purposes of funding this program.

Department of TransportationPavement Management Office605 Suwannee Street, Mail Station 70Tallahassee, FL 32399-0450Phone: (850) 414-4375 SUNCOM: 994-4375

www.dot.state.fl.us/progra mdevelopmentofficejDevelopment/small_co Jd~assistance_prog.shtm

Infrastructure

Road Maintenance and Construction

State of FloridaOffice of CrIminal Justice Grants

Florida Department of Law Enforcement2331 Phillips Road

TallaMassge, Florida 32308

CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD

The subgrantee, through its authorized representative. acknowledges receipt andacceptance of subgrant award number 2008-JAGC-COLU-2-Q9-196, in the amountof $ 40,016,00, for a project entitled, COLUMBIA COUNTY DRUG TASK FORCE, forthe period of 10/01/2007 through 09/30/2008. to be implemented in accordance withthe approved subgrant application, and SUbject to the Florida Department of LawEnforcement's Standard Conditions and any special conditions governing thissubgrant.

1,..' l' l I' -'- ' t·.•. , f.\ .( 'I"~ t".11 : . , :c", . 'I.~.\_

(Signature of'Subgrantee:s Authorized Official)

( I I .. I·\ '\ I '.l \ \.t 1\·\ I . J • \ '. i.

(Name of Subgrantee)

(Date1of Acceptance)

., .,'" "

'I '\ '

,I

(

Rule Reference 110-9.006 OCJG-012 (Rev. October 2005)

The Honorable Elizabeth PorterPage Two

We look forward to working with you on this project. If we can be of further assistance,please contact Janice Parish at 850/617-1250.

Sincerely,

~~,Bd~~Administrator

CHW/JP/th

Enclosures

State of FloridaOffice of Criminal Justice Grants

Florida Department of Law Enforcement2331 Phillips Road

Tallahassee, Florida 32308

SUBGRANT AWARD CERTIFICATE

SUbgrantee: Columbia County Board of Commissioners

Date of Award: '1'- JD~ 0 7

Grant Period: From: 1010112007 TO: 0913012008

Project Title: COLUMBIA COUNTY DRUG TASK FORCE

Grant Number: 2008-JAGC-COLU-2-Q9-196

Federal Funds: $ 40,016.00

State Agency Match:

Local Agency Match: $ 0.00

Total Project Cost: $ 40,016.00

State Purpose Area: 002: Multi-jurisdictional Task Force

CFDA Number: 16.738

Award is hereby made in the amount and for the period shown above of a subgrantunder TitJe I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the abovementioned subgrantee and subject to any attached or special conditions.

This award is subject to all applicable rules, regulations, and conditions as containedin the Financial and Administrative Guide for Grants, Guideline Manual 7100 1D,Office of Justice Programs, Common Rule for State and Local Governments and A87, or OMS Circulars A-110 or A-102, as applicable, and A-21, in their entirety. It isalso subject to such further rules, regulations and policies as may be reasonablyprescribed by the State or Federal Government consistent with the purposes andauthorization of P.L. 90-351, as amended, and P.L. 100-690.

SUBGRANT AWARD CERTIFICATE (CONTINUED)

This grant shall become effective on the beginning date of the grant period providedthat within 30 days from the date of award, a properly executed Certificate ofAcceptance of Subgrant Award is returned to the Department.

Clayton H. WilderAdministrator

LJ-Io-01Date

( ) This award is sUbject to special conditions (attached).

Attachment F

Warranties and Representations

Financial Management

Recipient's financial management system shall provide for the following:

(1) Accurate, current and complete disclosure of the financial results of this project or program

(2) Records thalldentify adequately the source and application of funds for all activities. These

records shall contain infonmatlon 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 adequately safeguard all such 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 infonmation should be related lo performance and unit cost data.

(5) Written procedures for detenmining the reasonableness, allocability and allowability of costs

in accordance with the provisions of the applicable cost principles and the tenms and

conditions of this grant.

(6) 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 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 perfonmance and eliminate unfair competitive advantage, contractors that

34

develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for

proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder

or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient,

price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the

bidder or offeror shall fulfill in order for the bId or offer to be evaluated by the Recipient. Any and all bids

or offers may be rejected when it is in the Recipient's interest to do so.

Codes of conduct.

The Recipient shall maintain written standards of conduct governing the 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 herein, has a flnancial 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 such standards by officers,

employees, or agents of the recipient.

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.

35

Attachment G

Certification Regarding

Debarment, Suspension, Ineligibility

And Voluntary Exclusion

Contractor Covered Transactions

(1) The prospective contractor of the Recipient, , certifies, by

submission of this document, that neither it nor its principals is presently debarred, suspended.

proposed for debarment, dedared ineligible, or voluntarily excluded from participation in this

transaction by any Federal department or agency.

(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective

contractor shall attach an explanation to this form.

CONTRACTOR:

By: _

Signature

Name and Title

Street Address

City, State, Zip

Date

Recipient's Name

OEM Contract Number

36

Attachment H

Statement of Assurances

The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,

guidelines and requirements, including OMS Circulars No. A-21, A-110, A-122, A-128, A-87; EO. 12372

and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,

Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted

project. Also the Applicant assures and certifies that:

1. It will comply with requirements of the proVisions of the Uniform Relocation Assistance and Real

Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons

displaced as a result of Federal and federally-assisted programs.

2. It will comply with provisions of Federal law whIch limit certain political activities of employees of a

State or local unit of government whose principal employment is In connection with an activity financed in

whole or in part by Federal grants. (5 USC 1501, et seq.)

3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor

Standards Act.

4. It will establish safeguards to prohibit employees from usIng their positions for a purpose that Is or

gives the appearance of being motivated by a desire for private gain for themselves or others, particularly

those with whom they have family, business, or other ties.

5. It will give the sponsoring agency or the Comptroller General, through any authorized represenlative,

access to and the right to examine all records, books, papers, or documents related to the grant.

6. It will comply with all requirements imposed by the Federal sponsoring agency conceming special

requirements of law, program requirements, and other administrative requirements.

7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the

accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of

Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication

from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is

under consideration for listing by the EPA.

8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster

Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)

37

requires. on and after March 2, 1975, the purchase of flood insurance in communities where such

insurance is available as a condition for the receipt of any Federal financial assistance for construction or

acquisition purposes for use in any area that has been identified by the Secretary of the Department of

Housing and Urban Development as an area having special flood hazards. The phrase nFederal financial

assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster

assistance loan or grant, or any other form of direct or indirect Federal assistance.

9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic

Pres8Nation Act of 1966 as amende,d (16 USC 470), Executive Order 11593, and the Archeological and

Historical PreseNation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic

PreseNation Officer on the conduct of Investigations, as necessary, to identify properties listed in or

eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36

CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such

properties and by (b) complying with all requirements established by the Federal grantor agency to avoid

or mitigate adverse effects upon such properties.

10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable

provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the

Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the

provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for

Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations.

11. It will comply with the provisions of 28 CFR appllcabJe to grants and cooperative agreements

inclUding Part 18. Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part

22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence

Systems Operating Policies; Part 30, Intergovemmental Review of Department of Justice Programs and

Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,

Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management

and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance

Programs.

12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the

Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime

Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the

Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)

(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of

38

Justice Non-Discrimination Regulations, 28 CFR Part 42, SUbparts C,D,E, and G; and Department of

Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.

13. In the event a Federal or State court or Federal or State administrative agency makes a finding of

discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or

disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil

Rights, Office of Justice Programs.

14. It will provide an Equal Employment Opportunity Program jf required to maintain one, where the

application is for $500,000 or more.

15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,

1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of

the Coastal Barrier Resources System.

16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug

Free Workplace Act of 1988, and implemented at 28 CFR Part 67, SUbpart F, for grantees, as defined at

28 CFR Part 67 Sections 67.615 and 67.620.

39

WS-ER (5/07) Agreement No.:Accounting Code:

COOPERATIVE SERVICE AGREEMENTbetween

COLUMBIA COUNTY, BOARD OF COUNTY COMMISSIONERS (CCBCC)and

UNITED STATES DEPARTMENT OF AGRICULTUREANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

WILDLIFE SERVICES (WS)

ARTICLE I

The purpose of this Cooperative Service Agreement is to cooperate in a County/ Federalbeaver and coyote damage control program to provide the necessary technical andoperational assistance in identifying and controlling beaver and coyote damage inColumbia County.

ARTICLE 2

APHIS WS has statutory authority under the Act of March 2, 1931 (46 Stat. 1468; 7U .S.C.426-426b) a<; amended, and the Act of December 22, 1987 (10 I Stat. [329-331, 7U.S.c. 426c), to cooperate with States, local jurisdictions, individuals, public and privateagencies, organizations, and institutions while conducting a program of wildlife servicesinvolving mammal and bird species that are reservoirs for zoonotic diseases, or animalspecies that are injurious and/or a nuisance to. among other things, agriculture, horticulture,forestry, animal husbandry, wildlife, and human health and safety.

ARTICLE 3

APHIS-WS and CCBCC mutually agree:

J. The parties' authorized representatives who shall be responsible for carrying out theprovisions of this Agreement shall be:

CCBCC: Ron WilliamsColumbia County Board ofCuunty CommissionersP.O. box 1529Lake City, FL 32056-1529

WS: Bernice ConstantinUSDA, APHIS, WS2820 E. University Ave.Gainesville, FL 32641

2. To meet as determined necessary by either party to discuss mutual proh1faminterests, accomplishments, needs, technology, and procedures to maintain or amendthe Work Plan (Attachment A). Personnel authorized to attend meetings under thisAgreement shall be Ron Williams or his/her designee, the State Director or his/herdesignee, and/or those additional persons authorized and approved by Ron Williams,and the State Director.

3. APH rs-WS shall pertonn services more fu11y set forth in the Work Plan, which isattached hereto and made a part hereof. The parties may mutually agree in writing,at any time during the term of this Agreement, to amend, modify, add or deleteservices from the Work Plan.

ARTICLE 4

CCBCC agrees:

I. To authorize APHIS-WS to conduct direct control activities to reduce humanhealth and safety risks and property damage associated with beaver and coyote.These activities are defined in the Work Plan. APH [S-WS will be considered aninvitee on the lands controlled by CCBCC. CCBCC will be required to exercisereasonable care to warn APHIS-WS as to dangerous conditions or activities in theproject areas.

2. To reimburse APH IS- WS for costs of services provided under this Agreement upto but not exceeding the amount specified in the Financial Plan (Attachment B).CCBCC will begin processing for payment invoices submitted by APHIS-WSwithin 30 days of receipt. The Cooperator ensures and certities that it is notcurrently debarred or suspended and is free of delinquent Federal debt.

3. To designate to APHIS-WS the CCBCC authorized individual whoseresponsibility shall be the coordination and administration of activities conductedpursuant to this Agreement.

4. APHlS-WS shall be responsible for administration and supervision of theprogram.

5. All equipment purchase(! for the program is and will remain the property ofAPHIS-WS.

6. To coordinate with APHlS-WS before responding to all media requests.

7. To obtain the appropriate permits for removal activities for beaver and coyotes andlist USDA, APHIS, Wildlife Services as subperrnitees.

2

ARTICLE 5

APHIS-WS Agrees:

I. To conduct activities at CCBCC as described in the Work and Financial Plans.

2. Designate to CCBCC the authorized APHrS-WS individual who shall beresponsible for the joint administration of the activities conducted pursuant to thisAgreement.

3. To bill CCBCC for actual costs incurred by APHIS- WS during the perfonnance ofservices agreed upon and specified in the Work Plan. APHIS-WS shall keeprecords and receipts of all reimbursable expenditures hereunder for a period of notless than one year from the date of completion 0 f the services provided under thisAgreement and CCBCC shall have the right to inspect and audit such records.

4. To coordinate with CCBCC before responding to all media requests.

ARTICLE 6

This Agreement is contingent upon the passage by Congress 0 f an appropriation fromwhich expenditures may be legally met and shall not obligate APHiS upon failure ofCongress to so appropriate. This Agreement may also be reduced or tenninated ifCongress only provides APHIS funds for a finite period under a ContinuingResolution.

ARTICLE 7

APHIS assumes no liability for any actions or activities conducted under thisCooperative Service Agreement except to the extent that recourse or remedies areprovided by Congress under the Federal Tort Claims Act (28 U.S.c. 1346(b),2401(b),and 2671-2680).

ARTICLE 8

Pursuant to Section 22, Title 41, United States Code, no member of or delegate toCongress shall be admitted to any share or part of this Agreement or to any benefit toarise therefrom.

ARTICLE 9

3

All activities will be conducted in accordance with all applicable Federal, State andlocal laws, rules, and regulations. Nothing in this Agreement shall preventAPH IS- WS from entering into separate agreements with any other organization orindividual for the purpose of providing wildlife damage management services exclusiveof those provided tor under this agreement.

ARTICLE 10

CCBCC certifies that wildlife damage management options, including the use ofservices provided by the private sector, have been carefully considered. Afterconsidering these options, CCBCC requests that APHlS-WS provide its services underthc stated tcrms of this Agreement.

ARTICLE 11

The performance of wildlife damage management actions by APH[S-WS under thisagreement is contingent upon a determination by APHlS-WS that such actlons are incompliance with the National Environmental Policy Act, Endangered Species Act, andany other applicable environmental statutes. APHIS- WS will not make a final decisionto conduct requested wildlife damage management actions until it has made thedetermination of such compl iance.

ARTICLE 12

This Cooperative Service Agreement may be amended at any time by mutual agreementof the parties in writing. Also, this Agreement may be terminated at any time by mutualagreement of the parties in writing, or by one party provided that party notifies the otherin writing at least 120 days prior to effecting such action. The length of notice forunilateral tem1ination may be longer or shorter if necessary. Further, in the event theCooperator does not provide necessary funds, AP HIS-WS is reI ieved of the obligationto provide services under this agreement.

4

In accordance with the Debt Collection Improvement Act of J 996, the Department ofTreasury requires a Taxpayer Identification Number for individuals or businessesconducting business with the agency.

CCBCC Taxpayer IdentifIcation Number (TIN)

Columbia CountyBoard of County CommissionersP.O. Box 1529Lake City, FL 32056-1529

BY: (Signature).. .. . _Date

(Print Name) .__. _

UNITED STATES DEPARTMENT OF AGRICULTUREANIMAL AND PLANT HEALTH INSPECTION SERVICEWILDLIFE SERVICES

BY: -._-_._---------_..--..- _ .._--_._--Bernice Constantin, State Director DateUSDA, APHIS, WS2820 E. Universtiy Ave.

Gainesville. FL 32641

BY: -,._-._-_.--,,-_...._----...,,--_.- -----_•..._-Charles S. Brown DaleDirector, Eastern RegionUSDA, APHIS. WS920 Main Campus Drive; Suite 200Raleigh, NC 27606

5

ATTACHMENT AWORK PLAN

for theCOOPERATIVE SERVICE ACREEMENT

betweenCOLUlVIBIA COUNTY, BOARD OF COUNTY COMMISSIONERS (CCBCC)

andUNITED STATES DEPARTMENT OF AGRICULTURE

ANIMAL AND PLANT HEALTO INSPECTION SERVICE (APHIS)WILDLIFE SERVICES (WS)

Introduction

The U.S. Department of Agriculture (USDA) is authorized to protect Americanagriculture and other resources from damage associated with wildlife. The primaryauthority for Wildlife Services (WS) is the Act of March 2, 1931 (46 Stat. 1468; 7U.S.C.426-426b) as amended, and the Act of December 22, 1987 (10 IStat. 1329-331, 7U.S.c. 426c). Wildlife Services activities are conducted in cooperation with otherFederal, State and local agencies; private organizations and individuals.

The WS program uses an Integrated Wildlife Damage Management (IWDM) approach(sometimes referred to as rPM or "Integrated Pest Management") in which a series ofmethods may be used or recommended to reduce wildlife damage. [WDM is describedin Chapter I, 1-7 of the Animal Damage Control Program Final Environmental ImpactStatement (USDA, 1994). These methods include the alteration of cultural practices aswell as habitat and behavioral modification to prevent damage. However, controllingwildlife damage may require that the offending animal(s) are killed or that thepopu lations of the offend ing species be reduced.

Background

Prior to 1900, beaver (Castor canadensis) were found throughout the panhandle andsouth to SemLnole county_ These animals served as a valuable source of income andfood for the early settlers. Eventually, heavy trapping and hunting, combined wlth theclearing of wuodlands for fanning, led to the near extinction of beaver in Florida by the[900's. Over the past 40 years, beaver have made a dramatic comeback in Floridarecolonizing most of their historil: range. This comeback can be attributed to the drasticdecline in beaver pelt prices and the accompanying decrease in trapping. With thisrapid expansion of beaver populations came an increase in damage. Flooding fromwater impounded be beaver dams, girdling oftimber, tunneling into pond levees,blocking drainage outlets and inundating access roads are the primary types of beaverdamage in Florida. Preferably, beaver damage would be controlled through sport andcommercial trapping be Iicensed trappers at no cost to the state. In an attempt to use

6

that source of manpower, the Florida Game and Fresh Water Fish Commission(FG&FWFC) referred inquiring landowners to available and willing trappers. This hasbeen unsuccessful due to the low economic incentives for beaver trapping. Some stateshave tried using the bounty system to control beaver problems without success. Theaverage $5 bounty was not economically enticing to trappers and an increase in thebounty would create the potential for fraud.

Basis for program

BeaverBeaver damage in 30 Florida counties was investigated by the FG&FWFC using atelephone survey of road departments (county and state), foresters, timber companies,and public land managers. All seven Department of Transportation (DOT)maintenance offices in Northern Florida reported beaver problems associated with statehighways in their area. Beaver problems with county maintained roads were reportedin 26 of the 30 counties. The foresters contacted, indicated there were forestry relatedbeaver problems in 16 of the 29 counties. Several large public land managed areas and10 of the 13 timber companies were experiencing beaver problems. It is evident fromthe study that beaver have become a problem primarily in the panhandle and northerncounties in Florida. Most problems are the flooding of roads and timber. The U.S.Department of Agriculture is directed by law to protect American agriculture and otherresources from damage associated with wildlife. The primary authority for the WildlifeServices program is the Animal Damage Control Act of March 2, 1931, as amended(46 Sata. 1468: 7 U.S.C.426-426b and 426c). Wildlife activities are conducted incooperation with other federal, state and local agencies, and private organizations andentities.

USDA, Wildlife Services currently has beaver management programs in six states inthe southeast. These programs are based upon cooperative funding between county andstate governments, private. and public landowners.

Coyote

In Columbia County each year the county extension agent receives numerous callsinvolving coyote predation on livestock. USDA Wildlife Services has a long historyof assisting ranchers and landowners with coyote predation on livestock.

Historically, coyotes were most common on the Great Plains of North America. Theyhave since extendeJ their range from Central America to the Arctic, including all of theUnited States (except Hawaii), Canada, and Mexico. Coyote predation on livestock isgenerally more severe during early spring and summer than in winter for two reasons.First, sheep and cows are usually under more intensive management during winter,either in feedlots or in pastures that are close to human activity, thus reducing theopportunity tor coyotes to take livestock. Second, predators bear young in the springand raise them through the summer, a process that demands increased nutritional input,for both the whelping and nursing mother and the growing young. This increased

7

demand corresponds to the time when young sheep or beef calves are on pastures orrangeland and are most vulnerable to attack. Coyote predation also may increaseduring fall when young coyotes disperse from their home ranges and establish ncwterritories.

Many references indicate that coyotes were originally found in relatively open habitats,particularly the grasslands and sparsely wooded areas of the western United States.Whether or not this was true, coyotes have adapted to and now exist in virtually everytype of habitat, arctic to tropic, in North America. Coyotes live in deserts, swamps,tundra, grasslands, brush, dense forests, from below sea level to high mountain ranges,and at all intennediate altitudes. High densities of coyotes also appear in the suburbs ofmost major cities. They sometimes prey on pets and are a threat to public health andsafety when they frequent airport runways and residential areas, and act as carriers ofrabies.

Planned Wildlife Services Activities

BeaverThe agreement for Wildlife Services to conduct beaver control work in ColumbiaCounty will be for one year conducted by APHIS, Wildlife Services personnel. AWildlife Services employee with appropriate training and professional experience toconduct beaver control activities will be assigned to this project.

Wildlife Services will use recommended beaver damage management techniques andequipment to alleviating the damage. Traps will be checked at least every 24 hours.Beaver dams will be removed by qualified personnel as required using explosivesand/or mechanical means. Explosives will be handled in accordance with WSregulations and procedures. In all cases, landowners and county officials will beinfOlmed of anticipated work and expected results.

Beaver will be the target species of the management program. Trapping techniques arcdesigned through selective sets to minimize the number of non-target species caught,specifically otter (Ll/fra canadensis). Any non-targeted animal trapped will be releasedif the animal is not damaged.

Beaver carcasses will be disposed of on-site or made available for landowner use.Some may be kept for future research or study needs by interested agencies such asFG&FWFC, University of Florida, or the Florida State Museum of Natural History.

CoyoteThe agreement for Wildlife Services to conduct coyote control work in ColumbiaCounty will be tor one year conducted by APHIS, Wildlife Services personnel. AWildlife Services employee with appropriate training and professional experience toconduct coyote control activities will be assigned to this project.

8

Wildlife Services will use recommended coyote damage management techniques andequipment to alleviating the damage. Traps will be checked at least every 24 hours.

Usually, the primary concern regarding coyotes is predation on livestock. Livestockpredation will be the main f()cus of WS coyote control efforts in Columbia County.Other calls will be dealt with on an as needed basis as directed by the CountyCommissioners.

Request for Assistance

BeaverAs a general rule, requests for assistance will be handled on a first-come, first-servedbasis. Efforts will be directed toward those areas with the most beaver damage andcomplaints as estimated and documented by WS. County and state requests forassistance will be given first priority when the integrity of a road. highway, or bridge isthreatened by the effects of beaver activity. [n general, the following priorities will beobserved when responding to requests for assistance:

1. County or state highways, roads, and bridges2. Industrial/corporate landowners3. Individual landowners4. Landowner associations5. Cities or towns6. Other state lands

Logistic or travel cost considerations may require that some requests be worked out oforder.Request for help on county or state property should be made to the WS Biologist inColumbia County. Request tor assistance on state highways or bridges should be madethrough the DOT.

CoyoteRequests for assistance will be handled on a first-come, first-served basis unlessdirected otherwise by the county commissioners. Any call where human health orsafety is involved will be given priority.

Personnel and Reports

Technicians wi II be hired by, and work directly tor, WS. Technicians will be full-timeand/or temporary part-time employees, as determined by the budget. Technicians willwork year-round as weather and conditions allow.

Supervision

Technicians will be supervised out of the Gainesville WS office. The WS supervisorwill be responsible for meeting with county oftlcials and other cooperators, assil::,'11ing

9

technicians to beaver control requests. maintaining records, and assisting in trappingand dam-removal.

Record Keeping

Technicians will record the number of beaver and coyote caught, the number of damsremoved, and other statistics. All record keeping is coordinated by the WS supervisorand reported to the necessary cooperators on an annual basis.

Educational Efforts

Educational efforts will be made to make landowners fully aware of what can andcannot be done to reduce beaver and coyote activity/damage. Landowners will also beencouraged to hecome involved in determining the best available strategies in dealingwith beaver and coyote activity/damage on their property. WS Supervjsors andTechnicians will also work with the county and municipal governments so that publicofficials and landowners will be better able to understand and use beaver and coyotebiology to help solve their problems.

Summary

This program is designed to assist landowners, road departments, and private industrywith beaver and coyote damage in Columbia County. The intent of the program is toreduce beaver and coyote damage not population control. The program will bestructured to be flexible, fair, and most importantly, feasible. Key to the success of theprogram will be participation of the county and landowners.

Effective DatesThe cooperative agreement shall become eftective on October l, 2007 and shall

expire on September 30,2008.

lO

ATTACHM ENT BFINANCIAL PLAN

for theCOOPERATIVE SERVICE ACREEMENT

betweenCOLUMBIA COUNTY, BOARD OF COUNTY COMMISSIONERS (CCBCC)

andUNITED STATES DEPARTMENT OF ACRICULTURE

ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)WILDLIFE SERVlCES (WS)

Personnel Costs '" '" $ 32,287Vehicle Usage $ 5,000Equipment and Supplies $ 2,500Program Support $ 6,426

TOTAL $ 46,213

The distribution of the budget from this Financial Plan may vary as necessary toaccomplish the purpose of this agreement, but may not exceed $ 46,213.

Financial Point of Contact

Cooperator:--- ---"--"'-- --..-_. ----

<Name to call for billing questions> Phone

APHIS, WS: Jane Hatcher 352-377-5556Phone

II

Financial Project 10: 406813-6-52-01Federal Project 10: 2803 004 S

MEMORANDUM OF AGREEMENTBETWEEN

THE FLORIDA DEPARTMENT OF TRANSPORTATIONAND

COLUMBIA COUNTY

THIS AGREEMENT, made and entered into this day of____, by and between the STATE OF FLORIDA,

DEPARTMENT OF TRANSPORTATION, hereinafter called the "DEPARTMENr andCOLUMBIA COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter called the"AGENCY".

WITNESSETH

WHEREAS; Pursuant to Section 336.467, Florida Statutes, Florida counties and theState of Florida, Department of Transportation have authority to enter agreements for theimprovement of County Roads, Bridges and other Transportation Facilities by theDEPARTMENT; and

WHEREAS; the DEPARTMENT is preparing to undertake a project which is known asthe Bridge replacement of Bridge # 290042 on County Road 245 at Olustee Creek in ColumbiaCounty, Florida, which will be of benefit to the AGENCY; and

WHEREAS; the AGENCY, by Resolution No. has authorized its officers to executethis Agreement on its behalf.

WHEREAS, the DEPARTMENT may utilize its power of Eminent Domain to acquireneeded right-of-way in the name of the DEPARTMENT; and upon completion and acceptanceby the DEPARTMENT, the AGENCY will assume ownership of the right-of-way andresponsibility for maintenance.

WHEREAS, the DEPARTMENT may acquire any necessary environmental permit(s) onbehalf of the AGENCY.

NOW, THEREFORE, in consideration of the premises, the parties agree:

1. The DEPARTMENT will undertake projects and obtain federal approval forparticipation, which may include but not be limited to, design, right-oF-way, permits, constructionand other activities to facilitate satisfactory completion of projects within the limits describedabove. Upon completion and acceptance by the DEPARTMENT, the AGENCY will assume theresponsibility for management and maintenance of the project.

2. The DEPARTMENT's standard landscaping is grass, sad and mitigated trees. Incases where the project improvements consist of non-standard features the following shallapply:

The AGENCY agrees to maintain such non-standard landscaping andstreetscaping features which may include but not be limited to, brick/concrete pavers, stampedconcrete, stamped asphalt, patterned/textured pavement, decorative lighting, decorativecrosswalks, tree wells, plant beds, mulched areas, aesthetic/decorative plants,

Financial Project lO: 406813-6-52-01Federal Project 10: 2803 004 5

AGREEMENT DATE: _

IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their sealson the day and year first above written.

COLUMBIA COUNTY BOARD OFCOUNTY COMMISSIONERS

BY: ------------TITLE: _

DATE: _

ATIEST: _(Seal)

TITLE: _

APPROVED AS TO FORM:

AGENCY Attorney

DATE: _

DEPARTMENT OF TRANSPORTATION

BY: ------------District SecretaryDistrict Two

DATE: _

ATIEST: _Executive Secretary (Seal)

APPROVED AS TO FORM ANDLEGALITY:

Office of District Two General Counsel

DATE: _

\b t1

J0 14- J'"11 J~l,A-q September 24, 2007

I Donald F. Lee & Associates, Inc.Surveyors & Engineers

- D. .L---------------------------j-40-NW-R-jd-g-ew-ood-A-\-'enue---

« • .. lAke City. Florida 32055(386) 755-6166

Fax (386) 755-6167dO/lold@df/a.(·om

Dale Williams. County Manager

Surveying & Engineering Services

The following billing rates are submitted for your consideration effective

October 1, 2007:

Professional SurveyorSurvey Crew (3 Man)Survey Technician

Professional Engineer

Respectfully,~ /'.

Q"" ~_-'///V J. ~~1 ,,\.. ' I ,"",'r // '" ! ,'<"'x:-Ior"..-----

Donald F. Lee

$ 100 per hour$ 90 per hour$ 45 per hour

$ 111 per hour

LD DRIVING DIRECTION

N N US HWY441. L NWLASSIS BLACK ST. LUNNAMED RD

BCCA OR DCA APPROVAL LIST

EW DRIVING DIRECTION~ LOCATION

N N US HWY441. L NW RUNS FROM NWLASSIS BLACK ST. L NW LASSIE BLACK 5TCHARLIE HORSE DR SOUTH. THEN

SOUTHEAST. THENNORTHWEST TODEADEND

25MB PAGE

9/27/2007

-..__.... - '- -- .. _-_.-- ~--.----,---.- ----.---------_._-

Page 1

-_.__..._----- -_._- ..._--._-- '-'

COLUMBIA COUNTY BOARD OF COUNTY COMMISSIONERSUTILITY PERMIT

Date: Permit No, County Road BascCTIJ Norris Section No, _

Perrrurtee Greater Lake City Regional Utility Authority Gas Diyision

Address __2_0-5-N-"_Ma_r_i_o_D_A_v_e_D_u_e Telephone Nwnber (352) 758-5404

Requesting permission from Columbia County, Florida, hereinafter called the County, to contract, operate andmaintain _

A 2" 2406 SDRll plastic gas -.ain 6.400 IT on Basco. Norris on the north

side of the road.

FROM: Girl's Soft Ball Field TO: Faith Road

Submitted for the Utility O\Vller by: -=- ---..Jl....~""""t-b J4 ,--Typed Name & Title Signature /

/0 /-07Date

I. Permirtee declares that prior to filing this application it has determined the location of all existing utilities, bothaerial and underground and the accurate locations are shown on the plans attached hereto and made a part oftbisapplication, Proposed work iB within corporate limits of Municipality: YES ( ) NO (X ). IfYES: LAKE CITY( ) FORT WHITE ( ). A letter of notification was mailed on to the following utilityowne~ We will call Sunshine State One Call for locates.

2. The Columbia County Public Works Director shall be notified twenty-four (24) hours prior to starting wotk andagain immediately upon completion of work:. The Public Works Director is Hoyle Crowderlocated at County Public Works Telephone Number(86) 752-5955The PERMITTEE's employee responsible for Maintenance of Traffic is Curtis Dudgeon___________Telephone Number (J86) 758-:5404 (This na.mc may be providedat the time of the 24 hour notice to starting work.)

3. This PERMlTIEE shall commence actual construction in good faith within -2.!L. days after issuance of permit,and shall be completed within 120 days after permitted work hAs begun. If the beginning date is more than 60 daysfrom date of permit approval, then PERM! I I EE must review the permit with the Columbia County Public WorksDirector to make sure no changes have occurred in the transportation facility that would affect the permittedconstruction.

4. The construction and maintenance ofsuch utility shall not interfere with the property and rights of a priorPERMITTEE.

5. It is expressly stipulated that this pennit is a license for permissive use only and that the placing of utilities uponpublic property pursuant to this permit shall not operate to create or vest any property right in said holder.

6. Pursuant to Section 337,4D3(1), Florida Statutes, whenever necessary for the construction, repair, improvement,maintenance, safe and efficient operation, alteration or relocation of all, or any portion of said transportation facility

Utili(ies Permit" Page Two

Revised: Sf I7/00

as determined by the Columbia Counry Public Works Director and/or County Engineer, any or all utilities andappWlenances authorized hereunder. shall be lrnmediately removed from said transportation facility or reset orreJocared thereon as required by the Columbia Couney Public Works Director and/or Counry Engineer and a( theexpense of the PERMITTEE,

7. ill case of non-compliance with the County's requirements in effect as of the approval date of this permit, thispermit is \'oid and the facility will have to be brought into compliance or removed from the right of way at no cost to

the COWl!)'.

8. It is understood and agreed that the rights and privileges herein set out are gntnted only to the extent of theCounty's nght. title and interest in the land to be entered upon and used by the PERMITTEE, and the PERMmEEwill. at all tUnes, and to the extent permitted by law, assume all risk of and indemnify, defend, and save harmlessColumbia County, Florida from any and all loss, damage, cost or expense arising in any manner on account of theexercise or attempted exercise by said PERMITTEE of the aforesaid right and privileges.

9. During construction, ail safety regulations of the County shall be observed and the PERMlTTEE lID1St takemeasures, including placing and the display of safety devices that may be necessary in order to safely conduct thepublic through the project area in accordance with the Federal Manual on Uniform Traffic Control Devices, asamended for highways.

10. Should the PERMITTEE be desirous of keeping its utilities in place and out of service, the PERMITEE, byexecution of this permit acknowledges its present and continuing ownership of it!! utilities located between

BaSCOE Norris and Faith Road ) within theCounty's right of way as set foOO above. PERMITTEE, at its sole expense, shall promptly remove said out of serviceutilities whenever Columbia County Public Works Director andlor County Engineer determines said removal is inthe public interesr.

I I. Special instructions: Minimum cover of thirty inches (30") will be required at all locations. Columbia CountywiJl not be financially responsible for any damage to facilities v.rith less than thirty inch (30") cover. Cables shall notbe located within driveway ditches,

It is understood and agreed that commencement by the PERMITTEE is acknowledgment and acceptance of thebinding nature of these special insnuctions.

Submitted By: _

Permittee

Signature and Title

Place Corporate Seal

Attested

Utilities PennitPage TheeRevised: 8/17/00

(~-...r7i#/~

kJj;;Title

Recommended for Approval:

Signarure: ~-IL t /;.. Uk)"t't"j

Date

Approval by Board ofCounty Commissioners, Colwnbia County, Florida:

YES ( ) NO ( )

Date Approved: _--- _

Chairman's Signature: _

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LEASE AGREEMENT

THIS AGREEMENT made as of the I s( day of September, 2007, between COLUMBIACOUNTY RESOURCES, INC., a Florida non-profit corporation, whose mailing address is PostOffice Box 1376, Lake City, Florida 32056-1376, (herein "Lessor"), and COLUMBIACOUNTY, FLORIDA, a political subdivision of the State of Florida, whose mailing address isPost Office Box 1529, Lake City, Florida 32056-1529, (herein "Lessee").

WITNESSETH

In consideration of the mutual covenants contained herein, the parties agree that Lesseeshall lease to Lessor, and Lessor shall take from Lessee, the premises described hereafter, uponthe following terms and conditions:

1. PROPERTY - Lessee leases to Lessor, and Lessor takes from Lessee, property inColumbia County, Florida (herein "the premises" or "leased premises") described as:

The Food Service Building located at the Colwnbia CountyFairgrounds containing approximately 3000 square feet.

2. RENT - Lessor shall pay Lessee, as rent, the swn of EIGHT HUNDRED AND NOll 00DOLLARS ($800,00) per month begilming September 1,2007 and on or before the 1Sl

day of each month thcreafter during the term of this Lease. Lessor shall not be requiredto make any damage deposi t or other deposit prior to the commencement date of thisLease. The rental amount shall increase at the rate of 5% per year for each year the Leaseis extended.

3. TERM - This lease has a primary tcrm ofone (I) year, beginning September 1, 2007, andending at midnight on August 31, 2008. Unless otherwise terminated as provided herein,the term of the Lease shall automatically extend for five (5) successive periods of one (I)year each on the following terms and conditions:

a. No default is existing or continuing in the performance of any of the termsof this Lease;

b. Each extended term shall be on the same temls, covenants, and conditionsas provided in this Lease except that there shall be no privilege to extend the teml of thisLease for any period of time beyond the expirations of the fifth extended tem;

c. In the event Lessee docs not wish to extend the term of this Lease after theinitial lenn or any extended term, then Lessee, at least one month prior to the expirationof the initial term and at least one month prior to the expiration of any extended term,

shall notify Lessor, in writing, of its election not to extend the term of this Lease for thefirst or a subsequent extended teml, as the case may be;

d. Each extension term, subject to the terms of this provision, shall bedeemed to be extended and the terms therein extended for a period of one year from thedate of expiration of the initial term or from the date of expiration of the extended termduring which such notice is given, as the case may be, without the execution of anyfurther Lease or instrument; and

e. The rental amount for each of the consecutive yearly extension periodshereunder shall increase by 5% each year and shall be due and payable in accordance withparagraph 2 above.

4. USE OF PREMISES - Lessor will comply with all valid laws, ordinances, andgovernmental regulations effecting the use of the premises or any business conductedtherefrom.

5. UTILITIES - Lessee agrees that it will pay all charges for rent, gas, electricity, or anyother utilities used on the premises and should charges for the same at anytime remaindue and unpaid for the period of five (5) days after the same shall become due, the Lessormay, at its option, consider this Lease in default and immediately re-enter upon saidpremises and the entire rent for the rental period next ensuing shall at once be due andpayable.

6. REPAIRS AND MAINTENANCE - Lessee, except as otherwise provided in this Lease,hereby agrees to maintain said premises in the same condition, order and repair as theyare at the commencement of the term of this Lease, excepting only reasonable wear andtear arising from the use thereof under this Lease, and damage by fire, acts of God, theclements and other casualty, and to make good to said Lessor immediately upon demandany damage caused by acts of neglect of Lessee or of any person or persons in the employor under the control of Lessee. Lessee shall be responsible for all interior repairs byreason of use or damages caused by Lessee.

7. ALTERATIONS TO PREMISES - Lessee shall have the right and privilege to makesuch changes and alternations, at its own expense, as are necessary to adapt the leasedpremises for the Lessee's purposes. The changes and alternations necessary so toremodel the premises shall be done in conformity with the building laws of the countyand state in which the leased premises are located. No changes, alterations, or additionsto or on the premises shall be made that will endanger the safety of the building. Allchanges. alterations, or additions to the premises must be done in a first classworkmanlike manner. All changes, alterations, additions or other improvements erected

2

or placed on the leased premises shall remain thereon and shall not be removedtherefrom, and at the expiration of this Lease, all improvements shall be the property ofthe Lessor.

8. ASSIGNABILITY - Lessee may not assign this Lease or Lessee's rights hereunder, norsublet the leased premises or any part thereof, without the \'lritten consent of the Lessor,except that Lessee may assign this Lease to any corporation or association of which theLessee is a principal, without the Lessee having to obtain the prior written consent ofLessor. In the event Lessee does assign this Lease, Lessee shall remain liable to thepayment of all rent required to be paid hereunder and for the performance of any temlS,covenants and conditions herein undertaken by Lessee.

9. INSPECTION - Lessor. or any of its agents, shall have the right to enter said premisesduring all reasonable hours to examine the same or to make such repairs, additions oralterations as may be deemed necessary for the safety, comfort or preservation thereof.

10. INOEMNIFlCATION·· To the extent permitted by law, each party indemnifies,defends, and holds the other party hannless against and from any and all liabilities,obligations, damages, penalties, claims, costs, charges and expenses, including reasonableattorney's fees which may be imposed upon or incurred by, or asserted against the otherparty by reason of the indemnifying party failing to perform the covenants and conditionsset forth herein. Nothing herein shall be construed as an indemnity or a waiver ofsovereign immunity enjoyed by any party hereto, as provided in Section 768.28, FloridaStatutes, as amended from time to time, or any other law providing limitations on claims.Nothing in this paragraph nor any portion of this agreement shall be construed to createany third party beneficiary rights in any person not a party to this agreement.

11. LESSOR'S PERSONAL PROPERTY - Lessor shall have the right to place upon thepremises, from time to time, such personal property as Lessor so desires and remove thesame at any time and from time to time, so long as Lessor is not in default thereunder,and subject to Lessee's lien provided for in this lease or by law. Lessor shaJl have theright to remove any equipment owned by Lessor and installed in or placed upon thepremises, upon the expiration of the term hereof; provided Lessor is not in default. In theevent Lessor removes any trade fixtures or equipment installed in the premises, Lessorshall restore the premises and repair any damages occasioned by such removal.

12. QUIET ENJOYMENT - Lessee warrants to Lessor that Lessee has good title to thepremises and the right to enter into this lease. So long as Lessor is not in default, Lesseewi II protect, defend and indemnify Lessor against any interference with Lessor's use andquiet enjoyment of the premises.

3

13. FIRE OR CASUALTY - Any loss to improvements or other property of Lessor locatedon the premises as a result of fire or other casualty shall be the sole risk of Lessor. Thereshall be no abatement in rent in the event Lessor's business conducted from the premisesis interrupted as a result of fire or casualty if such fire or casualty resulted from Lessor'sown act 0 f negligence, intentional act of Lessor, or Lessor's default under the teffiIS ofthis Lease

14. HOLDING OVER - If Lessor remains in possession of the premises after expiration ofthe term of this lease, or any extension, Lessor shall be treated as a Lessor at sufferanceon a month-to-month basis, and shall pay Lessee monthly rental at the rate in effectimmediately prior to the expiration of the term.

15. SURRENDER OF PREMISES - At the expiration of the term, or any extension, Lessorshall peaceably and quietly surrender the premises to Lessee in good condition and repair,except only for ordinary wear, tear and deprecation.

16. REMEDY FOR ABANDONMENT OF PREMISES OR FAILURE TO PAY RENT- If the Lessee shall abandon or vacate the leased premises before the end of the term ofthis Lease or shall suffer the rent to be in arrears, the Lessor shall have the option, withoutprior notice to Lessor, to either:

A. Terminate this lease, resume possession of the premises for Lessee'saccount, and recover from Lessor the difference between the rental specified in this leaseand the fair market rental value of the premises for the remainder of the term, reduced topresent worth; or

B. Resume possession and re-lease or rent the premises for the remainder ofthe term for the account of Lessor, and recover from Lessor at the end of the term thedi fference between the rent specified in this lease and the rent received on the re-Ieasingor renting.

The remedies provided for herein are cumulative of any other remedies granted to Lesseepursuant to law.

17. OTHER REMEDIES - If either party shall fail to perform or shall breach any agreementof this lease, other than the agreement of Lessor to pay rent, for a period of thirty (30)days after written notice shall have been given to the party so failing to perform,speci fying the performance required, the party giving notice shall have the option toterminate this lease or bring an action in a court of competent jurisdiction to compeJperfoffilance.

4

18. TERMINATION OF LEASE - Lessee may, at Lessee's option, by notice to Lessor,tenninate this lease effective immediately if Lessor shall become bankrupt, unable to paydebts as they mature, make an assignment for the benefit of creditors. commit any otheract ofhankruptcy, if an involuntary or voluntary petition for bankruptcy is filed by oragainst Lessor or if Lessor abandons the premises, or uses the premises for any unlawfulor illegal purpose.

19. ADDRESSES AND NOTICES - All rents shall be payable and notices to Lessee shallbe given at Lessee's address specified hereinabove. or such other address as Lessee shallspecify by notice in writing to Lessor. All notices required to be given under this lease toLessor shall be given at Lessor's address hereinabove specified, or such other address asLessor shall specify by notice. in writing, to Lessee. Any notice shall be via certified mailreturn receipt, postage prepaid, and shall be deemed delivered when mailed, except thatnotices of change of address shall not be effective until actually received. Nothingcontained in this paragraph shall preclude any notice required hereunder from beingpersonally served upon the party entitled to receive the same.

20. PARTIES BOUND AND APPLICABLE LAW - This lease shall be binding upon andinure to the benefit of the respective heirs. personal representatives. successors andassigns of the parties, and shall be construed in accordance with the laws of the State ofFlorida.

21. SUBTITLES - The subtitles used in the paragraphs of this agreement are solely for theconvenience of the parties, and are not a part of the substantive portions of the agreement.

22. MISCELLANEOUS -

a. It is understood and agreed between the parties that time is of the essenceof this Lease and this applies to all tenns and conditions contained herein.

b. The rights of the Lessor under this Lease shall be cumuJative and failureon the part of the Lessor to exercise promptly any rights given hereunder shall not operateto forfeit any of said tights. The covenants and agreements contained herein shalt bebinding upon and inure to the benefit of the heirs, legal representatives, successors andassigns of the parties hereto.

c. The terms "Lessee" and "Lessor" include all parties named herein as such,together with their successors, heirs, personal representatives, or assigns, and shall beconstrued as singular. plural, masculine, feminine or neutral, as required by the context ofthis lease.

5

ATTORNEY FEES - In the event ofa default under the tem1S of this Lease Agreement,the non-defaulting and prevailing party shall be entitled to recover reasonable attomey'sfees, together with reasonable costs, in enforcing the tems of this Lease.

IN WITNESS WHEREOF, the parties have executed this agreement the <.lay and yearfirst above written.

Signed, sealed and deliveredin the presence of:

Witness

Print or type name

Witness

Print or type name

STATE OF FLORJDACOUNTY OF COLUMBIA

COLUMBIA COUNTY RESOURCES, INC.

By:Steve Briscoe, President

The foregoing instrument was acknowledged before me this __ day of _2007, by STEVE BRISCOE, as President of COLUMBIA COUNTY RESOURCES, INC., aFlorida non-profit cOq>oration, on behalf of the corporation, who is personally known to me orwho has produced a Florida driver's license as identification.

(NOTARIALSEAL)

Notary Public, State of Florida

My Commission Expires:

6

Signed. sealed and deliveredin the presence of:

Witness

Print or type name

Witness

Print or type name

STATE OF FLORIDACOUNTY OF COLUMBIA

COLUMBIA COUNTY. FLORIDA

By: _Elizabeth POrler, ChairpersonBoard of County Commissioners

ATTEST: ---------P. DeWitt Cason, Clerk of Courts

(SEAL)

The foregoing instrument was acknowledged before me this __ day of_____, 2007, by ELIZABETH PORTER as Chairperson of the Board of County

Commissioners of Columbia County, Florida, on behalfofthe Board, who is personally knownto me or who has produced a Florida driver's license as identification.

(NOTARIALSEAL)

Notary Public, State of Florida

My Commission Expires:

7

~ Another Way, Inc. Domestic Violellce alld Rape Crisis CellterP. O. Box 1028 Lake City, FI. 32056-1028

386-719-2700 Fax 386-719-2758admcw,anothcl'"\vayinc.nctwww.anothenvayinc.net

Domestic Violence Hotline 1-800-500-1119

August 28, 2207

To: Board of Columbia County Conunissioners

Sexu.11 Violence Hotline 1-866-875-7983

SPECIAL PROJECTS FUNDING:District 1 - $2,893.83District 2 - $2,893.83District 4 - $2,893.83District 5 - $2.893.83

Another Way Inc is requesting assistance as a 50 I C Organization. We have securityissues at our shelter. We are in need of outside lighting, removing of trees (14, appr. 28 inround), security locks on front and back doors of the shelter, commercial steel doubledoor for front of the building, single steel door for back of building, 4 loads of dirt, andconcrete drain x 2. Mr. Gary Sandlin has offered his assistant in helping with leveling ofthe ground and installing the doors.

See attached quotes from;Lake City Industries, Doors $1675.33Keaton Security Plus Locksmith, $1620.00Tony Jordan's Concrete, $2500.00New Look Tree, $600.00Tom Jenkins Electrical $4700.00Bubba's Site Prep, $480.00Your assistance' reciated.

Thn°/ Meally Jcnk' s

Resource Development Director965-4008

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CASHpopIol<oc T 121

LAKE CITY INDUSTRIES250 NW RAILROAD ST.

QUOTLAKE CITY, FL 32055{386} 752-3511 FAX {386} 758-4735

Page: 1 Quote: 00009421Special Time: 09:54:05Instructions SIlIp Dale: 08/29/07

Invoice Dale: 08/29/07Sale rep , ED Ed Guth Acct rep code: Due Dale: 08/29/07

Sold To. CASH SALE Shlp To: CASH SALE(1 ) -

(1 )

Customer.: -1 Customer po: Order By:

ORDER SHIP iL U!M i ITEM#,

DESCRIPTION iAft Price!Uom i PRICE EXTENSION

1.00 1.00 L EA IMISC 6068 COMMERCIAL OOOR & FRAME Wfll-I HINGES i '120.0000 EA ! ' 120.0000 1120.00THRESHOLD T-ASSTIGAL ANCHORS . I

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Quote Expires 09/28/07 Sales total $1120.00

Taxable 1120.00Non-taxable 0.00 Sales tax 78.40Tax #

1 . Custon1er Copy(TOTAL $1198.40 I

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LAKE CITY INDUSTRIES250 NW RAILROAD ST.

OUOTLAKE CITY, FL 32055{386} 752-3511 FAX {386} 758-4735

Page: 1 Quote: 00009420Special nme: 09:26:41Instrvetions Ship Dale: 08/29/07

Invo/(;e Dale: 08129107Sale rep': ED Ed Guth Acet rep code: Due Dale: 08/29/07

Sold To: CASH SALE Shlp To: CASH SALE(1 ) -

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Customer _: "1 Customer po: OfCJerBy:

ORDER SHIP IL UIM ITEM# DESCRIPTION lAft PrlcelUom PRICE EXTENSI(

1.00 1.00 IL EA RLSJ !F16 5-3/4 68 L JAMB W/30 HEADER I 135.5000 EA 135.5000 1351.00 1.00IL EA RSDC : L20 3068 161 STEELCRAFT COM DOOR I 287.6900 EA 287.6900 287,1.00 1.00 L BX RSHN 4.5X4.5 BUn NRP HINGE/BX NRP I 27.7600 ax I 27.7600 27.1.00 1.00 L EA L7160A PARKER 7160 ENTRY LEVER 260 I 83.3900EA 83.3900 83.1.00 1.00 L EA AB36 36' THRESHOLD 1/2' HI BUMPER we I 20.9900 EA 20.9900 20.

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Taxable 555.33Non-taxable 0.00 Sales tax 38.8;Tax 1/

1 - Customer CopyITOTAL $594.2'

PROPOS)Keaton . _.Security Plus LocksmitHI PROPOSAL NO.

Phone 386.7~O ,.-327 N. MarioD· .e. SHEET NO,

Lake City, FL 32066 '.

DATE

?--dJ>"-PROPOSAL SUBMITIED TO: WORK TO BE PERFORMED AT: 0,NAME A

~ADDRESS

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CITY,STATE DATE OF PLANS

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We hereby propose to furnish the materials and periorm the labor necessary for the completion of

Se'At/.4Jr ~~$a.. 2/uJ74/l~D .~ et9 Fl\

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- ------.------_. --Ail material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings anspecifications ~ubmitted for above work and completed in a substantial workmanlike manner for the sum of:

~Dollars ($ / ~~..--.---------. -

with payments to be as follows

Any aae-ra\lOn (..'( 00vtatj,cn from 8tXJv"t' speciBcaOon~ InVI?lVlflg ,,),~ (;~19 Respectlully submitted ... "=--wtfl be eloclAO'1 tINy l4iQfl Wl;n"", ~. ax! WIll~ l1fl ("XlI .. l1\argeOY&t a.nd 8bovo tho t:s&n4te. .-.1 .:t9I'~ C:()()tingt'4'"JC ~I()(l ~G.!I.

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Nole . This proposal may be withdrawn by us if not accepted within ~,~ ..day:

ACCEPTANCE OF PROPOSALThe above prices, specifications and conditions are satislactory and are hereby accepted, You are authorized to do Ihe work as specified, Payments willbe made as ouUined above.

SIGNATURE --

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JORDAN'S CONCRETE ~ INVOICE

9OB1 NWCR241 ~~Lake Butler, Florida 32054

r386) 155-4919

TONY JORDAN. S~ Owner

fcustomer'6

::;4;;It;; ~D'" 8'-U 20 S7

?~~M Jjld:llf/~Address

I( SOlD BYCASH COD CHARGE ON ACeT !.lOSE PAID OUT LAYAWAY )RETD

QUAN DESCRIPTION PAICE AMOUNT

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NEVV LOOI< TREETree Trimming • Tree Removal' Bobcat Work' Landscaping • Stump Grinding

David Sherwood [386) 755-858750S Olustee Ave., Lake City, FL 32025

Licensed /Insured W. L. Hunter Insurance AgencyP. O. 8fJ~ IS27, lake Gly, Fl32QS(,.1827

I-J-O-b-E-s-ti.-m-at-ej-' ~e z-CW--O........U.-..Q__

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TOTAL JOB ESTIMATE(Tox Inc1ud~d)

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TOM JENKINS ELECTRICAL SERVICE} INC~____,_,_' . u-w.s:2t2n~~_LaM~~~a J2Q5:l. ,...,

OFFICB: (3&6) 496·8287 FAX; (386) 496-0977 CELL: (386) 867-4479

ANOTHER WAY. INC.

g;OP:E OF \VORK

b ..

Tom Jenkins Elecuical Service, Inc propose~ to furnish and install two (2) 18 ft. pole lights (one(1) at north entrance gate and one (1) at south entrance gate) and four (4) wall light fixtures (two(2) on north side of building and two (2) on south side of building) ro include conduit and wi.re.

TOTAL COST

THANK YOU,

/7~Tom Jenkins. Jr.Owner / President

$4,700.00

BUBBA'S SITE PREPDIY. NORTON HOME MPROVEMENT CO., iNC.

3367 S. US HWY 441, SIUTE 101LAKE CITY, FL 32025

386-752-6383 FAX 386-752-6427

August 22,2007

ANOTIIER WAY, INCP.O. BOX 1028LAKE CITY, FL 32056-1028

RE: QUOTE

4 LOADS FILL DIRT @ $120.00 PER LOAD $480.00

COLUMBIA COUNTY BOARD Of COUNTY COMMISSIONERSPOST OffICE BOX 1529

LAKE CITY, fLORIDA 32056-1529

CONSENT AGENDA

SECOND PAGE

OCTOBER 4, 2007

(Continued)

(18) Invoice - National Association of Counties - Membership Dues fromJanuary 1, 2008 through December 31, 2008 - $l,on.DO

(19) Indigent Burial - Cooper funeral Home - Graylin Wayne McKellum,Deceased - $500.00

(20) External Budget Amendment - #07 -03 - General funds - Upgradesto the South Columbia Sports Park and Equipment Maintenance $15,267.00

(21) External Budget Amendment - #07-01 - MSBU funds - SoftwareInstallation for Code Enforcement Department - $11,937.00

(22) External Budget Amendment - #07-02 - Landfill funds Installation of New Off-Site Well & Pipeline for Landfill

(23) Columbia County Emergency Medical Services - Refund Request Blue Cross and Blue Shield - $490.25

(24) Agreement - State of Florida, Division of Emergency Management- State and Federa.lly-Funded Subgrant Agreement - $102,959.00

(25) Agreement - Cooperative service Agreement between ColumbiaCounty/United State Department of Agriculture Animal and PlantHealth Inspection Service Wildlife Services - $46,213.00

(26) Agreement - Florida Department of Transportation - BridgeReplacement of Bridge #290042 - County Road 245 at OlusteeCreek

(27) Donald F. Lee & Associates - Surveying and Engineering Services Professional Fee Increase Request -Professional Surveyor -$100.00 per hourSurvey Crew (3 Man) - $90.00 per hourSurvey Technician - $45.00 per hourProfessional Engineer - $111.00 per hour

(28) 9 -1-1 Addressing - Request for Approval of Street/Road Name NW Charlie Horse Drive

(29) Utility Permit - Greater Lake City Regional Utility Authority GasDivision - Bascom Norris Drive

(30) Lease Agreement - Columbia County Resources, Inc. - $800.00Per Month - Rent With 5'0 Increase Annually

AGENDA

SECOND PAGE

STAFF MATIERS:

HONORABLE ELIZABETH PORTER, CHAIRPERSON

Brian Kepner, County Planner

SUBDIVISIONS:

Variance:

(1) SDV 07-1 - District 4 - Commissioner Bailey

Preliminary:

Major Subdivision:

(1) SD 0221 - Forest View, Unit 1 - District 4 - Commissioner Bailey

(2) SD 0228 - Meadow View - District 2 - Commissioner Weaver

Final Plat Plan for Planned Rural Residential Development:

(1) Z 0458 - The Oaks of Lake City, Phase One - District 5 Commissioner Porter

DISCUSSION:

(1) Special Projects -District 1 - Another Way - Multiple Items (seeattached list) - $2,893.83

District 2 - Another Way - $2,893.83



(2) Special Projects - District 1 - Annie Mattox Park - Ice Machine,Concess ion Door and Fencing - $12,000.00

DATE: 09/24/2007

NAr.nNational Ass",iation 01 Coun'ies

INVOICE#: 5-000016164

The Voice ofAmerica's CountiesINVOICE

12023

Columbia CountyP.O. Box 1529Lake City, FL 32056-1529

REMnTANCEADDRESS:P.O.BOX7~7

Baltimore, MD 21279-0007EIN# 53-0190321Plesse cantllet NACo forquestions about this charg·202.942.4283/ Fax 202.661.

:;.etHlj .~~ '_,:.:.ilr./· .. '; r::;~··!'···'.: ~

(',"~urj',!':: ,~, ',J",!.,

$1,077.00

DESCRIPTION

County Membership DuesJanuary 01. 2008 - December 31,2008

The NACo Board of Directors has approved a dues freeze for 2008.The enclosed dues reflect the same amount as in 20071

DATE =r~=~- AMOUN~__

II

NACo membership is a tremendous value l Check out NACo's membersjonly section of the web site at www.naco.org or call us at '202-393-NACo (6226) to see the many ways that NACo membership Isaves you money, time and resources including the new Prescription IDrug Program and Grants Clearinghouse. NACo has even made allpublications free to members! NACo's nationally bid cooperativepurchasing programs can save members much more than their dues Iwith just one purchase, but NACo also offers County News, iConferences, Research, Training and so much more. I

If you need additional information about your invoice. please contact IEmily Landsman, NACo's Membership Coordinator at (202) 942-4242. I

i1 Less Amount Pre-Paid I $0.00

.--..----. _ .._-_._.--_...._.--_._-.._-.- L~()TA_L±- !i,~~7:oo--=--=

PLEASE RETURN BonOM PORTION WITH PAYMENT

12023 DATE:

INVOICE #:

9/24/2007

5-000016164Columbia CountyP.O. Box 1529Lake City, FL 32056-1529

$1,077.00

NACoP.O. BOX 79007BALTIMORE, MD 21279-0007

1•• 1.111111 •• 1.1111111.1,,1111I1111.11111111.1111.11

October 2, 2007

Board of County CommissionerPost Office Box 1529Lake City, Florida 32056

Re: Graylin Wayne McKelium703 NE Gurley AvenueLake City, Florida 32055Date Expired: 9/27/07

Dear Commissioners:

I would like to request assistance from the County for burial of my father, Graylin WayneMcKellum, who died on September 27,2007. He was born and resided inColumbia County all of his life. His social security number is . I don't haveany life insurance or any funds for burial.

Your consideration of this request would be greatly appreciated.

fl. '1- i /H j). ~/, \ ,,' ,Sincerely" :' J_ )1 j t'· '/!, ;~/ ':'1 '

7' " I './ . I _-.--". I - /'- ..y

609 Quail LaneMaCClenny Florida 32063904-259-1636

.....

l'Recipient's Name.!

!'~,

~1

Organization:1

Board of County Commissioners

Fax Number':I

~,Telephone Number

,~

iDate'; October 3, 2007

iBurialj Subject Graylin W. McKellum, Indigent

"1',1

-I Total Number of Pages:

v ............ , ...~

,.,~.", .f

-;\) 'f ,/'~ ,r "",;4.1 ..n "1J¥.'__V' 'L·t..'{J.,j ~/~/j-/. ,11 ./

1~1~,I

;1 Willis O. Cooper L.F.D~251 N.E. Washington Street

11 Lake City, Fla~! 32056-2237';~ Phone (386) 752-3566jFax (386) :752-j567

.:/Ji{f

o PIcaseComment GJ For Your Recordso ReplyASAP

II

IIi/O Urgent4~

.ij' C'"\"'ltl~"';->'-""~ '. j~ oe. .. _ :1 ~ •

.iJ!j;/ Removal, Embalming, Casket and Professional Services~ !;,;; Total .•........ $500.00

·1}!

II

303m of ,":O'.. i·;\ '.: >j(,~,f'I S:,,,) , eo.:C'Olu r'··b'3. 1.~.OII -',

~1ric1 No. 1 . ROI\lIld Wdl"""Oittnr;l No. 2 . o.wey Wuve,Dislric1 No. 3 -G~ SkinnefDislric1 No.•. Slll)hen E. BaileyDi5lrict No. 5 . ENzabllh Po"I'

"''''''' """""""2001-2008

NOKIIU: 07-0J

FUlID, GXNERAL

....CASII BALAlK:8 FORWARD001.8400.584.90.98

roGEN!:RAL FUND001.1200.572.80.10

.""m"U5.261.00

OESCRlPTlON, BIUNGING FY 06/07 ANNUAL CONTRACTURAL FUNDS FORWARDTO FY 07/08

REf'El»ICE: YUNDS TO BE USED roll. UPGRADES '!'O THE PARK '- EQUIPMENTKAlHTBNANC£

,.,.... '. ,~,.......,,., ",~ I'. , .,

PO FlOX ' ....,., • •

Q;SIrie! No.1· Ronald WilhlllTllt.IIIll1Cl NQ. 2 • o-.y Wea~.r

OillflCl No. 3 .~ Sl<innerCMlrict No. -4 • SIIJ'hlfl E. BailoIyD!sl"cr No. 5 . E~zabelh Pon...

."""" """"""'"200]-2008

IIlIKIEl' 07-01

'UND, KSBU

CASH '"LANCE FORWARD102.8400.584.90.98

ro

EQUIPMENT PURCHASES102.3390.529.60.64

,..,.,,,$11,937.00

OESCUPTION, BRING FY 06/07 CAPITAL OUTLAY FORWARD TO FY 07/08

llEntENCE, SOFTWARE INSTALLATION FOR CODE ENFORCEMENT DEPT.

.. , •• ,., ,,4 ,.,' •. ,

y. '" I.'.' .,

• •

OiSI.O;t No.1· RonIlld WiIwImsDIStrICt No. 2· Dewey We__

o;suicl No.3· G-ve SlJnne.o;slliet No. •• Stephen E. BaPleyo;slnCl No. 5 • Ehabelto Pone.

om,mT """"""'"

2007-2008

IWKBU: 01-02

ro

CASH BALANCE FORWARD401.8400.584.90.98

LANDFILL401.3400.534.60.64

$142.911.00

D~R.lPTIlJf(, BRINGiNG FY 06/01 EQUIPN£HT PURCHASIS BALANCE fORWARD'1'0 FY 07/08

1U!l'UDICt: INSTALLATION OF OFF-SU'E NEW WELL' PIPELINE FORLANDFILL

... ' .. '.;', .. ~, ....",.,....., "r.,.' "'

• • f,",tlf ~..) ",', ".",

COLUMBIA COUNTY EMERGENCY MEDICAL SERVICESP.O. BOX 2949

LAKE CITY, FL 32056(386) 752-8787 *FAX (386) 719-7498

To: Board of County Commissioners

Fr: Vicky Simmons

Dt: October I, 2007 V-.Re: Refund Request

Due to BeBS processing payment prior to the primary carrier, on behalf ofMedicare, anoverpayment has occurred on the account below. Please issue a check in the amount of$490.25 to:

BCSSP.O. Box 61147Jacksonville, FL 32236-1147

Schreifels, MelbaRl2809405

Date of Service04/10/2007

Amount$490.25

Thank you in advance for your cooperation.

Contract Number: 08-BG-24-03-22-Q 1-__CSFA Number: 52008

CFDA Number: 97.042

STATE AND FEDERALLY-FUNDED SUBGRANT AGREEMENT

THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency

Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and

Columbia County. (hereinafter referred to as the "Recipienr).

THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:

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 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 hereinafter set forth; and

C. WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under

this Agreement.

NOW, THEREFORE, the Division and the RecipIent do mutually agree as follows:

(1) SCOPE OF WORK.

The Recipient shall fully perform the obligations in accordance with the Budget,

Attachment A, and Scope of Work, Attachment B and B-1, of this Agreement.

(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES

Both the Recipient and the Division shall be governed by applicable State and Federal

laws, rules and regulations, including but not limited to those identified in Attachment C.

(3) PERIOD OF AGREEMENT.

This Agreement shall begin October 1, 2007 and shall end September 30, 2008, 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 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. Notwithstanding the foregoing, any budget

changes which do not increase the overall cost of the project or change the Scope of Work do not require

a written modification to this Agreement.

(5) RECORDKEEPING

(a) As applicable. Recipient's performance under this Agreement shall be subject to the

federal Common Rule: UnIform Administrative ReqUirements for State and Local Governments" (53

Federal Register 8034) or OMB Circular No. A~110, RGrants and Agreements with Institutions of High

Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A~87, "Cost

Principles for State and Local Governments," OMS Circular No. A-21, "Cost Principles for Educational

Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement

is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be

sUbject to Federal Acquisition Regulations 31.2 and 931.2.

(b) The Recipient shall retain sufficient records demonstrating its compliance with the

terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds

provided 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. Chief Financial Officer. or Auditor General access to such records

upon request. The Recipient shall ensure that audit working papers are made available to the Division

designee, Chief Financial Officer, 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 Division the following exceptions:

1. If any litigation, claim or audit is started before the expiratk>n 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.

3. Records relating to real property acquisition shall be retained for five years

after closing of title.

(c) The Recipient shall maintain all records for the Recipient and for aU subcontractors or

consultants to be paid from funds provided under this Agreement, Including supporting documentation of

all program costs, in a form sufficient to determine compliance with the requirements and objectives of the

Budget, Attachment A, and Scope of Work - Attachment B and B-1, 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 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

Division.

(6) AUDIT REQUIREMENTS

For Federal Funds:

(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 Division. "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.

2

(c) The Recipient shall also provide the Department and/or 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 State or local govemment or a non-profit organization as defined

in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in

Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in

accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement

indicates Federal resources awarded through the Division by this Agreement. In determining the Federal

awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards. The

determination of amounts of Federal awards expended should be In accordance with the gUidelines

established by OMS Circular A-133, as revised. An audit of the Recipient conducted by the Auditor

General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements

of this paragraph.

In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient

shall fulfill the requirements relative to auditee responsibilities as provided In Subpart C of OMS Circular

A-133, as revised.

If the Recipient expends less than $500,000 In Federal awards In its fiscal year, an audit

conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the

event that the Recipient expends less than $500,000 In Federal awards in its fiscal year and elects to

have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of

the audit must be paid from non-Federal resources (Le., the cost of such audit must be paid from

Recipient resources obtained from other than Federal entities).

(e) Copies of reporting packages for audits conducted in accordance with OMB Circular

A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section

.320 (d), OMS Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following:

Department of Community Affairs

Office of Audit Services

2555 Shumard Oak Boulevard

Tallahassee, Florida 32399-2100

[an electronic copy shall also be submitted to [email protected]]

and

Division of Emergency Management

Bureau of Policy and Financial Management



3

The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies

required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the

Federal Audit Clearinghouse), at the following address:

Federal Audit Clearinghouse

Bureau of the Census

1201 East 10th Street

Jeffersonville, IN 47132

Other Federal agencies and pass-through entities In accordance with Sections .320 (e) and (f), OMB

Circular A-133, as revised.

(f) Pursuant to Section .320 (0, OMB Circular A-133, as revised, the Recipient shall

submit a copy of the reporting package described in Section .320 (c), OMS Circular A-133. as revised,

and any management letter Issued by the auditor, to the following addresses:





[an electronic copy shall also be submitted to [email protected]]

and





(g) Any reports, management letter, or other information required to be submitted to the

Department and the Division pursuant to this Agreement shall be submitted timely In accordance wIth

OMS Circular A-133, Florida Statutes. and Chapters 10.550 (local governmental entities) or 10.650

(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.

(h) Recipients, when submitting financial reporting packages to the Department and the

Division for audits done In accordance with OMB Circular A-133 or Chapters 10.550 (local governmental

entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate

the date that the reportIng package was delivered to the Recipient in correspondence accompanying the

reporting package.

(i) 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 Division of all funds not spent in accordance with these applicable

4

regulations and Agreement provisions within thirty (30) days after the Department or the Division has

notified the Recipient of such non-compliance.

G) The Recipient shall have aU audits completed by an independent certified public

accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under

Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted

above. The audit must be submitted to the Department and the Division no later than nine (9) months

from the end of the Recipient's fiscal year.

For State Funds:

(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 Division. "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 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 nonstate entity as defined by Section 215.97, Florida Statutes,

it shall comply with the following:

In the event that the Recipient expends a total amount of State financial assistance equal to or in

excess of $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, Florida Statutes; applicable rules of

the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local government

entities) or 10.650 (nonprofrt and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this

Agreement indicates State financial assistance awarded through the Division by this Agreement. In

detennining 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 Division, other state

agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass

through awards and resources received by a nonstate 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(7), Florida Statutes. This

includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and

5

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, Florida Statutes, 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, Florida Statutes,

the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must

be paid from the Recipient's resources obtained from other than State entitles. Additional information on

the Florida Single Audit Act may be found at the following website:

http://www.state.f1.us/fsaa/statutes.html.

(e) Report Submission

1. The annual financial audit report shall include all management letters

and the Recipient's response to all findings, including corrective actions to be taken.

2. The annual financial audit report shall include a schedule of financial

assistance specifically Identifying all Agreement and other revenue by sponsoring agency and

Agreement number.

3. Copies of financial reporting packages required under this Paragraph 6 shall be

submitted by or on behalf of the Recipient directly to each of the following:





An electronic copy shall also be submitted to the above office at the following address:

aurilla [email protected].

and





6

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 and the Division pursuant to this Agreement shall be submitted timely in accordance with

OMS Circular A-133, Florida Statutes, and Chapters 10.550 (local govemmental entities) or 10.650

(nonprofit and for-profrt organizations), Rules of the Auditor General, as applicable.

5. Recipients, when submitting financial reporting packages to the

Department and the Division for audits done in accordance with OMS Circular A-133 or Chapters 10.550

(local governmental ent/ties) 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) 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 Division of all funds not spent in accordance with these applicable

regulations and Agreement provisions Within thirty (30) 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, Florida Statutes by an independent certified pUblic accountant (lPA) who shall either be

a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The

IPA shall state that the audit complied with the applicable provisions noted above.

(7) REPORTS

(a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with

a close-out report. These reports shall include the current status and progress by the Recipient and all

subreclpients and subcontractors in completing the work described in the Scope of Work and the

expenditure of funds under this Agreement, in addition to such other infonnation as requested by the

Division.

7

(b) Quarterly reports are due to be received by the Division no later than 30 days after

the end of each quarter of the program year and shall continue to be submitted each quarter until

submission of the administrative close-out report. The ending dates for each quarter of the program year

are March 31, June 3D, September 30 and December 31.

(c) The close-out report is due forty-fIVe (45 days) after termination of this Agreement or

upon completion of the activities contained in this Agreement, whichever first occurs.

(d) if all required reports and copies, prescribed above, 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 such other action as set forth In Paragraph (11)

REMEDIES. "Acceptable to the Division" means that the work product was completed In

accordance with the Budget and Scope of Work.

(e) The Recipient shall provide additional reports and Information as identified in

Attachment D (such additional program updates, reports or information as may be required by the

Division).

(8) MONITQRING.

The Recipient shall monitor its performance under thIs Agreement, as well as that of its

subcontractors. subrecipients and consultants who are paid from funds provided under this Agreement, to

ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified

time periods, and other performance goals stated in this Agreement are achieved. Such review shall be

made for each function or activity set forth in Attachment B and B-1 to this Agreement, and reported in the

semi-annual and end of the year progress reports.

In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and

Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS. above ), monitoring procedures

may include, but not be limited to, on-site visits by Division 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 all monitoring procedures/processes deemed appropriate by the

Division. In the event that the Division determines that a limited scope 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 Comptroller 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 )n Section 768.28, Fla.

Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms

of this agreement, and shall hold the Division harmless against all claims of whatever nature by third

8

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 Division, but is an independent contractor.

(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,

Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its

negligent acts or omissions or tortious acts which result in claims or suits against the Division, 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.

(10) DEFAULT.

If any of the following events occur ("Events of Default"), all obligations on the part of the

Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the

Division may, at its option, exercise any of its remedies set forth In Paragraph (11), but the Division 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:

(a) If any warranty or representation made by the Recipient in this Agreement or any

previous Agreement with the Division shall at any time be false or misleading In any respect, or if the

Recipient shalf fail to keep. observe or perform any of the obligations, terms or covenants contained in

this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or

is unable or unwilling to meet Its obligations thereunder;

(b) If any material adverse change shall occur in the financial condition of the Recipient

at any time during the term of this Agreement, 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 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 In timely fashion any of its

obligations under this Agreement.

(11) REMEDIES.

Upon the happening of an Event of Default, then the Division may, at its option, upon

thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure

within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently

or consecutively:

(a) Terminate this Agreement, provided that the Recipient is given at least thirty (30)

days prior written notice of such termination. The notice shall be effective when placed in the United

9

States mail, first class mail. postage prepakl, by registered or certified mall-return receipt requested, to

the address set forth in paragraph (13) herein;

(b) Commence an appropriate legal or equitable action to enforce performance of this

Agreement;

(c) Withhold or suspend payment of all or any part of a request for payment;

(d) Exercise any corrective or remedial actions, to include but not be limited to:

1. requesting additional information from the Recipient to determine the reasons

for or the extent of non-eompliance or lack of performance,

2. issuing a written warning to advise that more serious measures may be taken

if the situation is not corrected,

3. advising the Recipient to suspend, discontJnue or refrain from Incurring costs

for any activities in question or

4. requiring the Recipient to reimburse the Division for the amount of costs

incurred for any items determined to be Ineligible;

(e) ReqUire that the Recipient return to the Division any funds which were used for

ineligible purposes under the program laws. rules and regUlations goveming the use of funds under this

program.

(f) Exercise any other rights or remedies which may be otherwise available under

law.

(g) The pursuit of anyone of the above remedies shall not preclude the Division from

pursuing any other remedies contained herein or otherwise provided at law or In equity. No waiver by the

Division 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 Division hereunder.

or affect the subsequent exercise of the same right or remedy by the Division for any further or

subsequent default by the Recipient.

(12) TERMINATION.

(a) The Division 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.

(b) The Division may terminate this Agreement for convenience or when it determines, in

its sole discretion, that the continuation of the Agreement would not produce beneficial results

10

commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar

days prior written notice.

(c) 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.

(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 notmcation of

termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after

the date of receipt of notfce of the termination will be disallowed. Notwithstanding the above. the

Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the

Recipient. The Division 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 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, certmed mail. return receipt requested, to the representative identified below

at the address set forth below and said notification attached to the original of this Agreement.

(b) The name and address of the Division contract manager for this Agreement is:

Wendy StewartFlorida Division of Emergency Management2555 Shumard Oak BoulevardTallahassee, Florida 32399-2100Telephone: 850-922-7447Fax: 850-488-7842Email: [email protected]

(c) The name and address of the Representative of the Recipient responsible for theadministration of this Agreement is:

Dale WilliamsPO Box 1529Lake City Florida 32056Telephone: 386-758-1005Fax: 386-758-2182Email: [email protected]

(d) In the event that different representatives or addresses are designated by either party

after execution of this Agreement. notice of the name, title and address of the new representative

will be rendered as provided in (13)(a) above.

11

(14) SUBCONTRACTS

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 Division for review within ten (10) days of

execution. 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 (ill) the subcontractor shall hold the Division and Recipient hannless

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. Each subcontractor's progress

in performing Its work under this Agreement shall be documented In the quarterly report

submitted by the Recipient.

For each subcontract, the Recipient shall provide a written statement to the Division as to

whether that subcontractor Is a minority vendor, as defined in Section 288.703, Fla. Stat..

(15) TERMS AND CONDITIONS

This Agreement contains all the terms and conditions agreed upon by the parties.

(16) ATTACHMENTS

(a) All attachments to this Agreement are incorporated as if set out fully herein.

(b) In the event of any inconsistencies or conflict between the language of this

Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to

the extent of such conflict or inconsistency.

(c) This Agreement has the following attachments:

Exhibit 1 - Funding Sources

Attachment A - Budget

Attachment B and B-1 - SCope of Work

Attachment C - Program Statutes, Regulations and Program Requirements

Attachment D - Reports

Attachment E - Justification of Advance

Attachment F - Warranties and Representations

Attachment G - Certification Regarding Debarment

Attachment H - Statement of Assurances

12

(17) FUNDING/CONSIDERATION

(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for

costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $102,959

subject to the availability of funds.

(b) By its execution of this Agreement, the Recipient authorizes the Division to pay on its

behalf $2,847 for the recurring charges for the satellite communications service from the total allocation

provided to Recipient of $105,806.

(c) Any advance payment under this Agreement is subject to Section 216.181(16),

Fla.Stat., and Is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph

(12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash

needs of the Recipient within the first three (3) months of the contract term. For a federally funded

contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash

Management Improvement Act of 1990. If an advance payment is requested, the budget dala on which

the request is based and a justification statement shall be Included In this Agreement as Attachment E.

Attachment E will specify the amount of advance payment needed and provide an explanation of the

necessity for and proposed use of these funds.

1. .X No advance payment is requested.

2. An advance payment of $ is requested.

(c) After the initial advance, if any, payment shall be made on a quarterly reimbursement

basis. Additional reimbursement requests in excess of those made quarterly may be approved by the

DivIsion for exceptional circumstances. An explanation of the excepllonal circumstances must

accompany the request for reimbursement. The Recipient agrees to expend funds in accordance with the

Budget, Attachment A, and Scope of Worn, Attachment 8 and 8-1 of this Agreement.

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 Chief Financial Officer, State Office of Planning and Budgeting and

Budgeting or the Federal Office of Management and Budgeting, all obligations on the part of the Division

to make any further payment of funds hereunder shall terminate, and the Recipient shall submit Its

closeout report within thirty (30) days of receipt of notice from the Division.

The amount of funds available pursuant to this rule chapter (Rule Chapter 9G-19.011, Florida

Administrative Code) may be adjusted proportionally when necessary to meet any matching requirements

imposed as a condition of receiVing federal disaster relief assistance or planning funds.

Any requests received after November 1,2008, may, in the discretion of the Division, not be

reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile

transmission.

13

Changes to the amount of funding to be provided may be accomplished by notice from lhe

Division to the Recipient, in the form of certified mail, return receipt requested. The Division may make an

award of additional funds by subsequent Award Letter certified mail, return receipt requested. These

additional funds may be accepted by the Emergency Management Director or the Recipient's contact

identified in Paragraph (13), above. Should the Recipient determine it does not wish to accept lhe award

of additional funds, then the Recipient shall provide notice to the Division contact within thirty (30) days of

receipt of the Award Letter. Otherwise, the Recipient shall provide to the Division its written notice of

acceptance within forty-fIVe (45) days of receipt of the Award Letter. The terms of this Agreement shall be

considered to have been modified to include the additional funds upon the Division's receipt of the written

notice of acceptance and receipt of a budget form which details the proposed expenditure of the

additional funds. The budget form will be provided by the Division when the offer of additional funds Is

made.

All funds received hereunder shall be placed in an interest-bearing account with a separate

account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the

Recipient by the Division that are not expended in implementing this program

shall be returned to the Division, along with any Interest earned on all funds received under this

Agreement, within ninety (90) days of the expiratlon of the award Agreement.

The Recipient shall comply with all applicable procurement rules and regUlations in securing

goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted,

the Recipient shall utilize competitive procurement practices.

Allowable costs shall be determined in accordance with applicable Office of Management and

Budget Circulars, or, In the event no circular applies, by 48 CFR Part 31 CONTRACT COST

PRINCIPLES AND PROCEDURES.

At a minimum, the Recipient shaIJ continue to prOVide other funding for the Recipient's

Emergency Management Agency at an amount equal to either: (1) the average of the previous

throe years' level of county general revenue funding of the Recipient's Emergency Management

Agency; or (2) the level of funding for the Recipient's Emergency Management Agency for the last

fiscal year, whichever figure Is lower (Rule 9G·19.011, Florida Administrative Code). Recipient's

general revenue fundIng for 911 services, emergency medical services, law enforcement, criminal

justice, public works or other services outside the local emergency management agency as

defined by SectJon 252.38, Florida Statutes, shall not be Included In determining the "level of

county funding of the Recipient's Emergency Management Agency." The Recipient shall certify

compliance with Rule Chapter 9G.19, Florida Administrative by Its execution of this Agreement,

and as a condition precedent to receipt of funding.

14

Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar

from non-federal funds.

Should the Recipient wish to carry forward into the fiscal year beginning October 1, 2008 any unspent

funds awarded under this Agreement, the Recipient must request such carry forward of funds in writing

with accompanying documentation detailing the exceptional circumstances requiring the need to the

Division by June 3D, 2008. At the Division's discretion, an amount not to exceed an amount equal to 25%

of the initial amount awarded ($105,806) may be carried forward under this Agreement. Failure to timely

submit information, or failure to submit complete information. may result in the denial of a request to carry

funds forward. Any carry forward amounts approved will be added to the Recipient's base Agreement for

the following year. Funds may not be carried forward for the purpose of paying salaries and benefits of

regular or Other Personal Services personnel. Such salaries and benefit funds may be carried forward to

cover contractual or other temporary personnel costs for non-recurring projects only.

All payments relating to the Agreement shall be mailed to the following address:

Columbia County Board of Commissioners

PO Box 1529

Lake City, Florida

32056

(18) REPAYMENTS

All refunds or repayments to be made to the Division 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:


Cashier

Finance and Accounting


Tallahassee FL 32399-2100

In accordance with Section 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.

15

(19) VENDOR PAYMENTS.

Pursuant to Section 215.422, Fla. Stat., the Division 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 Division 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) 413-5516.

(20) STANDARD 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 subsequent submission or response to Division 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 Division and

with thirty (30) 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 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) Any power of approval or disapproval granted to the Division 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 seq.), 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

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

16

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 fist.

(g) With respect to any Recipient which is not a local govemment or state agency,

and which receives funds under this Agreement from the federal government, by signing this Agreement,

the Recipient certifies. to the best of its knowledge and belief, that it and its principals:

1. are not presently debarred, suspended, proposed for debarment. declared

ineligible. or voluntarily excluded from covered transactions by a federal department or agency;

2. have not, within a five-year period preceding this proposal been convicted of

or had a civil JUdgment rendered against them for commission of fraud or a criminal offense in connection

with obtaining, attempting to obtain, or perfonning 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

20(h)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.

Where the Recipient Is unable to certify to any of the statements in this certification, such

Recipient shall attach an explanation to this Agreement.

In addition, the Recipient shall submit to the Division (by email or by facsimile transmission) the

completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"

(Attachment G) for each prospective subcontractor which Recipient intends to fund under this Agreement.

Such form must be received by the Division prior to the Recipient entering into a contract with any

prospective 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.

(j) If otherwise allowed under this Agreement, all bills for any travel expenses shall

be submitted in accordance with Section 112.061, Fla. Stat.

(k) The Division 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.

17

(I) If the Recipient is allowed to temporarily invest any advances of funds under this

Agreement, any interest income shall either be returned to the Division or be applied against the

Division's obligation to pay the contract amount.

(m) The State of Florida will not intentionally award publicly-funded contracts to any

contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment

provisions contained in 8 U.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 such meetings shall be publicly

noticed, open to the pUblic, and the minutes of all such meetings shall be public records, available to the

public in accordance with Chapter 119, Fla. Stat.

(0) Unless inconsistent with the public interest or unreasonable in cost, all

unmanufactured and manufactured articles, materials and supplies which are acquired for public use

under the Agreement must have been produced in the United States as required under 41 U.S.C. 10a.

(p) This Agreement may not be renewed or extended.

(21) LOBBYING PROHIBITION

(a) No funds or other resources received from the Division in connection with this

Agreement may be used directly or indirectly to influence legislation or any other official action by the

Florida Legislature or any state agency.

(b) The Recipient certifies. by its signature to this Agreement, that to the best of his or

her knowledge and belief:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf

of the undersigned, to any person for influencing or attempting to influence an officer or employee of any

agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of

Congress in connection with the awarding of any Federal contract. the making of any Federal grant, the

making of any Federal loan, the entering into of any cooperative agreement, and the extension,

continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative

agreement.

2. If any funds other than Federal appropriated funds have been paid or will be

paid to any person for influencing or attempting to influence an officer or employee of any agency, a

Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in

connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall

18

complete and submit Standard Fonn-LLL, "Disclosure Form to Report Lobbying,· in accordance with its

instructions.

3. The undersigned shall require that the language of this certification be included

in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts

under grants, loans, and cooperative agreements) and that all sUbrecipients shall certify and disclose

accordingly.

This certification is a material 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.

(22) 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 perfonned under this Agreement, or in any way connected herewith, the Recipient shall

refer the discovery or invention to the Owision 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 Division. 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

19

exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which

accrue during performance of the Agreement.

(23) 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.

(24) ASSURANCES.

The Recipient shall comply with any Statement of Assurances incorporated as Attachment H

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their

undersigned officials as dUly authorized.

RECIPIENT:

COLUMBIA COUNTY

BY:-----------------Name and title: _

Oate: _

SAMAS # FIO# _

STATE OF FLORIDA

DIVISION OF EMERGENCY MANAGEMENT

BY:-----------------Name and Title: W. Craig Fugate. Director

Oate: _

20

EXHIBIT1' -1

FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT

CONSIST OF THE FOLLOWING:

Federal Program -0- (Federal funds will be awarded at a later date)

COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED

PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:

Not applicable at this time. Federal funds will be awarded at a later date within this contract year.

STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF

THE FOLLOWING:

SUBJECT TO SECTION 215.97, FLORIDA STATUTES:

State Project (I/st State awarding agency, Catalog ofState Rnancial Assistance title and numbet)

State Awarding Agency: Division of Emergency Management

Catalog of State Financial Assistance Title: Emergency Management Programs

Catalog of State Financial Assistance Number:~

State Financial Assistance: $105,806 (less $2,847 for satellite seNlee for 12 months)

COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO

THIS AGREEMENT ARE AS FOLLOWS:

Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida Administrative Code.

21

Attachment A

Budget

The anticipated expenditures for the Categories listed below are for the Emergency Management

Preparedness and Assistance (EMPA) State portion of this subgrant only (Paragraph (17)(a),

FUNDING/ CONSIDERATION). A separate bUdget form for the Emergency Management

Performance Grant (EMPG) portion of this subgrant will be provided when federal funds are

awarded by the Division

Category

Salaries/Fringe Benefits

Other Personal ServIces

Expenses

Operating Capital Outlay

Fixed Capital Outlay

Total State Funds

{Page 13)

Anticipated EXpenditure Amount

$-----------

$------------

$-----------

$-----------

$------------

$-----------

22

Attachment B and B-1

Scope of Work

Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is

intended to enhance county emergency management plans and programs that are consistent with the

State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 9G-6, Florida

Administrative Code and Chapter 252, Florida Statutes). This Scope OfWOfk recognizes that each

recipient is at 8 varying level of preparedness, and it is understood that each county has a unique

geography, faces unique threats and hazards, and serves a unique population.

In order to receive base grant funding, the Recipient must certify that it wfll use the award to enhance its

Emergency Management Program.

As a condition of receiving funding pursuant to this Agreement, the Recipient shall complete the work items

approved by the Division and attached hereto as Attachment B-1. Subsequent revisions during the term of

this Agreement shall done by written modification in accordance with Paragraph (4) of this Agreement.

23

Attachment C

Program Statutes, Regulations, and Program Requirements

Program Statutes

1. Chapter 252, Florida Statutes

2. Rule Chapters 9G-B, 9G-11, 9G-19 and 9G-20, Florida Administrative Code

3. Section 215.97, Florida Statutes




7. OMS Circular A-87

8. OMS Circular A-133

9. 48 CFR, Part 31

Program ReqUirements

(1) EqUIPMENT AND PROPERTY MANAGEMENT

The Recipient acknowledges the completed installation of a Hughes Network Systems, Inc.,

Personal Earth Station and related eqUipment (hereinafter "the Equipment").

The Recipient acknowledges and agrees to comply with applicable terms and conditions of: (1)

the State of Florida Lease/Purchase Agreement, dated October 1994, executed between Hughes

Network Systems, Inc. ("HNS"), and the Division, (a copy of which is available from the Division)

regarding the procurement and use of the EqUipment; and (2) the Services Agreement Between

Hughes Network Systems, Inc., and the State of Florida, dated January 1995, (a copy of which is

available from the Division) (hereinafter, collectively, "the HNS Agreements") regarding the

operation of an interactive satellite communications service for the Division, the Recipient and

other sites. In particular, the Recipient agrees:

A. That any reports of problems wHh the Equipment or system, trouble reports, and any requests

for repairs, service, maintenance or the like, shall be communicated directly and exclusively to

24

the Division's State Warning Point (SWP) (850)

413-9910.

B. That the Recipient will assist and comply with the instructions of the SWP and any

technical service representative responding to the report or service request. Recipient's

personnel shall cooperate with and assist service representatives, as required. for

installation, troubleshooting and fault isolation, with adequate staff.

C. That the Recipient shall not change, modify, deinstall, relocate, remove or alter the

Equipment, accessories, attachments and related items without the express written

approval of the Division.

D. That the Recipient shall provide access, subject to reasonable security restrictions, to the

Equipment and related areas and locations of the Recipient's facilities and premises, and

will arrange permitted access to areas of third-party facilities and premises for the purpose

of inspecting the Equipment and performing work related to the Equipment. Service

representatives and others performing said work shall comply with the Recipient's

reasonable rules and regulations for access, provided the Division is promptly furnished

with a copy after execution of this Agreement. The Recipient shall provide safe access to

the Equipment and will maintain the environment where the Equipment is located in a safe

and secure condition. The Recipient shall provide service representatives with access to

electrical power, water and other utilities, as well as telephone access to the Recipient's

facility as required for efficient service.

E. That the Recipient shall take reasonable steps to secure the Equipment and to protect the

Equipment from damage, theft, Joss and other hazards. This shall not obligate the

Recipient to procure insurance. The Division agrees to procure and maintain all risks

Insurance coverage on the Equipment. The Recipient agrees to refrain from using or

dealing with the Equipment in any manner which is inconsistent with the HNS Agreements,

any policy of insurance referred to in the HNS Agreements, and any applicable laws, codes

ordinances or regulations. The Recipient shall not allow the Equipment to be misused,

abused, wasted, or allowed to deteriorate, except normal wear and tear resulting from its

intended use. The Recipient shall immediately report any damage, loss, trouble, service

interruption, accident or other problem related to the Equipment to the SWP, and shall

comply with reasonable instructions issued thereafter.

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F. That any software supplied in connection with the use or installation of the equipment is

subject to proprietary rights of Hughes Network Systems, Inc., and/or HNS's vendor(s)

and/or the Division's vendor(s). The use of one copy of said software is subject to a

license granted from HNS to the Department, and a sublicense from the Division to the

Recipient, to use the software solely In the operation of the Equipment, to commence on

delivery of the software to the Recipient and to last for the term of the HNS Agreements.

The Recipient shall not: (i) copy or duplicate, or permit anyone else to copy or duplicate,

any part of the software, or (ii) create or attempt to create, or permit others to create or

attempt to create, by reverse engineering or otherwise, the source programs or any part

thereof from the object programs or from other information provided in connection with the

Equipment. The Recipient shall not, directly or indirectly, sell, transfer, offer, disclose,

lease, or license the software to any third party.

G. To comply with these provisions until the termination of the HNS Agreements.

H. The amounts retained for the satellite service cover the Initial order for services provided to

the Division pursuant to the services agreement between Hughes Network Systems and

the State of Florida. The charge does not cover maintenance, repair, additional equipment

and other services not part of the initial order for services. The service charge covers only

the remote corrective maintenance specified in paragraph 4.3 of the Service Agreement

with HNS and does not cover other maintenance, repair, additional equipment and other

services not part of the initial order for services. In partk:ular, the service charge does not

cover:

1. Maintenance, repair, or replacement of parts damaged or lost through catastrophe,

accident, lightning, theft, misuse, fault or negligence of the Recipient or causes

external to the Equipment, such as, but not limited to, failure of, or faulty, electrical

power or air conditioning, operator error, failure or malfunction of data

communication Equipment not provided to the Recipient by the Division under this

Agreement, or from any cause other than intended and ordinary use.

2. Changes, modifications, or alterations in or to the Equipment other than approved

upgrades and configuration changes.

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3. Deinstallation, relocation, or removal of the Equipment or any accessories,

attachments or other devices.

The Recipient shall be independently responsible for any and all charges not part of the initial service

order.

(2) NAWAS

In the event the Recipient desires to continue use of the National Warning System

(NAWAS) line, then the Recipient shall assume all operational and fiscal responsibility for the NAWAS line

and equipment in the County.

(3) VEHICLES

Written approval from the Director of the Division of Emergency Management must be

obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the

absence of such approval, the Division has no obligation to honor such reimbursement request. Any trade

in or resale funds received relating to any vehicle purchased under this subgrant is program income and

must be applied toward the Recipient's Emergency Management Preparedness and Assistance (EMPA)

Base Grant expenditures.

(4) PROPERTY MANAGEMENT/PROCUREMENT

(a) The recipient shall comply with applicable procurement rules and regulations in securing goods

and services to implement the Scope of Work. Wherever required by law or otherwise permitted, the

Recipient shall utilize competitive procurement practices.

(b) Allowable costs shall be determined in accordance with Office of Management and Budget

Circular A-102 - Common Rule.

(c) Recipient agrees to use any equipment purchased under the terms of this Agreement

for the purpose for which it was intended.

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(d) Equipment purchased under the terms of this Agreement shall remain the property of the

Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and

procedures and applicable federal policies and procedures.

(5) CERTIFICATIONS

(a) By its execution of this Agreement, the Recipient certifies that it is currently in full

compliance with the Rule Chapters 9G-6, 9G-11, and 9G-19, Florida Administrative Code, Chapter 252,

Florida Statutes, and appropriate administrative rules and regulatlons that guide the emergency

management program and associated activities.

(b) The Recipient certifies that funds received from the Emergency Management, Preparedness

and Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds from

one program under the Trust Fund be used to match funds received from another program under the Trust

Fund. The Recipient further certifies that EMPA funds shall not be expended for 911 services, emergency

medical services, law enforcement, criminal justice, fire service, public works or other services outside the

emergency management responsibilities assigned to the Recipient's Emergency Management Agency,

unless such expenditure enhances emergency management capabilities as expressly assigned in the local

Comprehensive Emergency Management Plan (CEM?).

(c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid

Agreement (SMAA).

(d) By its signature, the Recipient reaffirms its certification to employ and maintain a full-time

Director consistent with Rule 9G-19.002(6), Florida Administrative Code.

6) OTHER CONDITIONS

(a) As a further condition of receiving funding under this Agreement, follOWing full or partial County

Emergency Operation Center activation at a level equivalent to a State Emergency Operation Center level

two (2) or above dUring the period of this Agreement, then the Recipient shall, within forty-five (45) days

following the conclusion of the activation, evaluate the performance of all elements of the local emergency

management program during that activation, and provide a written after action report to the Division.

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(b) Funds may not be used for items such as door prizes and gifts. Flyers and educational

information to educate the public about the Emergency Management Program is allowable.

(c) Food and beverages may be purchased for Emergency Management personnel and other

personnel only if the Recipient's Emergency Operation Center or field command office is in an activated

status and personnel receiVing food/beverage are on duty at either of these locations. Purchases may be

made only under (1) An Executive Order issued by the Governor or (2) a State of Emergency appropriately

declared by local officials In response to an emergency event or threat.

(d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new or

updated ordinances in effect which expressly address emergency management, disaster preparedness,

civil defense. disasters, emergencies or otherwise govern the activation of the local emergency

management program provided in s.252.38, Florida Statutes.

29

Attachment 0

Reports

A. The Recipient shall provide the Division with quarterly financial reports, semi-annual summary

progress reports prepared in conjunction with the Division's Area Coordinator, and a final cJose-out

report, all in a format to be provided by the Division.

B. Quarterly financial reports shall begin with the first quarter of the Recipient's fiscal year; are due to

the Division no later than thirty (30) days after the end of each quarter of the program year; and

shall continue to be submitted each quarter until submission of the final close-out report. The

ending dates for each quarter of this program year are December 31, March 31, June 30 and

September 30.

C. The final c1ose-out report is due forty-five (45) days after termination of this Agreement.

D. In addition to the above, in order to ensure compliance with Rule 9G-19.011, Florida Administrative

Code, historical budgetary information relating to the Recipient's Emergency Management Program

is also required. This informatlon shall be developed based on guidelines provided by the

Department and shall be submitted to the Division not later than December 31,2007. The

Historical Information form must be prepared and signed by an official of the County's Finance

Office.

E. In a format proVided by the Division, a proposed staffing summary shall be submitted to the

Division not later than December 31,2007.

F. If all required reports prescribed above are not provided 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 such other act/on as set forth in Paragraphs (10), (11) and (12), and Rule

9G-19.014, Florida AdmInistrative Code. ~Acceptable to the Division" means that the work product

was completed in accordance with generally accepted principles, guidelines and applicable law,

and Is consistent with the Scope of Work.

G. Upon reasonable notice, the Recipient shall provide such additional program updates or

information as may be required by the Division.

30

H. All report formats provided by the Division shall be made available to the Recipient on the

Division's Internet site and a hard copy will be mailed with a fully executed copy of the Agreement.

31

Attachment E

JUSTIFICATION OF ADVANCE PAYMENTRecipient:

Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment Isrequested, budget data on which the request is based must be submitted. Any advance payment under thisAgreement Is subject to s. 216.181(16)(a){b), Florida Statutes. The amount which may be advanced shall notexceed the expected cash needs of the recipient within the Initial three months.

I-------------------------------------------~I ,, ,:[ ] NO ADVANCE REQUESTED :, I------------------------------.No advance payment is requested. I,

I

Payment will be solely on a reimbursement 'I,

:[ ] ADVANCE REQUESTEDI

I

:Advance payment of$ is requested. Balance of'payments ""ill be made on a reimbursement basis. These funds are,'needed to pay staff, and purchase start-up supplies and equipment. We

:~?~~ ~~t_b: ~~l: ~o_o'p:r~t: .!l:e.?EC:~~ ~!~o~~ t!ll..s _a~~~:e.:. _

ADVANCE REQUEST WORKSHEET

If you are requesting an advance, complete the following worksheet

DESCRIPTION

1 INITIAL CONTRACT ALLOCATION2 FIRST THREE MONTHS CONTRACT

EXPENDITURES1

3 AVERAGE PERCENT EXPENDED IN FIRSTTHREE MONTHS(Divide line 2 by line 1.)

(A)FFY 2005

(8)FFY 2006

(C)FFY 2007

(D)Total

1 First three months expenditures need only be provided for the years In which you requested anadvance. If you do not have this information, call your consultant and they will assist you.

MAXIMUM ADVANCE ALLOWED CALULATION:

x $ _Cell 03 EMPA Award

(do not Include match)

32

=MAXIMUM ADVANCE

REQUEST FOR WAIVER OF CALCULA TED MAXIMUM

( ] Recipient has no previous EMPA contract history. Complete Estimated Expenses chart andExplanation of Circumstances below.

[ JRecipient has exceptional circumstances that require an advance greater than the MaximumAdvance calculated above.

Complete estimated expenses chart and Explanation of Circumstances below. Attachadditional pages If needed.

ESTIMATED EXPENSES

BUDGET CATEGORY 2007-2008 Anticipated Expenditures for First ThreeMonths of Contract

Salarles/OPS

Program Expenses

TOTAL EXPENSES

Explanation of Circumstances

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