Okaloosa County BOCC — January 19, 2016 — Bluewater Bay MSBU Agreement — reading text

appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, “Disclosure of Lobbing Activities.” 3. The Recipient shall require that this certification be included in the award documents for all sub-awards (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose. 12  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.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under subparagraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. 13  (23) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment C. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: OKALOOSA COUNTY By: Name and Title: Charles K. Windes, Jr., Chairman Date: FEID#: 59-6000765 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Bryan W. Koon, Director Date: 14  EXHIBIT – 1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: Federal Program: Federal Emergency Management Agency: Hazard Mitigation Grant Catalog of Federal Domestic Assistance Number: 97.039 Amount of Federal Funding: $97,680.00 THE FOLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • OMB Circular A-110 Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations • OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments • OMB Circular A-87 Cost Principles for State and Local Governments • OMB Circular A-21 Cost Principles for Educational Institutions • OMB Circular A-133 Audits of State, Local Governments, and Non Profit Organizations Commonly Applicable Statutes and Regulations • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities • Sections 1361(A) of the National Flood Insurance Act of 1968 (NFIA, or “the Act”), 42 U.S.C. 4104c, as amended by the National Flood Insurance Reform Act of 1994 (NFIRA), Public Law 103-325 and the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264 • Title 44 of the Code of Federal Regulations (CFR) • 44 CFR Part 80 Property Acquisition and Relocation of Open Space • 44 CFR Part 10 Environmental Considerations • 44 CFR Part 13 Uniform Administrative Requirements for Grants and cooperative Agreements to State and Local Governments • 31 CFR Part 205 Rules and Procedures for Funds Transfers Federal Program: List applicable compliance requirements as follows: 1. Recipient is to use funding to perform the following eligible activities: • Acquisition of hazard prone properties • Localized Minor Drainage Improvement 2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Recipient. . 15  Attachment A Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work (SOW) is to improve drainage for Okaloosa County, Florida; funded through the Hazard Mitigation Grant Program (HMGP), DR-4177-06-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Recipient, Okaloosa County shall conduct Phase I of this project, which includes the preliminary engineering designs and calculations, surveys, permitting, and notices. No construction activities are approved at this time. The Recipient shall complete the Phase I work in accordance with all applicable federal, state and local laws, regulations and codes. All Phase I activities and deliverables shall be completed and submitted to the Division prior to June 23, 2016. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the Recipient proposes to improve the drainage for the areas Southwind Drive, Dominica Way, Aruba Way and Curacao Way in Niceville, Florida 32578. The Phase I design shall implement measures to determine modifications needed to improve the drainage and alleviate flooding. Mitigation activities for phase I shall include: • A topographic survey of the drainage basin to confirm the basin boundaries, pipe invert elevations, inlet top elevations, and other drainage features. • A hydraulic study and recommended improvements to the drainage system to mitigate future flooding. • Designs and permitting. Phase II is expected to include a series of pipe replacement improvements in four separate locations. The work shall include removal of existing pipe and drainage structures as necessary, followed by the installation of new reinforced concrete pipes and inlets consistent with the upgrade recommendations of the hydraulic study. The improvements, when completed, shall minimize or eliminate future structural damage and provide protection to the surrounding properties in the area; minimize recurring flooding and reduce repetitive flood loss to properties. The completed project shall provide protection against a 25-year storm event. TASKS & DELIVERABLES: A) Tasks 1) The Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the Phase I Scope of Work as approved by the Division and FEMA. The Recipient shall select the qualified, licensed Florida contractor in accordance with the Recipient’s procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Recipient shall ensure that no contractors or subcontractors are debarred or suspended from 16  participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Recipient shall provide an executed “Debarment, Suspension, Ineligibility, Voluntary Exclusion Form” for each contractor and/or subcontractor performing services under this Agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Recipient. 2) The Recipient shall provide copies of professional licenses for contractors selected to perform services. The Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by selected contractor. The Recipient shall monitor and manage the Phase I portion of this project in accordance with the Hazard Mitigation Grant Program application and supporting documentation as submitted to the Division and subsequently approved by the Division and FEMA. The Division and FEMA shall render a Phase II determination upon completion of the review of Phase I deliverables. No construction activities are approved at this time. The Recipient shall ensure that all applicable state,