Okaloosa County BOCC — May 17, 2016 — Okaloosa HA Contract 2016-17 — reading text

(p) The Agreement may be charged only with allowable costs resulting from obligations incurred during the term of the Agreement. (q) Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the State. (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 12 connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this 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 Paragraph (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 H. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: Okaloosa County By:______________________________________ Name and title: Charles K. Windes, Jr., Chairman ____________________________ Date:_______________________ 59-6000765 FID# _________________________ STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT By:______________________________________ Name and Title: Jonathan Lord, Deputy Director, Florida Division of Emergency Management Date:____________________________________ 14  EXHIBIT – 1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE: If the resources awarded to the recipient for matching represent more than one Federal program, provide the same information shown below for each Federal program and show total State resources awarded for matching. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) - $ (amount) SUBJECT TO SECTION 215.97, FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State project, provide the same information shown below for each State project and show total state financial assistance awarded that is subject to Section 215.97, Florida Statutes. State Project - State awarding agency: Florida Division of Emergency Management Catalog of State Financial Assistance title: Hazardous Materials Planning & Prevention Program Catalog of State Financial Assistance number: 31.067 $11,098.00 (amount) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: List applicable compliance requirements as follows: 1. First applicable compliance requirement (e.g., what services/purposes resources must be used for). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. NOTE: Instead of listing the specific compliance requirements as shown above, in the example, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: 2 C.F.R. Part 200, 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 Subgrantee: Okaloosa County Contract Number: 17-CP-11-01-56-01-XXX 1. First Payment (45% of contract amount) $ (50% Hazards Analyses submitted and approved) 2. Second Payment (45% of contract amount) $ (50% Hazards Analyses submitted and approved) 3. Final Payment(10% of contract amount) $ (approval, distribution & notification) TOTAL AMOUNT $ 16  Attachment A DELIVERABLES AND PERFORMANCE Deliverable Financial Deliverables Minimum Performance Price # Consequences Within 30 days of receipt of the executed contract submit electronically, 3 sample CAMEO hazard analyses chosen from 1. Each CAMEO facility file must facilities identified in Attachment C. contain complete, correct and 1 No payment Must be in compliance with Section accurate information required in C of the Scope of Work. DEM will Section C of the Scope of Work. review the sample and provide constructive feedback within 10 business days. Not later than November 1, 2016 provide complete CAMEO files in 1. Each CAMEO facility file must compliance with Section C, Scope of contain complete, correct and Work, on 50% of facilities identified accurate information required in in Attachment C. Include a list of Section C of the Scope of Work. Payment will be reduced facilities visited. DEM staff will 2. A signed Site Visit Certification by $110.00 per Facility review the deliverables within 21 45 % of Contract 2 Form and Site Plan in accordance with with incorrect or business days of receipt and Amount SOW Section D for each facility. For incomplete CAMEO files provide general feedback on any sulfuric acid (batteries) facilities, the after initial review. errors. DEM staff WILL NOT make site visit form must contain the date corrections to the files. Recipient facility was called and the person that will have 10 business days from responded to the EPCRA inquiries. time of receipt to