columbia county board of county commissioners lake …

COLUMBIA COUNTY BOARD OF COUNTY COMMISSIONERS POST OFFICE BOX 1529

LAKE CITY, FLORIDA 32056-1529

CONSENT AGENDA

SECOND PAGE

AUGUST 21, 2008

(Continued)

(6) Proclamation - Proclaiming that August 2008 as Muscular Dystrophy Association Firefighter Appreciation Month

(7) Bid Award - Don Reed Construction - Annie Mattox Press Box -$31,426.71

(8) Human Resource - Kevin Kirby, Public Works Director Recommending John Gould, Jr. for Vacant Position of Mechanic Shop Foreman

(9) Human Resource - Recommending Barbara Breitberg - Part-Time Library Program Specialist

(10) Agreement - Division of Forestry/Columbia County Board of County Commissioners - Amendment of Contract# 1905

(11) Contract Agreement - Emergency Medical Services/Philips Medical Systems - Purchase of Six (6) New HeartStart MRx Cardiac Monitors - $109,590.00

(12) Application Renewal - Public Risk Underwriters - Worker's Compensation Coverage

(13) Utility Permit - Nettles Sausage Inc. - County Road 240

(14) Indigent Burial - Combs Funeral Home - Robert Allen Reed, Deceased - $500.00

(15) Emergency Management- Contract for Sale and Purchase of Real Property - Randy E. Sweeney Property, $92,000.00 and Tommie Sue Musselwhite, $38,500.00 - Hazardous Mitigation Grant Program -$102,640.00 Total

PROCLAMATION 2008P - 4

BY THE COUNTY COMMISSIONERS OF COLUMBIA COUNTY

A PROCLAMATION

MDA FIREFIGHTER APPRECIATION MONTH

WHEREAS: Hundreds of dedication and selfless firefighters in our state provide vital and lifesaving services to the citizens of their communities; and

WHEREAS: At a moment's notice, these men and women risk their lives by subduing fires and rescuing those trapped infernos, as well as saving citizens from emergencies that could have been deadly situations; and

WHEREAS: Firefighters contribute significantly to the continued well being of Columbia County through their outstanding commitment to community service. Their sense of duty and responsibility is evidenced by their hundreds of volunteer hours in annual boot drives to collect funds to fight Muscular Dystrophy; and

WHEREAS: For the past 50+ years, firefighters throughout Columbia County and the nation have worked to eradicate the muscular dystrophies, Lou Gehrig's disease, myasthenia gravis and other neuromuscular diseases; and

WHEREAS: Many of the Columbia County citizens have benefited from the funds raised by firefighters in the "Fill-the-Boot" Campaign, and these public servants make invaluable contributions to our city in all the tasks they perform; now

THEREFORE: The Board of County Commissioners of Columbia County do hereby proclaim August 2008 as MDA FIREFIGHTER APPRECIATION MONTH in Columbia County and encourage out citizens to commend out firefighters for their numerous contributions to public service.

In witness thereof, I have hereunto set my hand and caused the Seal of the Executive Department to be affixed this August 21, in the year ofour Lord two thousand eight.

ATTEST: Dewey A. Weaver, Chairman

P. DeWitt Cason, Clerk

(SEAL)

1

District No. 1 • Ronald Williams District No. 2 - Cewey Weaver District No. 3 - George Skinner District No. 4 Stephen E. Bailey District No. 5 - Elizabeth Porter

Memo Date: 8/18/2008

To: Board of Commissioners

From: Ben Scott, Purchasing Director /!~.x:~ RE: Annie Mattox Press Box

As requested By Dale Williams, I have received the following two bids to construct a press box at the football field located at Annie Mattox Park:

Don Reed Construction $31,426.71

J. L. Dupree Construction $31,432.00

The Columbia Youth Football Association has donated $5,000 towards the cost of the press box and is also requesting donations of materials from various suppliers in Columbia County. The remaining funds would be paid from monies left over from the year end lighting project at Annie Mattox Park.

At this time I would like to request that the Board approve awarding the project to Don Reed Construction.

1i,·ti11L~-'t .. i'IIH:,;if-'1.111:.1,A't.1r · , rt

P , 'l( )X. 1 •:;;9 I ,"•.KE 1~11'( FLOr.-{l(),.:i., J:2056- L29 t 1')()

Board of CountyCommissioners

Memo To: Penny Stanley

\ ;~\ ,ii....... Michele Crummitt/ , , Y CC: Personnel file of John Gould, Public Works ,/ ' !

_, Date: 8/13/2008

Re: Mechanic Shop Foreman

Public Works Director Kevin Kirby is recommending John Gould, Jr. for the vacant Mechanic Shop Foreman position. This position was vacated due to the retirement of Doug Moore on July 15, 2008. Mr. Kirby is recommending that Mr. Gould be promoted, effective retroactively to July 30, 2008, at a salary of $38,227.28. The salary is above the pay grade minimum of $32,198 but is justified by Mr. Gould's extensive mechanical experience. There is no budgetary impact because the recommended salary for Mr. Gould is the salary Mr. Moore was earning upon his retirement.

This recommendation is supported by the County Manager but requires board approval. Please place it on the agenda for the August 21, 2008 board meeting. Thank you for your assistance.

Board of CountyCommissioners

Memo ~ '.~ To:'v\ Qf,-

\"CCL___ 1J Date: ·/ Re:

Dale Williams

Michele Crummitt

Recruiting File

8{1/2008

PIT Library Program Specialist

A committee consisting of me, Debbie Paulson, Beverly Schultz, and Rudy Crews interviewed candidates for a part-time Library Program Specialist. The committee is recommending Barbara Breitberg for the position as her references have been checked and found to be satisfactory. With your approval, and the approval of the Board, I will make a conditional offer of employment and schedule the pre-employment screenings.

Florida Department ofAgriculture and Consumer Services Page I of 2,: ,ii,-;\)) CHARLES H. BRONSON, Commissioner '~ J~"f ~\\ CT ft , ""... . '

The Capitol - Tallahassee, FL 32399-0800 - i ,. -· .

,i,,i._~:.;/¥'. - nr:;1?CS ~ ' _:' .,·· ,:;Y

CONTRACT AMENDMEP~a:RespondTo DivisionofForcstry ~I Forest Protection Bureau 3125 Conn~r Bh,d. Suite A Tallahassee, FL 32399-1650

July 22, 2008

Columbia County

RE: Amendment of Contract # 1905 dated 07/01/88.

This letter, upon execution by both parties and attachment to the original contract shall serve to amend said contract. The contract shall be amended as follows:

The third recital paragraph and paragraphs 1 & 2, are amended as follows:

FROM

WHEREAS, Section 125.27, Florida Statute, also provides that each county shall, under the terms of this agreement, be assessed each fiscal year as its share of the cost ofproviding such fire protection a sum in dollars equal to the total forest and wild land acreage of the county, as determined by the Department, multiplied by three cents ($.03).

1. The Department shall provide fire protection for 312,123 acres of forest and wildlands within County.

2. The County shall, under the terms of this agreement; pay to the Department annually as its share of the cost ofproviding such fire protection, $9,363.69, said receipts to be deposited in the General Revenue Fund of the State.

TO

WHEREAS, Section 125.27, Florida Statute, also provides that each county shall, under the terms of this agreement, be assessed each fiscal year as its share of the cost ofproviding such fire protection a sum in dollars equal to the total forest and wild land acreage of the county, as determined by the Department, multiplied by seven cents ($.07).

I. The Department shall provide fire protection for 344,289 acres of forest and wild lands within County.

DACS-0 IOIS6 Rev iN.07

Florida Agriculture and Forest Products $ 97 Billion for Florida's Economy

Florida Department ofAgriculture and Consumer Services Page 2 of2 CHARLES H. BRONSON, Commissioner The Capitol - Tallahassee, FL 32399-0800

CONTRACT AMENDMENT

2. The County shall, under the terms of this agreement; pay to the Department annually its share of the cost of providing such fire protection $24,100.23, said receipts to be deposited as prescribed by Florida Statute.

NO OTHER PROVISIONS OF THIS CONTRACT ARE AMENDED OR OTHERWISE ALTERED BY THIS AMEN IENT.

-Mike Gresham (Signature) Director of Admnistration Department of Agriculture and Consumer

.... ..... . 'f1DACS-010186 Rev 09/07 ,1,1

Florida Agriculture and Forest Products $ 97 Billion for FJorida's Economy

Columbia County EMS

MEMO

DATE: AUGUST 18, 2008 TO: BOARD OF COUNTY COMMISSIONERS FROM: RUSTY NOAH jJ,;,f RE: PHILIPS CONTRACT

Please find attached a copy of the proposal from Philips Medical for six(6) new HeartStart MRx cardiac monitors. This purchase, if approved, will allow us to replace the Hewlett Packard monitors that we are currently using. This replacement is needed due to lack of support for these units following HP discontinuing this product line.

The pricing for this proposal is pursuant to State Alternate Contract Source # 465-820-06-1.

I am requesting approval of this purchase for the order to be placed now and the purchase to be completed with funds that are budgeted for FY 08-09. Philips has agreed to receipt of payment after October 1, 2008 to allow the early placement of this order. As always your consideration of this matter is greatly appreciated.

Page 1 nf 1

I

; QUOTATION DATE QUOTE NUMBER PAGE' I 07/23/2008 20352732 1 / 4I~ PHILIPS

I Iit:l1 IPhilips Medical Systems

Attn: Sales Operations 2301 5th Ave, Suite 200I Seattle, WA 98121

I Fax # 206-664-2000 I Tel # 800-263-3342

SALES REPRESENTATIVE Ajmal Ali Phone:407-928-0664 Fax:386-822-9947

QUOTE CONTACT Brandi Peetsch +1-800-263-3342X8403

ITEM PRODUCT DESCRIPTION

10 M35J6A HeartStart MRx ALS monitor 861289

Special Discount Net Price

A03 A03 Sp02, NBP. etC02 Program Discount Special Discount Net Price

801 BO I Noninvasive Pacing Special Discount Net Price

802 802 I 2 Lead ECG ,1cquisition Special Discount Net Price

804 804 Wide Printer Special Discount Net Price

806 806 12-LD Trans. Bluetooth Prouram Discount

: LAST UPDATED TIME 08i06t2008 17:02:48

I : EXPIRATION DATE INCOTERMSI09123,2008 FOB DESTINATION

! PAYMENT TERMS IWithin 30 Days Due Net L Subject to Credit Approval

Ic~~:~AL QUO_T_E____----l

Attention:RustyNoah Columbia County EMS PO Box 2949 LAKE CITY FL 32056 Customer Number: 94I086 t 8

SPECIAL COMMENTS: Formal quotes over $10,000.00 require a valid purchase order. Please reference the quote number on your purchase order, or sign the bottom of the quote and return to Philips. Questions concerning this quote can be directed to your sales representative or quote contact listed above.

QTY UoM UNIT-AMT AMOUNT(USD)

6 PCE 9,890.00 59,340.00

33.0 % 19,582.20-39,757.80

6 PCE 8,750.00 52,500.00 6 PCE 1.250.00- 7,500.00-

33.0 °/., 17,325.00-27,675.00

6 PCE 2.350.00 14,100.00 33.0 %, 4,653.00-

9.447.00

6 PCE 3.500.00 21,000.00

33.0 % 6.930.00-14,070.00

6 PCE 500.00 3.000.00 '33.0% 990.00-

2,0'IO.OO

6 PCE 2.000.00 12,000.00 67.0Y() 8.040.00-

1

PHILIPS Philips Medical Systems Attn: Sales Operations 2301 5th Ave, Suite 200 Seattle. WA 98121

Fax# 206-664-2000 Tel# 800-263-3342

ITEM PRODUCT

C03

C06

LP1

TER

W22

20 890416 A06 Al1

I I'30

890416 A08 Al2

DESCRIPTION

Special Discount Net Price

C03 Data Card Special Discount Net Price

C06 AC Power Module Special Discount Net Price

LP1-User Instructions Guide Special Discount Net Price

M3508A Standard Pad Cable Special Discount Net Price

W22 2-yr Bench Repair Warranty Special Discount Net Price

Price for item I 0

Monitoring & Cardiology ServiceAgreement Express Repair Service 3 Years of Service Price for item 20

Monitoring & Cardiology ServiceAgreement Performace Assurance Service 4 Years of Service Price for item 30

I/ QUOTATION DATE j 0712312008

/ LAST UPDATED TIME I oa,oa,2oos 11:02:48

EXPIRATION DATE 1

09/2312008 j FOB DESTINATION 1-----------__.______________

PAYMENT TERMS Within 30 Days Due Net Subiect to Credit Aooroval

I FORMAL QUOTE

QUOTE NUMBER PAGE 20352732 2/ 4

INCOTERMS

QTY UoM

6 PCE

6 PCE

6 PCE

6 PCE

6 PCE

6 PCE

6 PCE

UNIT-AMT

33.0 '%

89.00 33.0 'Yo

400.00 33.0 %

0.00

33.0%

0.00 33.0 'Yo

0.00

33.0%

1,352.07

f .092.00

AMOUNT(USO)

3.960.00-0.00

534.00 ·176.22-357.78

2,400.00 792.00-

1,608.00

0.00

0.00 0.00

0.00 0.00 0.00

0.00

0.00 0.00

94,925.58

8,112.42

8.112.42

6,552.00

6,552.00 !I

I ---·----~--» ...J

---------------

re PHILIPS I Philips Medical Systems

Attn: Sales Operations I. 2301 5th Ave, Suite 200 Seattle, WA 98121

I. Fax# 206-664-2000 1 Tel # 800-263-3342

) QUOTATION DATE 07'2312008

i LAST UPDATED TIME I os,os,2oos 17:02:48

i EXPIRATION DATE

1_0_9_,2_3__,2_o_o_s______

IQUOTE NUMBER · 20352732

I INCOTERMSIFOB DESTINATION

PAGE 3/ 4


FORMAL QUOTE '. ITEM PRODUCT DESCRIPTION QTY UoM UNIT-AMT AMOUNT(USD)

40 989803 HS 12-lead Transfer 1 PCE 989803142521 Station

PCE 0.00 0.00 Price for item 40 0.00

Total Quotation List Price 179,538.42 Less All Applicable Discounts 69,948.42-Total Quotation Net Price 109,590.00

Please include the name, address, and phone number of the doctor providing your medical direction. Failure to do so will result in order going unfulfilled.

MD Name:---------------

Address:

Address: ---------------

Phone Number: -------------I

/ Is your organization tax exempt? Yes [ ] No [ J I

If yes, please include a tax exemption certificate with your order. Tax will be charged to the order if we do not receive the certificate.

I DA#2008-2866

Authorized Signature: ----------------

Print Name:--------------------

Title: ----------------------Date: ________ Phone: ----------

i IL._ --- ..

QUOTATION DATE QUOTE NUMBER PAGE lPHILIPS 07/23/2008 20352732 4/ 4

LAST UPDATED TIME Philips Medical Systems 08/0612008 17:02:48Attn: Sales Operations 2301 5th Ave, Suite 200 Seattle, WA 98121 , EXPIRATION DATE ! INCOTERMS

09/23/2008 IFOB DESTINATION Fax# 206-664-2000 Tel # 800-263-3342


FORMAL QUOTE ITEM PRODUCT DESCRIPTION QTY UoM UNIT-AMT AMOUNT(USD)

This quotation is issued pursuant to, and any PO for the items herein will be accepted subject to the Terms of any current Contract with the customer. If there is no contract in place, this quotation is issued pursuant to, and any PO for the items herein will be accepted subject to the Philips Terms and Conditions of Sale posted at http://www.medical.philips.com/terms/&conditions.html and the terms herein.

This quotation contains confidential and proprietary information of Philips Medical Systems and is intended for use only by the customer whose name appears on this quotation. It may not be disclosed to third parties without prior written consent of Philips Medical Systems.

- J I

Public Risk Underwriters Public Entity Application 05/21/084:,I\ I PO Box 958455

Renewal Application Muni [WC FL 1 0121012 08-07] 'f"Lake mary, FL 32795-8455 Phone: 321-832-1450 Coverage Term 10/01/2008-10/01/2009 Fax: 321-832-1489 Portal Reference# 201383 Page 1

Me.rnber:¢6'.nU~~tdnfqjmation···, ' _: 'i i::?Ut:ArJdiJigr1;:lLNJembetlriformt;ition:· Contact Carolyn Baker FEIN 59-6000564 NCC! Risk ID 094007658 Title Administrative Assistant Population-~-----------------1Phone# 386-758-1005 Fax# 386-758-2182 _c_o_un_t..;;_y__c_o_lu_m_b_i_a__________

1

Email [email protected] Member Type County ?;i;!:':11r~~;inijM1t lhfg'rmatfon<.: r,r::r,r:·::;)t::.r/1J;:· t·\Jt1t;;1;1:;t~§'ehcy,\,S.'$mtiGtil.0Uirrna#o.n.,:-.

Agency PRIA - Daytona Contact Linda Burtchett Address P. 0. Box 2416

City/State/Zip Daytona Beach, FL 32115 Email [email protected] Phone # 386-239-4042 Fax # 386-239-4049~---------L.....--------------------'

CERTIFICATION The undersigned being authorized by, and acting on behalf of the applicant and all persons/concerns seeking insurance, has read and understands this application, including any appendices and/or supplements, and declares that all statements set forth herein are true, complete and accurate. The undersigned acknowledges and agrees that the submission and the Trust's receipt of such written report, prior to the inception of the coverage agreement applied for, is a condition precedent to coverage.

The signing of this Application does not bind the undersigned to purchase the coverage, nor does the review of same bind The Trust to issue a coverage agreement. This application shall be the basis of the contract, should one be issued.

This Applicatlon must be signed by the "Ranking Elected/ Appointed Official" of the Entity making the appllcatlon (e.g. Mayor/ Manager I equivalent Officer) or the Risk Manager (or ranking official) assigned this function.

NOTICE TO APPLICANT For your protection, the following Fraud Warning is required to appear on this application:

FLORIDA FRAUD STATEMENT Any person who knowingly and with intent to injure, defraud or deceive any insurer, files a statement of claim or an application containing any false, incomplete or misleading information 1s guilty of a felony of the third degree.

"I hereby authorize the release of claims information from any Prior Insurer/Carrier/Trust to PRU &/or PGIT."

2 Renewal Application Muni [WC FL 1 0121012 08-07] Coverage Term:

Member Name:

Agency:

10/01/2008 10/01/2009

Columbia County BOCC

PRIA ~ Daytona

Current Workers' Compensation

Coverage/Exposure Summary

Line of Business Exposure/Coverage---~ General Question Application General lnrormation General Question Excess WC (Standard Limits are $1 M/$1 M/$1 M) General Question SIR - TPA Information General Question Stop Loss Workers' 1st Dollar (Standard Limits are $1M/$1M/$1M) Compensation

Page Portal Reference# 201383

Applicable/Not Applicable Applicable Not Appllcable Not Applicable Not Applicable Applicable

3 Renewal Application Muni [WC FL1 0121012 08-07] Coverage Term: 10/01/2008 - 10/01/2009

Member Name: Columbia County BOCC

Agency: PRIA - Daytona

COVERAGE INFORMATION General Questions Old Response

Account CSR: Linda Burtchett

Agent Name: Paul Dawson

Primary Member Contact: Carolyn Baker

Requested Effective Date: 10i01/2008

Requested Termination Date: 10/01/2009

Bid Date (If Applicable):

Need By Date:

If applicable, complete and attach th& "Expiring Information" form. Template can be found with Pool Forms under the Documents section of the application.

lf applicable, complete and attach the "Loss Summary" form. Blank template can be found with Pool Forms under the Documents section of the application.

Population:

Installment Schedule: 25% Down & 9 Equal Installments

What is the NCCI Risk ID?

Enter the Member's FEIN:

Full/ Detailed Description of Operations:

Page Portal Reference # 201383

New Response

Linda Burtchett

Paul Dawson

Carolyn Baker

10/01/2008

10/01/2009

05/29/2006

No

Yes

63,538

25% Down & 9 Equal Installments

94007658

59-6000564

County Government

4 Renewal Application Muni [WC FL 1 0121012 08-07] Page Coverage Term: 10/01/2008-10/01 /2009 Portal Reference # 201383



COVERAGE INFORMATION -Workers' Compensation _1st Dollar (Standard Limits are $1M/$1M/$1M)

6. Is there a formal

7. Is there a formal Return to Work-Light Duty program In place for au operational areas? 8. Enter the installment schedule: 9. Number of volunteer firefighters ($1,500 minimum

11. Number of all other volunteers

or lease aircraft/watercraft?

13. Do past, present, or discontinued operations involve storing, treating. discharging, applying, disposing, or tr,:,,..,.,,.,,,...rt1nn na.~anCJOLJS materials? 14. Any work performed underground or above 15 feet?

Old Response New Response PGIT M, $1M, $1M)

NIA

10/01/2008

Yes Yes Yes

25% Down & 9 Installments 60

0

5

Yes No

No~---------------·-----------------15. Any work performed on docks, barges, vessels, bridges, or over water? 16. Are sub-contractors used?

work-release inmates?

21. Any group transportation provided?

22. Are physicals required after offers of employment are made? If yes, list which departments or positions require physicals below.

25. If this application is the result of an RFP, please attach a of the RFP

27. Is there a written and adopted Safety Incentive

29. Is there a Personnel Director?

30. Are there actions taken for Unsafe Acts?

31. Are there Annual MVR's for Authorized Drivers?

32. Is there a Post Required?

34. Is there a formal review of all Workplace Accidents?

'35. Any outstanding or Non Compliance with Mandatory Loss Control Recommendations? 36. :s there a Medical Clinic on Premises?

No

Yes Yes Yes

Yes Yes

No Yes

Yes Yes NIA

Yes

Yes

Yes

Yes

Yes Yes No Yes

No

No ---------·-··----·-------·--

Renewal Application Muni [WC FL1012101208-07] Coverage Term: 10/01/2008 -10/01 i2009



COVERAGE INFORMATION -Workers' Compensation 1st Dollar (Standard Limits are $1 M/$1 M/$1 M) Old Response 37. Firemen/Paramedic Personnel on .......,,,...,,;,.,.,,..,.-:,

40. Is the nearest Emergency Room > 15 miles from main sites 41. Is evidence of WC Coverage required of all Contractors performing work on behalf of the entity? 42. Are employees prohibited from using their personal

44. Describe (list} all Employees Safety Training Programs {workshops, seminars, video, etc) completed within the past 36 months(examples: defensive driving, job hazard analysis, accident investigation, proper hiring techniques, proper lifting techniques.

45. Are there type of health or mental health facilities?

46. Are employees required to immediately notify Supervisors of any Workplace Accidents whether injured or not?

Page 5 Portal Reference # 201383

New Response Yes

Yes Yes

Yes

Yes

No

No

Bloodborne Pathogen Course 02/15/05 Accident Investigation class 04/20/05 Accident Investigation class 04/20/05 Hazard Communications Class 05/31/06 Safety Orientation 12/13/05 Completing Accident Forms Class 11/10/05 No

Yes

Payroll Schedule

Columbia County BOCC

l\greement No.: Renewal Application Muni [WC FL1 0121012 08-07] Agent: PRIA • Daytona

Class

5509 • STREET OR ROAD MAINTENANCE

6217 - EXCAVATION 8: DRIVERS

7370 - AMBULANCE-ALL EMPL 8: DRIVERS

7704 - FIREFIGHTERS 8: DRIVERS

7720 • POLICE OFFICERS 8: DRIVERS

8380 • AUTOMOBILE SERVICE REPAIR

8742 - SALESPERSONS/COLLECTORS/MSGRS

8810 • CLERICAL

8820 • ATTORNEY • ALL EMPL & CLERICAL

9015 • BULDINGS - OWNER OR LESSEE

9102 • PARK NOC -EMPLOYEES & DRIVERS

9402 • STREET CLEANING & DRIVERS

9410 • MUNICIPAL NOC

Portal Reference # 201383

Scheduled Items Effective As of: 05/22/2008

2008-2009

Employee Count Estimated Employee Payroll

64 $1,808,147

20 $477,989

41 $926,976

40 $1,336,240

144 $5,268,167

4 $142,987

8 $418,474

235 $6,999,637

1 $90,648

22 $616,521

7 $174,177

5 $24,318

11 $454,439

602 $18,738,720 .

NOTICE TO EMPLOYER: If you have a Drug-Free W9rkplace)>r9gril)1 es.tablls~ed..ancfrnaintained. in accordance with Florida law, and you w~uld like to apply fC>r t.~e.~~~:pl'.emM1.1: cr~d,-it)~a-·l.!favij:&i~ble;please complete this form and forward it to your Insurer. Re-certification Is required annuallyi

APPLICATION FOR DRUG-FREE WORKPLACE PREMIUM CREDIT PROGRAM

Name of Employer:

Date Program Implemented: Testing: Procedures for drug testing have been established and/or drug testing has been conducted in the fol lowing areas:

[J Job applicant Q Routine fitness for dutyOJ Reasonable suspicion Q1 Follow-up testing to

Employee Assistance Program Notice of Employer's Drug Testing Policy:

0 Copy to all employees prior to testing 0, Show notice of drug testing on vacancy0 Posted on employer's premises announcements Q Copy to job applicants prior to testing a Coples available in personnel office or Q General notice given 60 days prior to testing other suitable locations

CJ No notice required because the employer had a drug testing program in place prior to July 1, 1990

Education: Q Resource file on providers [J Employee Assistance ProgramQ Education

Name of Medical Review Officer:

A. Name of ai,provcd Agency for Health Care Administration Lab or United States Department of Healtl1 and Human Services Certified Laboratory:

B. Phone No.:( C. Address

Ycmr cerli ficatioq 'is subjeel lo physical veri fi cn~ion by the lnsm·er. yoili,';r,ol\cy' (s subj~Qt,,lo _n,ddJti.911nl: P,r~·i;n,iuin f.o(r,~i~~uf.;erl]ep('~fpre1nium credit,'mid c:mccllation provisions of the policy if it is determined thnt yqu misrepreseµted yout compli~ni::e wi~}'.!Qrida 1.a:.v: Any person who knowingly ond with inlent lo injure, defraud, or deceive any insurer files a statement of claim or an applicationcontaining any false. incompktc, or misleading inlbmmtion is ~uilty ofu felony of lhe third degree.

-~~·---------l~mpll!\'l.!f Nam~ O:ite omcer/Owner Signnture•

Title

* Application must be signed by an officer or owner. THE ABOVE SIGNED CERTIFIES THAT THIS INFORMATION IS A TRUE AND FACTUAL DEPJCTJON OF THEIR CURRENT PROGRAM.

Nornrv Public\ Sigon11m: · Date Expiration of Commission (NCJOIO) Form 09-J

NC>rfCE TO EMPLOYER: If you have a Drug-Free W~~,kpl,~~,,f;'r9gtjP, ~~.~~~M~.~!~:~n-~Jij~Jff~l~'.!C,)ijaccor~ance with Florida law, and y<>u w.Quld like !o appJ.tf9tt'1~.~~!t..Prftrot~~J~J~~!,BM~M,:.~tX~H~bU~lplease complete this form and forward 1t to your insurer; Re-.:.certiftcationJs required annJ:Jally;

APPLICATION FOR DRUG-FREE WORKPLACE PREl\1IUM CREDIT PROGRAM

Name of Employer: ______C.o l u M b j e- ~ua+v £ oc.c_

Date Program Implemented: l.o/ 1 (90Testing:Procedures for drug testing have been established and/or drug testing has been conducted in the following areas:

[3"Job applicant ll Routine fitness for duty C:rReasonable suspicion [J.-,follow-up testing to

Employee Assistance Program Notice of Employer's Drug Testing Polley:

£:Yt;opy to all employees prior to testing Q,-Show notice of drug testing on vacancy [J,--'Posted on employer's premises announcements Gr Copy to job applicants prior to testing IMt-'Coples available in personnel office or c::yGeneral notice given 60 days prior to testing other suitable locations a No notice required because the

employer had a drug testing program Jn place prior to July 1, 1990

Education: Q Resource file on providersQ Employee Assistance Program Q Education

Name of Medical Review If. Officer: ]ever ly _ti_(c.._t-n-Kfr,......~--------A. Name of approved Agency for Health Care Administration Lab or United States Department of

Health and Human Services Certified Laboratory:Dr,j 'f>Cr.ee o -s, \OC ; Q ueest Dd;6401s+ic.')

B. PhoneNo.:(~OQ) & '71- 1 ~ ~'f C. Address p .

: _ . . "o I 1 S: . re'-', de c... D,..Yq~1·:·c~riificnti~~;1s·sijbje~II~ phys~c~t v:~nvcp.ii!i~.~y:t!Je j~~~l_l'ef.)'f '"·')(ct,.. 'ticig~·.J#.ifi;.¥~;f.(.'"' ·:·.i~~aPK pieimum credil, an~ cnnccllat1on provisions of the pollcy if1t is deten ,ttia .y<;mr-oomp1 ;}:JQ.1]{:1,1:IJ~W;Any person who knowingly and with intent to h1Jure, defniud, or deceive nny insurer files a slatement of claim or an applicationcontaining nny li1lsc. incomplete. m mislencltng infonnation is guilty ora felony or the third degree,

l\inplovcr Nnmti Date Officer/Owner Slgm1turc1•

Title

* Application must be signed by an officer or owner. THE ABOVE SIGNED CERTIFIES THAT THIS INFORMATION IS A TRUE AND FACTlJAL DEPfCTlON OF THEIR CURRENT PROGRAM.

No1my J>ublic'~ Signnllm.! Daie Expiration of Commission (NC3010) Form 09-J

------------------ ----------

---------

CERTIFICATION OF EMPLOYER WORKPLACE SAFETY PROGRAM PREMIUM CREDIT

Employer Name: .

Name of Contact Persoff Telepl1or1e #:

Policy#: -----·--·---·-------------- Date of Policy: --·------·--

I am submitting a copy of my workplace safety program which meets the requirements of Section 440 .1025, Florida Statutes. I certify that this safety program has been implemented in my workplace and is being maintained as submitted to my carrier.

This is to certify that my workplace safety program meets or exceeds the following provisions as provided for in Section 440. 1025, Florida Statutes:

1) Written safety policy and safety rules 5) First aid 2) Safety inspections 6) Accident investigation 3) Preventive maintenance 7) Necessary record keeping 4) Safety training

The workplace safety program and application I am submitting for the purpose of obtaining a premium credit do not contain any false, incomplete, or misleading information I attest to the accuracy of the information submitted. I am aware that I may be subject to an on-site inspection by my carrier. for the purpose of validating the accuracy of this information

I am aware that any person who submits an application that contains false, misleading, or incomplete information provided with the purpose of avoiding or reducing the amount of premiums for workers' compensation coverage is a felony of the second degree, punishable as provided in Sections 775.082, 775.083 or 775.084 Florida Statutes, or as otherwise punishable as provided under the law.

State of Florida County of

Sworn to, or affirmed, and subscribed before me (Signatu,e) thls day--··-·----

20 _, by ----------

(Dale) (Signature or Notary)

(Expiration Dale and Number)

(NC3011) Form SAFETY 09-3

~ Copyright 1994-2006 National Council on Compensation Insurance, Inc. All Rights Reserved.

CERTIFICATION OF EMPLOYER WORKPLACE SAFETY PROGRAM PREMIUM CREDIT

Employer Name~ Ce\ oro,b ,·a.. C.oun +~ ()o cs;._________ Name of Contact Person: 'K....ud----=--'i-+---C=r_,,,e-....;;:w.......,.S________Telephone #:

Policy #: -WC..e L o f ;;J,. 1Dl J. QS -:_(J "?____Effective Date of Policy: __f.p_- I - a '$__ I am submitting a copy of my workplace safety program which meets the requirements of Section 440. 1025, Florida Statutes. l certify that this safety program has been implemented in my workplace and Is being maintained as submitted to my carrier.

This is to certify that my workplace safety program meets or exceeds the following provisions as provided for in Section 440. 1025, Florida Statutes:

1) Written safety policy and safety rules 5) First aid 2) Safety inspections 6) Accident Investigation 3) Preventive maintenance 7) Necessary record keeping 4) Safety training

The workplace safety program and appllcation I am submitting for the purpose of obtaining a premium credit do not contain any false, incomplete, or misleading information. I attest to the accuracy of the information submitted. I am aware that I may be subject to an on-site Inspection by my carrier, for the purpose of validating the accuracy of this Information.

I am aware that any person who submits an application that contains false, misleading, or incomplete information provided with the purpose of avoiding or reducing the amount of premiums for workers' compensatlon coverage is a felony of the second degree, punishable as provided in Sections 775.082, 775.083 or 775.084 Florida Statutes, or as otherwise punishable as provided under the law.

State of Florida County of--------------

Sworn to, or affirmed, and subscribed before me (Signature) this day of __________

20 • by (Print Name and Tllla)

{Signature er ~Jotaryl

(El<pirsllon Dal~ and Number)

(NC3011)Form SAFETY 09~3

re, Copyright 1994-2006 National CouncH on Comp1maat1on Insurance, Inc. All Rights Reserved.

',.:.""' . ' ,' ;,',

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COLUMBIA COUNTY BOARD OF COUNTY COMISSIONERS UTILITY PERMIT 4te,

Date: _____ Permit No. ______ County Road --'-··....~....t"""O_____ Section No.-------

Permittee /VLtl/IL{ SnuS >-fl: 1,,-..c.,,

Address / 'fO ~ t,,-.J C /( A'/D Telephone Number J"ir(.. · /75 Z-" j,__.~ I{)

Requesting permission from Columbia County, Florida, hereinafter called the County, to contract, operate and maintain .. , t • t . , · 1

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FROM: ____ TO:

1Submitted for the Utility Owner by: _, _;_________..t'......... ......~-"'-__,;f{______ 'l.{"""<-'-~-·~ ___:..,_/_,:_;~--~-~--~-- 7/z;v{}Typed Name & Title Signature Date

I. Pennittee declares that prior to filing this application it has determined the location of all existing utilities, both aerial and underground and the accurate locations are shown on the plans attached hereto and made a part of this application. Proposed work is within corporate limits ofMunicipality: YES ( ) NO (X). IfYES: LAKE CITY ( ) FORT WlllTE ( ). A letter of notification was mailed on to the following utility owners _____________·---·-----------------------

2. The Columbia County Public Works Director shall be notified QY~our (24.) ,1:J.ours prior 1o st§rting work. ~d again immediately ~pon completion ~fwork. The Public Works Director--rs- P[-e, I) in J:< tr .It, y (V . located at 1.: .· .1 11 · , . l 1 ; " ' .. • ··. • . , • . Telephone Number 1 ·.. ; · ·. . : ' •

The PERMITTEE's employee responsible for Maintenance of Traffic is---------------___________ Telephone Number (This name may be provided at the time of the 24 hour notice to starting work.)

3. This PERMITTEE shall commence actual construction in good faith within __days after issuance ofpermit, and shall be completed within _,_ days after permitted work has begun. If the beginning date is more than 60 days from date ofpennit approval, then PERMITTEE must review the permit with the Columbia County Public Works Director to make sure no changes have occurred in the transportation facility that would affect the permitted construction.

4. The construction and maintenance of such utility shall not interfere with the property and rights ofa prior PERMITIEE.

5. It is expressly stipulated that this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder.

6. Pursuant to Section 337-403(1 ). Florida Statutes, whenever necessary for the construction, repair, improvement, maintenance, safe and efficient operation, alteration or relocation ofall, or any portion of said transportation facility as determined by the Columbia County Public Works Director and/or County Engineer, any or all utilities and appurtenances authorized hereunder, shall be immediately removed from said transportation facility or reset or

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Utilities Pennit Page Two Revised: 8/17 /00

relocated thereon as required by the Columbia County Public Works Director and/or CoWlty Engineer and at the expense of the PERMITTEE.

7. In case ofnon-compliance with the Com1ty's requirements in effect as of the approval date of this permit, this permit void and the facility will have to be brought into compliance or removed from the right of way at no cost to the Com1ty.

8. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the Com1ty's right, title and interest in the land to b entered upon and used by the PERMITTEE, and the PERMITTEE will, at all times, and to the extent permitted by law, assume all risk ofand indemnify, defend, and save harmless Colwnbia County, Florida from any and all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercise by said PERMITTEE of the aforesaid right and privileges.

9. During construction, all safety regulations of the County shall be observed and the PERMITTEE must take measures, including pacing and the display of safety devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal Manual on Uniform Traffic Control Devices, as amended for highways.

I0. Should the PERMITTEE be desirous ofkeeping its utilities in place and out ofseIVice, the PERMITTEE, by execution of this permit acknowledges its present and continuing ownership of its utilities located between

_______________ and within the County's right ofway as set forth above. PERMITTEE, as its sole expense, shall promptly remove said out of service utilities whenever Columbia County Public Works Director and/or County Engineer determines said removal is in the public interest.

11. Special instructions: Minimum cover ofthirty inches (30") will be required at all locations. Columbia Com1ty will not be financially responsible for any damage to facilities with less than thirty inches (30") cover. Cables shall not be located within driveway ditches.

12. Additional Stipulations: ------------------------------

It is understand and agreed that commencement by the PERMITTEE is acknowledgment and acceptance of the binding nature of these specialist instructions.

Submitted By: ...e./_J_.·-'-,'_)__._\__.. _1__1_·~_(_,"1i_i_·/_,,_·_,___ Place Corporate Seal •. , Permittee

Attested

Utiliti:s Pennit Page three Revised: 8/17/00

Date:

Approval by Board ofCounty Commissioners, Columbia County, Florida:

YF,S ( ) NO ( )

Date Approved:

Chairman's Signature: ----------------

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GENERAL UTILITY NOTES U)

1 Wl\TER, SEWER. ANO GAS UTILITIER ARE TOBE PROVIDED e, THE THEOWl<ER(MRWILUAMJ Nl'cllLES] HtCIRICAl 10BE w PP.\1VIOED B> CLAY ELECTRIC CO THE CONTR~CTOR SH/ILL COQROINA.TE WITH APPROPRIATE LITILITY COMPANIE, W --' VfRlFY /\LL StTE ur1L1TY CQNNE(.. TIQN l.OCATIONS, IM\'FRTS pr TAil SE l'T I-

2 !He CONTR.~CTOR IS RESPONSlllll: FOR COORDINATING TH~ SHE I-TELEPt<ONE AL.!\8LE TV CONNECTION!'. WITH THE N'l'\.ll" !\Ill( UTILITY f'ROVtOEP. THE lOCATh.JN Of THE CONNECTION TO THE 8\..IILtiiffG S11,\ll w BE VFRt~IED WITti nu.: PRO•J10ER z

l CXISTING l!Tlll11ES TO BC rl[LO VERIFIED PRIOR TO BEGINNING CONSTRUCTION C.0()RD1N/\TE WitH APP\.ICf\BLE UilllTY 1',tJMPANIESFOR CONNECTl(1NS

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GENERAL UTILITY NOTES 1 WAHR ~flwEff ANO()ASUTttl"'IE~~TC..lif:P>l0*''0€06'1'lHf

THEO'JYt,ffR;MA'>'l!ll.!AMJ i,£1""1.ES} Et.ECTA:.::.\I.. 106l f>t,t(MC!ftJ SY CLAY fl i:f:H41C' \,,(.1 !tit f.A.);, Tttl.ClOR ~ COOIWtl'wATE '11TWAPPMOPfUAlE UTll!TV' COW'AHlES TO VE.AlF'f'',USITEUflUf'il~CTIONLOCATtON$,IPrilVERTS 0E1A!LSE.TC

l nE. COHtR.\CT~ ;S RESPONS.liU. fO?.COOR~l!NG THE SHE f(l.f.PhCMif.A&.(TYCI.JNNE(.Tl()NSWITHll-£~\,JTll.1>¥~~:.O~~~~T~W:Mc COfUEctu)fil10THE8\JllOINOG11"u

"The Caring Pr~/essionals"

292 NE fVashington Street lake Citv, FL 32055

Phone: (j86) 752-4366 Fax: (386) 752-4367

August 18, 2008

INDIGENT BURIAL INVOICE: $500.00 FOR: Robert Allen Reed

Columbia County Board ofCounty Commissioners Post Office Drawer 1529 Lake City~ Florida 32056-1529

Dear Commissioners:

Ms. Gloria Haines, the caregiver ofRobert Allen Reed has requested that the indigent burial fund of$500.00 be paid to Combs Funeral Home for Mr. Reed's burial services.

Thank you,

-~L-Marqu~~~er, L.F.D.

August 18, 2008

Board ofCounty Commissioners Post Otlice Box 1529 Lake City, Florida 32056

RE: Indigent Burial Request James Allen Reed 491 SE Robin Hood Place Expired: August 13, 2008

Dear Commissioners:

I would like to request assistance from the County for burial of James Allen Reed who died on August 13, 2008. I was the caregiver ofMr. Reed. I do not have any life insurance for Mr. Reed or any funds for burial.

Your consideration of this request would be greatly appreciated.

Sincerely,

/~7 J / . ../JJ(,{r~-~ t<f<J_r1,,,~-'<' ..~ Gloria Haines 49 l SE Robin Hood Place High Springs, Florida 32643 (321) 544-6108

To: Dale Williams, County Manager

Fr: Ronnie McCardle, Emergency Management Director

Dt: August 15, 2008

Re: HMGP grant

This is to advise the board of the grant that will purchase the two properties that are repetitive loss (flooded more than once) located on Fulton pl. and Upchurch ave. FEMA requested an appraisal on both parcels, which showed more owed on the Sweeny property than the grant will cover. The payoff for Sweeny is $112,000.00. There is no loan on the Thomas property. The grant total is $102,640.00 for the Sweeny ($92,000.00) and the Thomas ($38,500.00) property(s). The demolition, landfill charges, labor, equipment and permit charges are:

Sweeny Thomas BCC

Demo/landfill charges Pump removal/Well grout Well abandonment permit SR WMD Septic tank pumped Septic tank abandonment permit Grant match 25% Sweeny Grant match 25% Thomas

$2,500.00 $1,800.00 $0 $175.00 $0

$1,000.00 $1,800.00 $0 $175.00 $0

$23,000.00 $ 9,625.00

Difference in payoff of SBA loan and grant (Sweeny) $20,000.00 Totals for demo/landfill, pump removal/grout, septic tank pumped $ 7,450.00 Total for the BCC $60,075.00

CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY

RANDY CHARLES E. SWEENY, a single person, whose mailing address is 261 SW Fulton Place, Lake City, Florida 32024, (herein "Seller"), and COLUl\IBIA COUNTY, FLORIDA, a political subdivision of the State of Florida~ whose mailing address is Post Office Box 1529, Lake City, Florida 32056-1529, (herein "Buyer"), hereby agree that Seller shall sell and Buyer shall buy the real property and improvements thereon, if any (herein "the property"), located in Columbia County, Florida, and described as follows:

Commence at the Southwest comer of Section 10, Township 4 South, Range 16 East, and run N l O 45'54" W, along the West line of said Section I0, 385.13 feet to the North side of a SO-foot road and for the POINT OF BEGINNING, and nm thence N 1 ° 45'54" W, along said Section line, 516.27 feet, thence N 87°55'25" E, 325 feet, thence S l 0 45 154" E, 470.59 feet to the North line of said SO-foot road, thence S 79°51'46" _ along said SO-foot road, 328.59 feet to the POINT OF BEGINNING. Containing 3.09 acres, more or less.

SUBJECT TO easement 50 foot in width off of the West 50 feet thereof for road and utility purposes.

Tax Parcel No.: l0-4S-16-02854-000

upon the following terms and conditions:

1. PURCHASE PRICE AND METHOD OF PAYMENT: The full purchase price for the property is ONE HUNDRED TWELVE THOUSAND TWO HUNDRED THIRTY ONE AND 93/100 ($112,231.93) DOLLARS, payable at closing; the actual amount being the payoff of Seller's current loan with U.S. Small Business Administration (SBA), a copy of the loan statement being attached hereto as Exhibit "A."

2. CONVEYANCE AND TRANSFER: Seller represents and warrants that Sci ler is the owner of the fee simple title to the property and agrees to convey title to Buyer by foll warranty deed, free and clear of all liens, encumbrances, and defects, except as otherwise provided for herein.

3. TITLE EVIDENCE: Prior to closing, Seller will, at Seller's expense, furnish to Buyer evidence of title in the form of a binder or commitment for title

insurance issued by a title insurance company acceptable to Buyer, agreeing to issue to Buyer upon closing an owner's title insurance policy in the amount of the purchase price, the premium for which shall be paid by Seller, insuring Buyer's title as good and marketable and free and clear of all encumbrances other than applicable zoning regulations, laws or ordinances, and subject to no other conditions or exceptions other than lien for current taxes and standard exceptions as contained in such title insurance policies.

4. TITLE EXAMINATION: If the evidence of title shall meet the requirements above specified, Buyer shall have until closing to examine the same and shall notify Seller in writing within such period, pointing out any defects and objections to the title. If Buyer does not notify Seller in writing of any defects and objections to title, Buyer shall be deemed to have accepted title and this transaction shall be closed as hereinafter provided. Seller shall have a reasonable period of time, not to exceed fifteen ( 15) days after written notice to Seller, within which to cure the defects and objections to title and will, in good faith, exercise due diligence to do so within said period of time.

If the defects in title are not cured within such time, Buyer shall have the right to either:

(a) Accept the title of Seller notwithstanding said defects, and to close this transaction in accordance with its terms and conditions; or

(b) Terminate this agreement, and if Buyer shall elect to terminate, all sums of money paid to Seller by Buyer shall be refunded to Buyer, and the obligations of the parties shall cease.

In the event of a disagreement between the parties with respect to whether or not there are, in fact, defects or objections to the title to the property, Seller shall have the right to tender to Buyer a title insurance binder issued by a reputable title insurance company qualified to do business in the State of Florida, agreeing to insure Buyer's title at closing for the amount of the purchase price against such defects and objections to the title which are specifically raised by Buyer and which are in dispute between the parties. [n the event Sc JIer shall tender such title insurance binder or commitment ( the cost of the same and the policy to be issued in connection therewith to be paid by SeI1er), Buyer shall be obligated to and shall forthwith close the transaction contemplated hereby.

2

5. SUR\/EY: Seller shall provide Buyer with any existing surveys on the property. However, Buyer may elect to have the property surveyed at Buyer's expense prior to closing. If the survey shows any encroachments on the property or that the improvements, if any, located thereon encroach on other lands, written notice of the same shall be given to Seller and Seller shall have the same time to remove such encroachments as is provided for herein for the curing of defects in title. If Seller shall fail to remove or cure said encroachments within said period of time, the failure to do so shall constitute a default by Seller under the terms of this contract and shall entitle Buyer to such remedies as are otherwise provided for herein for such defaults.

6. DEFAULTS: If Buyer fails to perform this contract within the time specified (including payment of all deposits hereunder), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages as Seller's sole and exclusive remedy, consideration for the execution of this contract and in full settlement of any claims; whereupon Buyer and Seller shall be relieved of all obligations under contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, the Seller fails, neglects or refuses to perform this contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit thereby waiving any action for damages resulting from Seller's breach.

7. PRORATIONS AND ADJUSTMENT: Real property taxes and non-ad valorem assessments for the year in which this transaction is closed and insurance premiums and rents, if any, shall be prorated between the parties at the date of closing.

8. COSTS: Buyer shall be responsible for and pay all costs of furnishing to Buyer the evidence of title required under the tern1s of this agreement, including owner's title insurance policy, preparation of warranty deed, recording warranty deed, documentary stamps on the deed, and Buyer's appraisal fee. Seller shall be responsible for and pay all costs of clearing any title defects or liens except the SBA loan mortgage which Buyer will pay. Each party shall pay their own attorney's fees.

The parties acknowledge that Marlin M. Feagle and the law offices of Feagle & Feagle, Attorneys, P.A. represent the Buyer only in this transaction. Even though Marlin Feagle may act as settlement agent in this transaction, he will not be legal counsel for the Seller.

3

9. POSSESSION AND DATE OF CLOSING: This transaction shall be closed on or before , 2008, but not prior to all terms and conditions of this agreement which are required to be completed prior to the closing have taken place. Possession of the property shall be delivered to Buyer at closing and until the date of closing and passing of title, all risk of loss by fire, windstorm or other casualty shall remain with Seller. provided, however, that should Buyer go into possession of the

property prior to closing, from and after the date possession is delivered to Buyer, all risk of such loss shall be with Buyer.

10. REAL EST A TE BROKER: Each party represents to the other that there has been no real estate broker involved in the negotiation and the consummation of this agreement, and each agrees to indemnify and hold the other harmless from any and all liability for any claims by real estate brokers, salespersons, or agents.

11. NOTICES: Any notices required by this agreement shall be given by personal delivery or regular mail to the parties at their respective addresses as stated hereinabove. Any notice given in the manner specified in this paragraph by or to the attorney for either party shall be as binding and effective as if given by or to a party.

12. ATTORNEY'S FEES AND COSTS: In the event of default by either party under the terms of this agreement, the defaulting party shall be liable for, and agrees to pay, all costs and expenses incurred in the enforcement of this contract, including attorney's fees.

13. TIME OF ESSENCE -ASSIGNABILITY: The parties acknowledge and agree that time is of the essence of this agreement and that the same shall be construed in accordance with the laws of the State of Florida. This contract may not be assigned by Buyer to any person whomsoever without the prior written consent of Seller.

14. SURVIVAL OF REPRESENTATIONS: This agreement and all warranties and representations contained herein shall survive the closing of the transaction contemplated hereby and shall not be considered to merge into the closing documents and shall be separately enforceable by any of the parties hereto.

4

l 5. SPECIAL CONDITIONS:

(a) The parties acknowledge this contract, including all of its terms and conditions, is subject to approval by the Board of County Commissioners of Columbia County, Florida, and execution by its Chairman.

(b) It is also contingent upon Buyer receiving state or federal funding for the purchase of the property.

l6. ENVIRONMENTAL MATTERS: To the best knowledge and belief of Seller, no hazardous, toxic or petroleum substances have been generated, used. stored, treated or disposed of on or below the surface of the property. There are no environmental enforcement actions pending or threatened against Seller by any governmental agency, state, local or federal with reference to either air, water, ground or hazardous waste pollution with respect to the property. At closing, Seller will execute an affidavit that Seller is not aware of any violation of environmental laws regarding the condition of the property.

l 7. WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the property which are not readily observable by Buyer or which have not been disclosed to Buyer.

18. OTHER AGREEMENTS: This agreement constitutes the entire agreement between the parties and no prior or present agreements or representations not contained herein shall be binding upon any of the parties. No change, amendment, or modification hereof shall be effective, valid, or binding upon the parties unless reduced to writing and signed by the parties to be bound thereby.

19. PERSONS BOUND: The covenants herein contained shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators, successors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, and the plural, the singular, and the use of any gender shall include all genders.

20. DATE OF AGREEMENT: The date of this agreement shall be the date it is executed by the last of Seller and Buyer.

5

-------

IN \VITNESS \VHEREOF, Seller has executed this agreement this day of , 2008.

Signed, sealed and delivered in the presence of:

________(SEAL) Witness RANDY CHARLES E. SWEENY

Print or type name

Witness

Print or type name

STATE OF FLORIDA COUNTY OF COLUMBIA

The foregoing instrument was acknowledged before me this day of _______, 2007, by RANDY CHARLES E. SWEENY who is personally known to me or who has produced a Florida driver's license as identification.

Notary Public, State of Florida (NOTARIAL

SEAL) My Commission Expires:

6

lN \VITNESS WHEREOF, Buyer has executed this agreement this day of , 2008. ------

Signed, sealed and delivered COLUIVIBIA COUNTY, FLORIDA in the presence of:

By: --------------Witness Dewey Weaver, Chairman

Board of County Commissioners Print or type name

ATTEST: P. De Witt Cason, Clerk of Courts

Witness (SEAL)

Print or type name


The foregoing instrument was acknowledged before me this day of _______. 2008, by DEWEY WEA VER, as Chairman, and P. DEWITT CASON, as Clerk of Courts, of the BOARD OF COUNTY COMMISSIONERS OF COL Ul\'IBIA COUNTY, FLORIDA, on behalf of the Board, who are personally known to me or who have produced Florida driver's licenses as identification.



7

v\, Bus1-'ll ~ dl U.S. SMALL BUSINESS ADMINISTRATION "' 1./l

* * ~ ' ~

:;..h. 1953 .....,o'YfSTRr,..

LOAN NUMBER: 8115654009 RANDY SWEENY .:"'1 •.. 1 06/27/08

I, tt

PAYMENT DUE DATE YNSTAU.MENT AMOl:Vr AMOl 'NT "!OW Dl 'E

07/17/08 532.00 532.00

DATE OF LAST PAYMENT AMOUNT OF LAST PAYMENT AMOUNT TO PRINCWAL A.Mot TNT TO INTEREST PRESENT PRNrTPAl BALANCE

06/13/08 532.00 248.03 283.97 111899.73

PAYMENT ADDRESS ONLY PLEASE CONTACT THE SERVICING OFFICE LISTED BELOW IF YOl' HA.VE ANY QUESTIONS ON YrJL1R ACCOU'.'11

Small Business Administration Small Business Administration PO Box 740192 801 TOM MARTIN DRIVE SUITE 120 Atlanta GA 3037.t-0192 BIR.MlNGHAM AL 35211

Phone: 800 736-6048

TOTAL LOAN PAYOFF AMOUNT AS OF 07/17/08 $112,231.93

801 TOM MARTIN DRIVE SUITE 120 BIRMINGHAM AL 35211-0000

Go to https://www.pay.gov to schedule online payments. From the right side menu, select "SBA Payments";then select 11 1201 Borrower Payments". Make a one-time payment, or register as a user to set up recurring payments, save your account information, and display your payment history.

CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY

TOMl\UE SUE TH01\1AS, f/k/a TOl\[MIE SUE l\IUSSEL WHITE, a married person not residing on the property, whose mailing address is 8029 SW CR 242, Lake City, Florida 32024, (herein "Seller"), and COLUMBIA COUNTY, FLORIDA, a political subdivision of the State of Florida, whose mailing address is Post Office Box 1529, Lake City, Florida 32056-1529, (herein "Buyer"), hereby agree that Seller shall sell and Buyer shall buy the real property and improvements thereon, if any (herein "the property"), located in Columbia County, Florida, and described as follows:

TOWNSHIP 4 SOUTH - RANGE 16 EAST

Section l 0: Commence at the Southwest comer of Section 10, Township 4 South, Range 16 East, and run N 1°45'54" W, along the West side of said Section 10, 385.13 feet to the North side of a 50 foot road; thence N 79°51 '46" E, along said road, 328.19 feet to the POINT OF BEGINNING; thence N 1°45'54" W, 470.59 feet; thence N 87°55'25" E, 300 feet; thence S I O 45'54" E, 429.2 feet to the North line of said 50 foot road; thence S 79°51'46" W, along said 50 foot road 302.95 feet to the POINT OF BEGINNING.

Tax Parcel No.: I0-4S-16-02860-008

upon the following terms and conditions:

l. PURCHASE PRICE AND METHOD OF PAYIVIENT: The full purchase price for the property is THIRTY SEVEN THOUSAND FIVE HUNDRED AND N0/100 ($37,500.00) DOLLARS, payable as follows:

a. ONE THOUSAND AND N0/100 ($1,000.00) DOLLARS upon execution of this agreement by both Seller and Buyer; and

b. THIRTY SIX THOUSAND FIVE HUNDRED AND N0/100 ($36,500.00) DOLLARS cash or certified funds at closing.

2. CONVEYANCE AND TRANSFER: Seller represents and warrants that Seller is the owner of the fee simple title to the property and agrees to convey title to Buyer by ful1 wa1Tanty deed, free and clear of all liens, encumbrances, and defects, except as otherwise provided for herein.

3. TITLE EVIDENCE: Prior to closing, Seller will, at Seller's expense, furnish to Buyer evidence of title in the form of a binder or commitment for title insurance issued by a title insurance company acceptable to Buyer, agreeing to issue to Buyer upon closing an owner's title insurance policy in the amount of the purchase price, the premium for which shall be paid by Seller, insuring Buyer's title as good and marketable and free and clear of all encumbrances other than applicable zoning regulations, laws or ordinances, and subject to no other conditions or exceptions other than lien for current taxes and standard exceptions as contained in such title insurance policies.

4. TITLE EXAl\UNATION: If the evidence of title shall meet the requirements above specified, Buyer shall have until closing to examine the same and shall notify Seller in writing within such period, pointing out any defects and objections to the title. If Buyer does not notify Seller in writing of any defects and objections to title, Buyer shall be deemed to have accepted title and this transaction shall be closed as hereinafter provided. Seller shall have a reasonable period of time, not to exceed fifteen ( 15) days after written notice to Seller, within which to cure the defects and objections to title and will, in good faith, exercise due diligence to do so within said period of time.

If the defects in title are not cured within such time, Buyer shall have the right to either:

(a) Accept the title of Seller notwithstanding said defects, and to close this transaction in accordance with its terms and conditions; or

(b) Terminate this agreement, and if Buyer shall elect to terminate, all sums of money paid to Seller by Buyer shall be refunded to Buyer, and the obligations of the parties shall cease.

In the event of a disagreement between the parties with respect to whether or not there are, in fact, defects or objections to the title to the property, Seller shall have the right to tender to Buyer a title insurance binder issued by a reputable title insurance company qualified to do business in the State of Florida, agreeing to insure Buyer's title at closing for the amount of the purchase price against such defects and objections to the tit1e which are specifically raised by Buyer and which are in dispute between the parties. In the event Se1ler shall tender such title insurance binder or commitment (the cost of the same and the policy to be issued in connection therewith to be paid by Seller), Buyer shall be obi igated to and shall forthwith close the transaction contemplated hereby.

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5. SURVEY: Seller shall provide Buyer with any existing surveys on the property. However, Buyer may elect to have the property surveyed at Buyer's expense prior to closing. If the survey shows any encroachments on the property or that the improvements, if any, located thereon encroach on other lands. written notice of the same shall be given to Seller and Seller shall have the same time to remove such encroachme_nts as is provided for herein for the curing of defects in title. If Seller shall fail to remove or cure said encroachments within said period of time, the failure to do so shall constitute a default by Seller under the terms of this contract and shall entitle Buyer to such remedies as are otherwise provided for herein for such defaults.

6. DEFAULTS: If Buyer fails to perform this contract within the time specified (including payment of all deposits hereunder), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages as Seller's sole and exclusive remedy, consideration for the execution of this contract and in full settlement of any claims; whereupon Buyer and Seller shall be relieved of all obligations under contract. [f, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, the Seller fails, neglects or refuses to perform this contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit thereby waiving any action for damages resulting from Seller's breach.

7. PRORATIONS AND ADJUSTMENT: Real property taxes and non-ad valorem assessments for the year in which this transaction is closed and insurance premiums and rents, if any, shall be prorated between the parties at the date of closing.

8. COSTS: Seller shall be responsible for and pay all costs of furnishing to Buyer the evidence of title required under the terms of this agreement, including owner's title insurance policy, preparation of warranty deed, documentary stamps on the deed, Seller's appraisal fee, and all costs of clearing defects in title and release of liens or other encumbrances. Buyer shall be responsible for and pay all costs of recording the deed and Buyer's appraisal fee. Each party shall pay their own attorney's fees.

The parties acknowledge that Marlin M. Feagle and the law offices of Feagle & Feagle, Attorneys, P.A. represent the Buyer only in this transaction. Even though Marlin Feagle may act as settlement agent in this transaction, he will not be legal counsel for the Sel1er.

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9. POSSESSION AND DATE OF CLOSING: This transaction shall be closed on or before , 2008, but not prior to all terms and conditions of this agreement which are required to be completed prior to the closing have taken place. Possession of the property shall be delivered to Buyer at closing and until the date of closing and passing of title, all risk of loss by fire, windstorm or other casualty shall remain with Seller, provided, however, that should Buyer go into possession of the property prior to closing, from and after the date possession is delivered to Buyer, all risk of such loss shall be with Buyer.

10. REAL ESTATE BROKER: Each party represents to the other that there has been no real estate broker involved in the negotiation and the consummation of this agreement, and each agrees to indemnify and hold the other harmless from any and all liability for any claims by real estate brokers, salespersons, or agents.

11. NOTICES: Any notices required by this agreement shall be given by personal delivery or regular mail to the parties at their respective addresses as stated hereinabove. Any notice given in the manner specified in this paragraph by or to the attorney for either party shall be as binding and effective as if given by or to a party.

12. ATTORNEY'S FEES AND COSTS: In the event of default by either party under the terms of this agreement, the defaulting party shall be liable for, and agrees to pay, all costs and expenses incurred in the enforcement of this contract, including attorney's fees.

13. TIME OF ESSENCE -ASSIGNABILITY: The parties acknowledge and agree that time is of the essence of this agreement and that the same shall be construed in accordance with the laws of the State of Florida. This contract may not be assigned by Buyer to any person whomsoever without the prior written consent of Seller.

14. SURVIVAL OF REPRESENTATIONS: This agreement and all watTanties and representations contained herein shall survive the closing of the transaction contemplated hereby and shall not be considered to merge into the closing documents and shall be separately enforceable by any of the parties hereto.

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15. SPECIAL CONDITIONS:

(a) The parties acknowledge this contract, including all of its terms and conditions, is subject to approval by the Board of County Commissioners of Columbia County, Florida, and execution by its Chairman.

(b) It is also contingent upon Buyer receiving state or federal funding for the purchase of the property.

16. ENVIRONJ.VIENTAL MATTERS: To the best knowledge and belief of Seller, no hazardous, toxic or petroleum substances have been generated, used, stored, treated or disposed of on or below the surface of the property. There are no environmental enforcement actions pending or threatened against Seller by any governmental agency, state, local or federal with reference to either air, water, ground or hazardous waste pollution with respect to the property. At closing, Seller will execute an affidavit that Seller is not aware of any violation of environmental laws regarding the condition of the property.

l 7. WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the property which are not readily observable by Buyer or which have not been disclosed to Buyer.

18. OTHER AGREEMENTS: This agreement constitutes the entire agreement between the parties and no prior or present agreements or representations not contained herein shall be binding upon any of the parties. No change, amendment, or modification hereof shall be effective, valid, or binding upon the parties unless reduced to writing and signed by the parties to be bound thereby.

19. PERSONS BOUND: The covenants herein contained shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators, successors and assigns of the parties hereto. Whenever used, the singular number shall mc1ude the plural, and the plural, the singular, and the use of any gender shall include all genders.

20. DATE OF AGREEl\ilENT: The date of this agreement shall be the date it is executed by the last of Seller and Buyer.

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--------

IN \VITNESS \VHEREOF, Seller has executed this agreement this day of 2008.

Signed, sealed and delivered in the presence of:

___________(SEAL) \Vitness TOMl\UE SUE THOMAS

f/k/a Tommie Sue Musselwhite Print or type name

Witness

Print or type name

ST ATE OF FLORIDA COUNTY OF COLUMBIA

The foregoing instrument was acknowledged before me this day of , 2007, by TOMMIE SUE THOMAS f/k/a TOMMIE SUE

1\!IUSSELWHITE who is personally known to me or who has produced a Florida driver's license as identification.



--------

IN WITNESS \VHEREOF, Buyer has executed this agreement this day of ----. 2008.

Signed, sealed and delivered COLUMBIA COUNTY, FLORIDA in the presence of:

By: ____________ Witness Dewey Weaver, Chairman

Board of County Commissioners Print or type name

ATTEST: P. DeWitt Cason, Clerk of Courts

Witness (SEAL)

Print or type name


The foregoing instrument was acknowledged before me this day of 2008, by DEWEY WEA VER, as Chairman, and P. DEWITT

CASON, as Clerk of Courts, of the BOARD OF COUNTY COMMISSIONERS OF COLUMBIA COUNTY, FLORIDA, on behalf of the Board, who are personally known to me or who have produced Florida driver's licenses as identification.



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Contract Number: 08HM-3G-03-22-01-056 CFDA Number: 97.039

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 " Division "), and

Columbia County, (hereinafter referred to as the "Recipient").

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 and

Scope of Work, Attachment A 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 B.

(3) PERIOD OF AGREEMENT.

This Agreement shall begin upon execution and shall end May 2, 2011, 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.

(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 0MB Circular No. A-110, "Grants and Agreements with Institutions of High

Education, Hospitals, and Other Nonprofit Organizations," and either 0MB Circular No. A-87, "Cost

Principles for State and Local Governments," 0MB Circular No. A-21, "Cost Principles for Educational

Institutions," or 0MB 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, the 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 or its 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, with the following

exceptions:

1. If any litigation, claim or audit is started before the expiration of the five year

period and extends beyond the five year period, the records will be maintained until all litigation, claims or

audit findings involving the records have been resolved.

2. Records for the disposition of non-expendable personal property valued at

$5,000 or more at the time of acquisition shall be retained for five years after final disposition.

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 all subcontractors or

consultants to be paid from funds provided under this Agreement, including supporting documentation of

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all program costs, in a form sufficient to determine compliance with the requirements and objectives of the

Budget and Scope of Work - Attachment A - and all other applicable laws and regulations.

(d) The Recipient, its employees or agents, including all subcontractors or consultants to

be paid from funds provided under this Agreement, shall allow access to its records at reasonable times

to the Division, its employees, and agents. "Reasonable" shall 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

(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 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 government or a non-profit organization as defined in 0MB

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 0MB 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 0MB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor

3

General in accordance with the provisions of 0MB 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 0MB 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 0MB 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 0MB Circular A-133, as revised, the cost of

the audit must be paid from non-Federal resources (i.e., 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 0MB Circular

A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section

.320 (d), 0MB 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 Recovery and Mitigation


The Federal Audit Clearinghouse designated in 0MB Circular A-133, as revised (the number of copies

required by Sections .320(d)(1) and (2), 0MB Circular A-133, as revised, should be submitted to the

Federal Audit Clearinghouse), at the following address:

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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), 0MB

Circular A-133, as revised.

(f) Pursuant to Section .320 (f), 0MB Circular A-133, as revised, the Recipient shall

submit a copy of the reporting package described in Section .320 (c), 0MB Circular A-133, as revised,

and any management letter issued by the auditor, to the following addresses:

Department of Community Affairs Office of Audit Services


[an electronic copy shall also be submitted to [email protected]]

and

Division of Emergency Management Bureau of Recovery and Mitigation


(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

0MB 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 0MB 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

regulations and Agreement provisions within thirty (30) days after the Department or the Division has

notified the Recipient of such non-compliance.

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U) The Recipient shall have all 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 seven (7) months from the end of the

Recipient's fiscal year.

(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

subrecipients 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 information as requested by the

Division.

(b) Quarterly reports are due to be received by the Division no later than 15 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 30, September 30 and December 31.

(c) The close-out report is due 60 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, Attachment A.

(e) The Recipient shall provide such additional program updates or information as may

be required by the Division.

(8) MONITORING.

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, Attachment A is accomplished within

the specified time periods, and other performance goals stated in this Agreement are achieved. Such

6

review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment

A to this Agreement, and reported in the quarterly report.

In addition to reviews of audits conducted in accordance with 0MB 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 the Division staff, limited scope audits as defined by

0MB 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 in 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

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

7

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 shall 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

obi igations 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 any one or more of the following remedies, either concurrently

or consecutively:

(a) Terminate this Agreement, provided that the Recipient is given at least thirty (30)

days prior written notice of such termination. The notice shall be effective when placed in the United

States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to

the address set forth in paragraph (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:

8

1. requesting additional information from the Recipient to determine the reasons

for or the extent of non-compliance 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, discontinue 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 governing 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 any one 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

commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar

days prior written notice.

9

(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 notification of

termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after

the date of receipt of notice 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, certified 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:

Ms. Kathleen Marshall, Planning Manager Bureau of Recovery and Mitigation Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: (850) 922-5944 Fax: (850) 922-1259 Email: [email protected]

(c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is:

Mr. Dale Williams, County Manager Columbia County County Courthouse Annex 135 Northeast Hernando Avenue, Suite 203 Lake City, Florida 32055 Telephone: (386} 758-1005 Fax: (386) 758-2182 Email: [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.

10

(14) SUBCONTRACTS

If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the

fully executed subcontract must be forwarded to the Division within ten (10) days of execution for review

and approval. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by

the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and

regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of

whatever nature arising out of the subcontractor's performance of work under this Agreement, to the

extent allowed and required by law. 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 and Scope of Work

Attachment B - Program Statutes and Regulations

Attachment C - Statement of Assurances

Attachment D Request for Reimbursement

Attachment E - Justification of Advance

Attachment F - Quarterly Report Form

Attachment G Warranties and Representations

Attachment H - Certification Regarding Debarment, Suspension,

Ineligibility and Voluntary Exclusion

11

(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 $102,640.00

subject to the availability of funds. All requests for reimbursement of administrative costs must be

accompanied by the back-up documentation evidencing all such administrative costs.

(b) 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 0MB Circulars A-87, A-110, A-122 and the Cash

Management Improvement Act of 1990. If an advance payment is requested, the budget data 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.

___ An advance payment of is requested.

(c) After the initial advance, if any, payment shall be made on a reimbursement basis as

needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,

Attachment A 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, the State Office of Planning 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.

(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:

12

Department of Community Affairs Cashier

Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100

In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the 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.

(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.

13

(d) The Agreement may be executed in any number of counterparts, any one of

which may be taken as an original.

(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public

Law 101-336, 42 U.S.C. Section 12101 et 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

excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor

list or on the discriminatory vendor list.

(g) With respect to any Recipient which is not a local government 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 performing a public (federal, state or local) transaction or contract

under public transaction; violation of federal or state antitrust statutes or commission of embezzlement,

theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen

property;

3. are not presently indicted or otherwise criminally or civilly charged by a

governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph

20(h)2. of this certification; and

14

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 H) 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.

(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

15

Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the

Department.

(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.

(o) 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 this Agreement must have been produced in the United States as required under 41 U.S.C. 1 Oa.

(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

complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its

1nstructions.

16

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 performed under this Agreement, or in any way connected herewith, the Recipient shall

refer the discovery or invention to the Division 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.

17

(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all

intellectual properties relevant to the performance of this Agreement which he or she knows or should

know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any

pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such

property exists. The 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 C.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their

undersigned officials as duly authorized.

Date:______J_u_n_e_5_.,;......._2_0_0_8____

FID# ___..5'"""'"9--6=-'0""""0......0a.=-5-=-64....________

STATE OF FLORIDA

DIVISION OF EMERGENCY MANAGEMENT

BY:__{,s_7:__ ..,_(.......,._I---"~______,-'>-.,,_.,,-_--_--___

Name and Title: W. ~g Fugate, Director

Date: b Jl/1·t/ 1>Y

18

EXHIBIT- I

FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:

NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded.

Federal Program: Federal Emergency Management Agency, Hazard Mitigation Grant Catalog of Federal Domestic Assistance Number: 97.039 Amount of Federal Funding: $102,640.00.

COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:

NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below.

Federal Program: List applicable compliance requirements as follows:

1. Recipient is to use funding to perform the following eligible activities; include mitigation projects that will result in protection of public or private property from natural hazards. Eligible projects include, but are not limited to:

• Acquisition of hazard prone properties • Retrofitting of existing buildings and facilities • Elevation of flood prone structures • Infrastructure protection measures • Storm water management improvements • Minor structural flood control projects • Relocation of structures from hazard prone areas • Retrofitting of existing buildings and facilities for shelters • Vegetative management/soil stabilization • Mitigation Planning Project • Other projects that reduce future disaster losses

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: Instead of listing the specific compliance requirements as shown above, the 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. For example, for Federal Program 1, 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: Section .400(d) of 0MB 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.

19

Attachment A

Budget and Scope of Work

Scope of Work

As a Hazard Mitigation Grant Program project, the Recipient, Columbia County, will acquire and demolish two (2) residential structures and convert the land to open-space on the addresses listed below:

1. Randy Sweeny located at 261 Southwest Fulton Place, Lake City, Florida 32024.

2. Tommie Sue Thomas located at 267 Southwest Fulton Place, Lake City, Florida, 32024.

The structure(s) suffers repeated damage from floods. All associated debris will be removed to clear site. The land will be converted to open space and the deed restricted as set forth in the FEMA program requirements concerning the acquisition of property for open space (44 C.F.R. 206.434 (e). Proof of a restriction imposed on the deed to remain open space in perpetuity is required for close-out.

This is FEMA project 1561-160-R, funded under 1561-DR-FL.

The Period of Performance for this project ends on May 2, 2011.

Schedule of Work State Contracting Process: 6 Months Purchase of Property: 3 Months Demolition of Structure, Haul and Disposal: 1 Month State Final Inspection: 6 Months State Closeout: 6 Months Disaster Delays: Total Period of Performance:

6 Months 28 Months

Budget* Project Cost Federal Share Local Share

Randy Sweeny: $ 92,000.00 $ 69,000.00 $23,000.00 Tommie Sue Thomas: $ 38,500.00 $ 28,875.00 $ 9,625.00 Fees Paid: Tipping Fees - Sweeny: Fees Paid: Tipping Fees - Thomas:

$ 1,000.00 $ 500.00

$ 750.00 $ 375.00

$ 250.00 $ 125.00

Sub-Total: $132,000.00 $ 99,000.00 $33,000.00 Administrative Cost: $ 0.00 $ 3,640.00 $ 0.00 Total: $132,000.00 $102,640.00 $33,000.00

* Any line item amount in this Budget may be increased or decreased 10% or less without an amendment to this Agreement being required, so Jong as the overall amount of the funds obligated under this Agreement is not increased.

Funding Summary

Federal Share: $99,000.00 (75%) Local Share: $ 33,000.00 (25%) Total Project Cost: $132,000.00 (100%)

Recipient Administrative allowance up to $3.640.00.

20

599.000

:::eo:RA.L :ME:R·3EN~Y MANAG!::MENT AGENCY

HAZARD MITJGA TION GRANTS PROGRAM

Obligation Report w/ Signatures

:nsaster FE:tvlA Amenament State A~tion Suppiememal r-..lc ?rojec: No No A.opiicatior ID Ne No State

150-R 0 245 223 :=:-L Statewide

Subgrantee: Columbia (County) Project Title. C-:::>LUMBIA CDUNTY. -H:>MAS & SWEENY PRO=>ERTIES-.~CQJ1Si710N AN:) DEMOL:710NSubgrantee FIPS Code: G23-99C23

Total Amount Total Amount Total Amount AvaHableTotai Amount Previously Allocated Previously Obiigated Pending Obligation for New '.:>bligation

$99.000 so $0

Project Amount Grantee Adm in Est Subgrantee Admin Est T::>tar Obligation IFMIS Date IFMIS Status FY

$99,000 $783 $3.640 $103,423 04/25/2008 Accept 2008

Comments

Date: 04/25/2008 User Id: DVANDEW1

Comment: MA approves obligation

Date: 04/25/2008 User Id: MARTHUR1

Comment: HMO approves obligation and submit ro ES for approval

Authorization

Preparer Name: DAVID VANDEWATER Preparation Date: 04/25/2008

HMO Authorization Name: MARCELLE ARTHUR HMO Authorization Date: 04/25/2008

Sliding S::::a1e ?ercentaoe·

UC to S~ :::,.: JOO ::: :3 )C'%

clC to S' :))C ')'.)0 2.)0<>;r, ~ )1"101JC tc ~5.)·JS '.)JC OC ~ :o

Ex:~ss 0.50% 20-A

FEDERAL EMERGENCY Mt.NAGEMENT "GENCY HAZARD MITIGATION 3RANTS ?ROGRAM

:)biigation Report wi Signatures

)isast~' FE.lv'IA Ar.1en:lment State Action $:.Jppiemental N::; oroJe:t No No ~ppilcattor. IJ No No State

0 223 FL Statewide

Su::>9iantee: Columbia (County) S:.J::>grantee i=IPS :.ode: 023-93G23

A.dmin Calculation

Admm Cost Calculation Sliding Scale

Justification:

Authortz.in_ef'Official· Signature

Authorizing Official Signature

?roie=t "Title : G'.:>LJMBIA C:>UNTY. "7"":-i'.)MAS & SWEENY D~O?ERTIES-, .AC:.)lJIS!Tl'.)N .L..NS DEMO..JTION

·.:.aiculation Percentage: NIA

Authorizing Official Title Authorization Date

Authorizing Official Title Authorization Date

JP TC $~ 00 DOC = 3 QC'%:

JC ..., $~ .}JC. 1)JO 2 DC%

!JC t~ i5 J:r: )'.)G C>C 0(;%

:::.x::sss C.50°1~

~Ei)ERAL EM:R•3ENCY MANAGEMENT A:;ENCY HAZARC MITIGATION GRANT PROGRAM

Project Management Report

~!S3Ster =::MA Amendment Aop IJ State Grantee ~J..J~~er Pr:iJe=t Num::ier Number

: ::11:::. 150 -R 0 245 r'L Statewide

Su::>g:-amee ,:olumb1a t:oumy'.

=1:::,5 :,;:;,J: S23-99G22 DroJect ":""itle . ::>L..UMBIA ,::>UNTY. ::-+'.)MAS & SWEENY PKO?ER7"!ES- A.'.:;QUISiTID~

,ii ---

Mitiaation Project Description

Amendment Status : Aoproved Approval Status: Approved

Project Title : COLUMBIA COUNTY. THOMAS & SWEENY PROPERTIES- ACQUtS[TION

Grantee : Statewide Subgrantee : Columbia (County)

G:-antee County Name: Columbia Suograntee County Name Columbia

Grantee County Code : 23 Subgrantee County Code: 23

Grantee Place Name : Columbia (County1 Subgrantee Place Name . Columbia (County)

Grantee Place Code : 0 Subgrantee Pia~ Code : 99023

Project Closeou: Date : 00/00/0000

Work Schedule Status

00/00/0QQQ::======== I

00/00/0000

·J0/00/0000

00/00/0000

00/00/0000

00/00/0000

Approved Amounts

Tota! Approved Federal Total Approved Non-Federal Total Approved Net Eligible Share Per::ent Federal Share Amount Share Percent Non-Fed Share Amount

All::>catjons

Allocation Num::ier

IFM!S Status

IFM!S Date

Submission Date FY

ES Support Req ID

ES Amend Number

Proj Allee Amount Fed Share

Grantee Admin Amount

Subgrantee Admin Amount

Total Al\oc Amount

.A. 04/25/2008 04,'23/2008 2008 1398581 6

Total

:>bligations

A.::tion IFMIS IFMIS Submission ES Suoport ES .!.\mend Suppl Project Obligated Grantee Admin Subgrantee Total Obligated Nr Status Date Date FY Req ID Number N r Amt - Fed Share Amount Admm Amount Amount

A (•4/25/2008 04/25/2008 2008 1468741 222 223 $99.000 $783 $3.640 $10~

Total $99.000, $1C3 423

20-C

2 -.s ?lv'I

FE~ERAL ::MERGENCY MANAGEMENT AGENCY HAZARD MrTIGA TION GRANT PROGRAM

f:nvironmental Report

=::Mb. Amendment App ID S~ate Grantee ;:;,:>Je::t Number Number

~ 561 160-R 0 245 FL Statewide S;..1:::;gramee: Columbia 1County1 =t=>S :ode· :23-99023 :::>reject 7it1e. C>::>;..UMBlA c:>JNTY, :HOM.(.),S & SWEE:NY ?ROPcRTl=S-ACG)UISITl:)1'

~::.MA Laws/EOs Status

'.:.:::;asta. Barriers Resources Act ICBRA) Completed

:iear. Water Act tCWA) Completed

C::astal Zone Management Act (CZfviA) Completed

=.ndangered Species Act (ESA) Completed

Gomment: No effect to any T & E species or habitat per project description.-MHAIGHT1 -04/02/2008 19:07 GMT

Fish and Wildlife Coordination Act (FWCA) Completed

National Historic Preservation Act (NHPA) Completed

comment: Structures are less than 50 years old per project description. Construction dates: 1988, 1980, 1944, 1999.-MHAIGHT1-04/02/2008 19:07 GMT 417l'JB - Construction dates should be Sweeny-i 994 and Thomas-1 996. Other properties removed from :::onsuideration.-RMYERS 1-04/07/2008 14:53 GMT

Glean Air Act (CAA) Completed

::..0. 'l 1988: Floodplains Completed

Comment: The action as described (acquisition) has nc potential to adversely impact the fbodplain. Zone X.-MHAIGHT1-04/02/2008 19:08 GMT

E. O 11990: Wetlands Completed

E. J. : 2898. Environmental Justice for Low ln:::ome and Minority Populations Completed

20-D

1

FE::::>ERAL ::MERGENCY MAl,AGEMENT AG:NCY HAZARD M[TIGATION GRANT PROGRAM

Environmental Report

:i:saster =::MA. Amendment App IJ State ·3rantee 1\!Ul1~~; P:-oJect Nur.iber r-Jumoer

: 561 ~60-R 0 245 rL Statewide S..m;i:-arnee: :.olumbia 1County'.

=i?s ·:.o:ie. c:3-99C23 Proie:t -itie : COL:.JMBIA COUNTY. -:-IOMAS & SW:=c:.NY ?ROPERTl::S- .~CQUtSiTI:>~ =EMA NEPA Process

=:MA Status {" .:in cxcraordznary circumstance cxzsts and leads 10 a:atex - Gompieted significant envzronmenza: impact ,see 44CPR )C.8 (d) (3), ar: Errvzror..Assesment sna.I: be prepared

CATEX Type Code ~ No Extraordinary Circumstan:es Requiring an EA

8. Acquisition or lease of existing facility (viii) Documentation Complete 04/02/2008

Standard Conditions

: Any :hange to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders.

2. This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all feaeral. state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. 2. 17 ground disturbing activities occur during construction. applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA.

·:omment:

T:-iis acquisition/demolition project; described as purchasing property at fair market value and demolish all structures and dispose in accordance with state and federal guidelines in the sub-grantee application, is categorically excluded from preparation of an Environmental Assessment per 44CFR Part 10.8(d)(2)(viii) contingent on compliance with noted conditions. The dates of construction are 1988, 1980, 1994, and 1999 .

.t..ny changes to the approved mitigation measure or scope of work will require resubmission though the State to FEMA, and will require ;eevaluation for compliance with the National Environmental Policy Act (NEPA) and Sec. 106 of the National Historic Preservation Act (NHPA) prior to initiation of any work. Non-compliance with these requirements may Jeopardize FEMA's ability to fund this project. -1111HAIGKT1-04/02/2008 19:05 GMT 4 708 - Construction dates should be Sweeny-1994 and Thomas-1996. Other oroperties removed from consideration.-RMYERS1-04/07/2008 ';4:53 GMT

20-E

Attachment B

Program Statutes and Regulations

The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regulations:

(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;

(2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25,206,220, and 221, and any other applicable FEMA policy memoranda and guidance documents;

(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;

(4) Hazard Mitigation Long-term Recovery Guidance; and

(5) All applicable laws and regulations delineated in Attachment C of this Agreement

In addition to the above statues and regulations, the Recipient must comply with the following:

The Recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in

accordance with the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not deviate from the approved project and the terms and conditions of this Agreement. Recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project.

Any development permit issued by, or development activity undertaken by, the Recipient and any land use permitted by or engaged in by the Recipient, shall be consistent with the local

comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any federal, state, or local environmental or land use permitting authority, where required. Recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards.

Recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required.

If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project:

1. The property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices;

2. No new structure will be erected on property other than: (a) a public facility that is open on all sides and functionally related to a designated open space; (b) a restroom; or

21

3. A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure;

4. After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and

5. If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property.

HMGP Contract Manager will evaluate requests for cost overruns and submit to the Regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44CFR 206.438(b).

The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. You are reminded that no construction may occur in this phase, that a full environmental review must be completed prior to funding Phase II.

As a reminder, the Recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments:

1. For construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need for additional funds" (44 CFR 13 (c));

2. A change in the scope of work must be approved by FEMA in advance regardless of the budget implications; and

3. The Recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA 60 days prior to the project expiration date.

STATEMENT OF ASSURANCES

The Recipient assures that it will comply with the following statues and regulations, to the extent applicable:

1) 53 Federal Register 8034 2) Federal Acquisition Regulations 31.2 and 031.2 3) Section 1352, Title 31, US Code 4) 0MB CircularsA-21, A-87, A-110, A-122 5) Chapter 4 73, Florida Statutes 6) Chapter 215, Florida Statutes 7) Section 768.28, Florida Statutes 8) Chapter 119, Florida Statutes 9) Section 216.181 (6), Florida Statutes 10) Cash Management Improvement Act Of 1990 11) American with Disabilities Act 12) Section 112. 061 , Florida Statutes 13) Immigration and Nationality Act 14) Section 286.011, Florida Statutes 15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements

28 CFR, Part 66, Common rule, 16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 17) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975

22

18) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593

19) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) 20) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 21) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 22} 28 CFR applicable to grants and cooperative agreements 23) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 24) 42 USC 3789(d), or Victims of Crime Act (as appropriate); 25) Title VI of the Civil Rights Act of 1964, as amended; 26) Section 504 of the Rehabilitation Act of 1973, as amended; 27) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); 28) Title IX of the Education Amendments of 1972; 29) the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 30) 28 CFR Part 42, Subparts C,D,E, and G 31) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 32) Federal Acquisition Regulations 31.2 and 931.2

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Attachment C

Statement of Assurances

To the extent the following provisions apply to the award of assistance in this Agreement, as determined by the awarding agency, the Recipient hereby assures and certifies that:

(a) It possesses legal authority to enter into this agreement, and to execute the proposed program;

(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandings and assurances contained therein, and directing and authorizing the Recipient's chief ADMINISTRATIVE officer or designee to act in connection with the application and to provide such additional information as may be required;

(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Recipient or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose state above;

(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by DEM. All Recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event;

(e) It will comply with:

(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and

(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week.

(f) It will comply with:

(1) Title VI of the Civil Rights Act of 1964 ( P .L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another

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purpose involving the provision of similar services or benefits;

(2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973;

(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship;

(g) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-336, 42 U.S.C. Section 12101 et seq.), where 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;

(h) It will establish safeguards to prohibit employees from using 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 pursuant to Section 112.313 and Section 112.3135, FS;

(i) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlavvs and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities;

U) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees;

(k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding 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 having special flood hazards. The phrase "Federal 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;

(I) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor;

(m) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of

Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by:

(1) Consulting with the State Historic Preservation Office 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 Section 800.8) by the proposed activity; and

25

(2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties.

(3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800.

(4) When any of Recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency Management Agency (FEMA) may require Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, Recipient agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished.

(5) Recipient agrees to notify FEMA and DEM if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery of archeological data from the property.

If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation {Council) publication "Treatment of Archeological Properties". Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the Council or the SHPO object, Recipient shall not proceed with the project until the objection is resolved.

(6) Recipient shall notify DEM and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient

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acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property.

(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur.

(n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex;

(o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism;

(p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;

(q) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures;

(r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto;

(s) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement;

(t) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P .L. 88-352), which prohibits discrimination on the basis of race, color or nation origin;

(u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;

(v) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;

(w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544;

(x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;

(y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270;

(z) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;

(aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq;

27

(bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-discrimination;

(cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources;

(dd) It will comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs;

(ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system;

(ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice);

(gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;

(hh) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and

(ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.

(jj) With respect to demolition activities, it will:

1. Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement.

2. Return the property to its natural state as though no improvements had ever been contained thereon.

3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department.

4. Provide documentation of the inspection results for each structure to indicate:

a. Safety Hazards Present b. Health Hazards Present c. Hazardous Materials Present

5. Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures.

6. Leave the demolished site clean, level and free of debris.

7. Notify DEM promptly of any unusual existing condition which hampers the contractors work.

8. Obtain all required permits.

9. Provide addresses and marked maps for each site where water wells and septic tanks

28

are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures.

10. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163).

11. Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations ( 40 CFR Part 15 and 61 ). This clause shall be added to any subcontracts.

12. Provide documentation of public notices for demolition activities.

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Attachment D


REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION GRANT PROGRAM FUNDS

RECIPIENT NAME: ___ m--'b-"-"ia C.;;....oun"'-"-tyC---ol~u...... __ ......____ ______________________

ADDRESS:-----------------------------

CITY, STATE, ZIP CODE: _______________________

PAYMENT No:___ DEM Agreement No: 08HM-3G-03-22-01-056

FEMAT k' N brac mg um ers: - -1561 160 R

Eligible Amount 100%

Obligated Federal

75%

Obligated Non-Federal

25% Previous Payments

Current Request

DEM Use Only

Approved Comments

TOTAL CURRENT REQUEST$_____

I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements were made in accordance with all conditions of the DEM agreement and payment is due and has not been previously requested for these amounts.

RECIPIENT SIGNATURE ________________________

NAME AND TITLE____________________ DATE:_______

TO BE COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT

APPROVED PROJECT TOTAL$___

ADMINISTRATIVE COST $ ___ GOVERNOR'S AUTHORIZED REPRESENTATIVE

APPROVED FOR PAYMENT $___ DATE

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SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE

HAZARD MITIGATION GRANT PROGRAM

Applicant: Columbia County Disaster No. 1561

DEM Agreement No. 08HM-3G-03-22-01-056 FEMA Tracking# 1561-160-R

Applicant's Reference No.

Date of delivery of articles,

DOCUMENTATION List Documentation (Applicant's payroll, material out of

Applicant's Eligible Costs

(Warrant, Voucher, completion of applicant's stock, applicant owned equipment and name of 100% Claim Check, or work or vendor or contractor) by category and line item in the Schedule No.) performance approved project application and give a brief description of

services. the articles or services.

Attachment E

JUSTIFICATION OF ADVANCE PAYMENT

RECIPIENT:

Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months.

[ ] NO ADVANCE REQUESTED

No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required.

ADVANCE REQUEST WORKSHEET

[ ] ADVANCE REQUESTED

Advance payment of$ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance.

If you are requesting an advance, complete the following worksheet.

DESCRIPTION

1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT

I EXPEND1TURES1

3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.)

(A) FFY

{B) FFY

{C) FFY

{D) Total

2005-2006 2006-2007 2007-2008

First three months expenditures need only be provided for the years in which you requested an advance. If you do not have this infonnation, call your consultant and they will assist you.

MAXIMUM ADVANCE ALLOWED CALULATION:

X $~~~~~~~~~- = Cell D3 HMGP Award MAXIMUM

(Do not include match) ADVANCE

REQUEST FOR WAIVER OF CALCULATED MAXIMUM

] Recipient has no previous HMGP contract history. Complete Estimated Expenses chart and Explanation of Circumstances below.

[ Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed.

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ESTIMATED EXPENSES

BUDGET CATEGORY 2007-2008 Anticipated Expenditures for First Three Months of Contract

ADMINISTRATIVE COSTS

PROGRAM EXPENSES

TOTAL EXPENSES

Explanation of Circumstances:

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Attachment F

DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM

QUARTERLY REPORT FORM

RECIPIENT: Columbia County Project Number: 1561-160-R

PROJECT LOCATION: Acquisition DEM ID#: 08HM-3G-03-22-01-056

DISASTER NUMBER: FEMA-1561-DR-FL QUARTER ENDING:

Provide amount of advance funds disbursed for period (if applicable)$ _______ Provide reimbursement projections for this project:

July-Sep, 200_$__ Oct-Dec, 200_$__ Jan-Mar, 200_$__ Apr-June, 200_$__

July-Sep, 200_$__ Oct-Dec, 200_$___ Jan-Mar, 200_$___ Apr-June, 200_$__

Percentage of Work Completed (may be confirmed by state inspectors): ____%

Project Proceeding on Schedule: [] Yes [] No

Describe milestones achieved during this quarter:

Provide a schedule for the remainder of work to project completion:

Describe problems or circumstances affecting completion date, milestones, scope of work, and cost:

Cost Status: [] Cost Unchanged [ ] Under Budget [] Over Budget

Additional Comments/Elaboration:

NOTE: Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at any time. Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact DEM as soon as these conditions become known, otherwise you may be found non-compliant with your subgrant award.

Name and Phone Number of Person Completing This Form ________________

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Attachment G

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 that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest.

(3) Effective control over and accountability for all funds, property and other assets. Recipient shall 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 information should be related to performance and unit cost data.

(5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant.

(6) Accounting records, induding 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 performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offerer 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 financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient.

35

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.

36

Attachment H

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, declared 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:

Recipient's Name

Division Contract Number

P.O. Drawer 1529 Street Address Lake City, FL. 32056-1529

City, State, Zip June 5, 2008

Date

37