TERREBONNE PARISH COUNCIL

Transcription

1 TERREBONNE PARISH COUNCIL BUDGET AND FINANCE COMMITTEE Ms. Arlanda Williams Mr. Dirk J. Guidry Mr. John Navy Mr. Gerald Michel Mr. Scotty Dryden Chairwoman Vice-Chairman Member Member Member Ms. Christa Duplantis- Member Prather Member Mr. Darrin Guidry Member Mr. Al Marmande Member Mr. Steve Trosclair In accordance with the Americans with Disabilities Act, if you need special assistance, please contact Venita H. Chauvin, Council Clerk, at (985) describing the assistance that is necessary. AGENDA December 17, :40 PM Parish Council Meeting Room NOTICE TO THE PUBLIC: If you wish to address the Council, please complete the "Public Wishing to Address the Council" form located on either end of the counter and give it to either the Chairman or the Council Clerk prior to the beginning of the meeting. Individuals addressing the council should be respectful of others in their choice of words and actions. Thank you. ALL CELL PHONES, PAGERS AND ELECTRONIC DEVICES USED FOR COMMUNICATION SHOULD BE SILENCED FOR THE DURATION OF THE MEETING INVOCATION PLEDGE OF ALLEGIANCE CALL MEETING TO ORDER ROLL CALL 1. RESOLUTION: Authorizing the Parish President the behalf of the Terrebonne Parish Consolidated Government (TPCG) to enter into a Sub-recipient Agreement with the L. E. Fletcher Technical Community College (FTCC), represented by Kristine Strickland, Ph.D, Chancellor, to receive and expend a specified amount of fund for the purpose approved in TPCG's Multi-year Implementation Plan for the expenditure of its Restore Act Direct Component Allocation. 2. RESOLUTION: Concurring with the recommendation of Parish Administration to reject all submittals for Bid 18-BCSP-80 Purchase of New/Unused LED Teardrop Luminaries for Bayou Country Sports Park Roadway and authorize a rebid 3. RESOLUTION: Concurring with the recommendation of Parish Administration to award Bid 18-TRAN-74

2 Purchase of New/Unused Bus Stop Shelters and Solar Lighting Kits to Tolar Manufacturing Company, Inc. 4. Introducing an ordinance that will authorize the Parish President to acquire, on behalf of Terrebonne Parish Consolidated Government, as lease from MARFO, Inc. of 30 parking spaces adjacent to the Government Tower in Houma, Louisiana, to provide adequate parking to patrons in the downtown area, providing for related matters and calling a public hearing on January 9, 2019 at 6:30 p.m. 5. Adjourn

3 Category Number: Item Number: Monday, December 17, 2018 Item Title: INVOCATION Item Summary: INVOCATION

4 Category Number: Item Number: Monday, December 17, 2018 Item Title: PLEDGE OF ALLEGIANCE Item Summary: PLEDGE OF ALLEGIANCE

5 Category Number: Item Number: 1. Monday, December 17, 2018 Item Title: RESOLUTION: Authorizing Parish President to enter into Sub-Recipient Agreement with Fletcher Technical Community College for Coastal Restoration-related workforce development curriculum and program using RESTORE Act funds. Item Summary: RESOLUTION: Authorizing the Parish President the behalf of the Terrebonne Parish Consolidated Government (TPCG) to enter into a Sub-recipient Agreement with the L. E. Fletcher Technical Community College (FTCC), represented by Kristine Strickland, Ph.D, Chancellor, to receive and expend a specified amount of fund for the purpose approved in TPCG's Multi-year Implementation Plan for the expenditure of its Restore Act Direct Component Allocation. ATTACHMENTS: Description Upload Date Type Resolution 12/7/2018 Cover Memo Sub-Recipient Agreement 12/7/2018 Cover Memo Budget 12/7/2018 Cover Memo Grand Award 12/7/2018 Cover Memo

6 RESOLUTION AUTHORIZING THE PARISH PRESIDENT ON BEHALF OF TERREBONNE PARISH CONSOLIDATED GOVERNMENT ( TPCG ) TO ENTER INTO A SUB-RECIPIENT AGREEMENT WITH THE L.E. FLETCHER TECHNICAL COMMUNITY COLLEGE ( FTCC ), REPRESENTED BY KRISTINE STRICKLAND, Ph.D., CHANCELLOR, TO RECEIVE AND EXPEND A SPECIFIED AMOUNT OF FUNDS FOR THE PURPOSE APPROVED IN TPCG S MULTIYEAR IMPLEMENTATION PLAN FOR THE EXPENDITURE OF ITS RESTORE ACT DIRECT COMPONENT ALLOCATION. WHEREAS, Terrebonne Parish has received an allocation of Direct Component funds under the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act ( RESTORE Act ) resulting from the Deep Water Horizon oil spill of April 2010; and, WHEREAS, Terrebonne Parish prepared and submitted the required Multiyear Implementation Plan ( MYIP ) for the expenditure of available allocated funds; and, WHEREAS, TPCG received approval from the U.S. Treasury Department for its MYIP on November 13, 2017, which contained $250, for the development of a coastal restoration-related workforce development curriculum and program to be implemented through FTCC; and, WHEREAS, TPCG submitted and received approval from U. S. Treasury on October 10, 2018 for its grant application to commit the funding ($250,000.00) to support this workforce development program at FTCC; and, WHEREAS, for the release and expenditure of these funds, Treasury has reviewed and approved the required Sub-Recipient Agreement between TPCG and FTCC. NOW, THEREFORE, BE IT RESOLVED that Terrebonne Parish President Gordon E. Dove is hereby authorized to enter into a Sub-Recipient Agreement with L.E. Fletcher Technical Community College for the development and implementation of a coastal restoration-related workforce development program. Under the terms of this Agreement, TPCG will act as the Pass-Through Agency for the RESTORE Act Direct Component funds necessary to support this program.

7 SUB-RECIPIENT AGREEMENT BETWEEN TERREBONNE PARISH CONSOLIDATED GOVERNMENT AND L.E. FLETCHER TECHNICAL COMMUNITY COLLEGE REGARDING THE FTCC WATER MANAGEMENT/COASTAL RESTORATION CURRICULUM/COASTAL RESTORATION AND PROTECTION INSTITUTE (WATER MANAGEMENT WORK FORCE DEVELOPMENT PROGRAM) GRANT NO. RDCGR CFDA No Formula Grant THIS SUB-RECIPIENT AGREEMENT (Agreement), effective, 2018, is made and entered into by and between the Terrebonne Parish Consolidated Government, (hereinafter sometimes referred to as TPCG or Parish or Grantee ) acting by and through its duly authorized President and L.E. Fletcher Technical Community College (hereinafter sometimes referred to as the FTCC or Sub-recipient ) represented by its duly authorized Chancellor for the funding of workforce development program related to water management/coastal restoration.. The FTCC and the Parish may sometimes hereinafter be collectively referred to as the Parties and individually as a Party. This Agreement serves the public purpose of building the water management/coastal restoration workforce development program hereinafter referred to as the Program. WHEREAS, the Parish is a local governmental subdivision as defined by Article VI, Section 44 of the Louisiana Constitution of 1974 and the Parish operates under the Home Rule Charter under authority of Article VI, Section 5 of the Constitution of the State of Louisiana. The Parish shall have and exercise such other powers, rights, privileges, immunities, authority and functions not inconsistent with its Charter as may be conferred on or granted to a local governmental subdivision by the Constitution and laws of the State. The Parish is hereby granted the right and authority to exercise any power and perform any function necessary, requisite, or proper for the management of its affairs including entering into agreements with governmental, Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 1 of 25

8 non-governmental, and educational institutions, for the public welfare, health, safety and good order of the citizens residing in the Parish; and and and WHEREAS, The Parish has approved this Agreement by Resolution No. ; WHEREAS, The Board of FTCC has approved this Agreement by Resolution No. ; WHEREAS, coastal restoration is a major priority for Terrebonne Parish which is subject to the highest land loss rates in the state of Louisiana; and WHEREAS, FTCC, in keeping with its educational and workforce training mission, desires to provide training for individuals to enter the workforce and contribute to efforts to restore Terrebonne Parish s coast and barrier islands; and WHEREAS, in the aftermath of the Deepwater Horizon Oil Spill in the Gulf of Mexico in 2010, the United States Congress, through Public Law (Subtitle F) the Resources and Ecosystem Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act) established the Gulf Coast Restoration Trust Fund in the Treasury of the United States specifying that 80% of the administrative and civil penalties paid after 6 July 2012 under the Federal Water Pollution Control Act were to be deposited in this Trust Fund; and WHEREAS, funds deposited into said Trust Fund were to be invested and made available through five components of the RESTORE Act; and WHEREAS, the Direct Component of the RESTORE Act sets aside a certain percentage of penalties paid into the Trust Fund for eligible activities proposed by coastal parishes in Louisiana, including Terrebonne Parish; and WHEREAS, Terrebonne Parish received written approval for its Multiyear Implementation Plan from Treasury by letter dated November 13, 2017, and subsequently prepared and submitted a Grant Application to Treasury for the FTCC Water Management/Coastal Restoration Work Force Development program which resulted in Grant No. RDCGR awarded on October 10, 2018, and to start on November 1, 2018 and to end on January 31, 2023; and WHEREAS, a condition of award of the grant is the execution of a sub-recipient agreement between TPCG and L.E. Fletcher Technical Community College (DUNS No ) which has been reviewed and approved by Treasury prior to execution; and Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 2 of 25

9 WHEREAS, this Agreement will be mutually beneficial to the parties in the furtherance of their respective statutory purposes, duties, and authorities, and each party expects to receive a public benefit at least equal to the costs of the responsibilities undertaken pursuant hereto; and WHEREAS, TPCG and the FTCC, in connection with this Agreement, desire to develop and foster a formal partnering strategy and working relationship among the parties where trust and teamwork prevent disputes, foster cooperative bonds among the parties, and facilitate successful implementation of the Program as further described herein below. NOW, THEREFORE, in consideration of the parties mutual undertakings herein and the purposes, duties, and authorities granted under the Home Rule Charter of Terrebonne Parish, and the constitution and general laws of the State of Louisiana, the Parish and Fletcher Technical Community College do hereby acknowledge the accuracy of the above recitals which are incorporated by reference herein and made a part of this Agreement, and agree as follows: I. SCOPE OF AGREEMENT A. Grant Award and Project Funding Subject to the terms and conditions of this Agreement, the Parish, as recipient and administrator of certain RESTORE Act Direct Component funds in the amount of $250, awarded to the Parish by the Treasury of the United States, Office of the Fiscal Assistant Secretary, Office of Gulf Coast Restoration, shall make available to Fletcher Technical Community College as sub-recipient Direct Component funds up to the maximum amount of Two Hundred Fifty Thousand Dollars ($250,000.00) (the Grant Funds ) for the purpose of funding FTCC s activities under the Water Management/Coastal Restoration Work Force Development Program (the Program ). The Parish will provide FTCC up to a maximum of $250, in RESTORE Direct Component funding. The indirect cost rate to be charged by FTCC is the de minimis rate per 2 CFR Indirect (F & A) Costs. Approved objectives for the use of funds for this Program are those set forth in the Program Description herein below. The Parties further acknowledge and agree that the maximum amount of funds available for this Program shall be $250, contingent upon the availability of funds through the RESTORE Act Direct Component. The funds provided to the FTCC shall be used for the purposes stated and in accordance with constitutional and statutory restrictions on the use of federal funds for public purposes and shall be used in accord with applicable federal regulations, specifically 2 CFR 200 including 2 CFR , as well as state statutes, laws, rules, and regulations, including but not limited to the provisions applicable to the Louisiana Public Bid Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 3 of 25

10 Law. Their use shall also be at all times consistent with sound training and educational principles and practices. Fletcher Technical Community College acknowledges that any funds provided through this sub-recipient agreement not used in accord with the terms of this Agreement and State and federal law shall be reimbursed to the TPCG and that any cost and expense in excess of the amount agreed to by the TPCG, shall be the sole responsibility of the FTCC. B. Implementation of Agreement FTCC s rights and obligations under this Agreement are as a grant sub-recipient as set forth in 2 CFR 200. FTCC is responsible for complying with said regulations and for implementing the Program in a manner satisfactory to the TPCG and Treasury and consistent with any applicable guidelines and standards that may be required as a condition of the Parish s providing the funds, including but not limited to all applicable Treasury Program Administration and Compliance requirements set forth by this Agreement and the Statement of Assurances (attached hereto as Appendix A) executed by Parish and made a part hereof. The Parish s providing of Grant Funds under this Agreement is specifically conditioned on FTCC s compliance with this provision and all program and Treasury regulations, guidelines and standards. FTCC, in the use the Grant Funds as a sub-recipient, is responsible to ensure that its policies and program documents are compliant with the all laws, regulations, executive orders and other requirements which apply to the use of the Grant Funds made available through this Agreement. C. Goals and Objectives The activities of the Program are expected to assist the FTCC in the development of a curriculum to aid in the sustainability and restoration of the coast with regard to work force development and training. D. Project 1. Purpose and Identification a. Purpose. The purpose of this Agreement is to set forth the terms for the use of RESTORE Act Direct Component funds allocated for the establishment of a water management/coastal restoration work force development program at FTCC in Terrebonne Parish as described herein. b. Identification. For the purpose of administration, identification and record keeping, Treasury Grant Award Number RDCGR is Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 4 of 25

11 assigned to this Project. This number will be used to identify all project costs. 2. Project Description The proposed project area is located in the Terrebonne Basin of Coastal Wetlands Planning, Protection and Restoration Act (CWPPRA) Region 3, near the community of Schriever, in Terrebonne Parish. Specifically, the program will be offered on the Main Campus of Fletcher Technical Community College at 1407 Hwy 311. This location makes this campus convenient to both residents of Terrebonne Parish as well as the region. This program is to be structured to provide instruction and training to students in the various aspects of coastal restoration work after the curriculum has been established. The program is designed to increase the number of individuals within Terrebonne Parish and the region who are effectively trained for jobs created by implementation of CPRA s Comprehensive Coastal Master Plan as well as jobs in the broad area of water management. 3. Sub-Recipient Budget The approved Sub-Recipient Budget for this program is attached to this Agreement and made part of it. 4. Project Monitoring, Operation, and Maintenance Once curriculum design, and implementation/operation of the Program have been undertaken, FTCC will monitor the Program to determine whether milestones for the Program are being met. FTCC will assume all implementation/operation and monitoring costs of the Program without cost to Terrebonne Parish. The FTCC will assist Terrebonne Parish in the preparation of the required periodic reports to Treasury by providing the necessary data. E. Initial Terms and Agreement: 1. The Fletcher Technical Community College has read and understands all of the Parish s responsibilities and obligations within the Grant Award document between TPCG and Treasury. A copy of the RESTORE Act Direct Component Grant Award document is attached hereto and is incorporated in its entirety herein by reference. Specific reference and note is made of FTCC s obligation to comply with all applicable federal laws and the grant award terms and conditions. Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 5 of 25

12 2. The FTCC agrees that it shall assume all operation, implementation and monitoring of the Program. F. Scope and Project Responsibility The FTCC shall design the curriculum, implement and monitor the program over the its 3-year time period. The FTCC shall expend funds in a manner consistent with the scope of services and that, to the maximum extent practicable, will qualify for reimbursement of funds under the provisions of 2 CFR Project Tasks, Plans and Specifications Terrebonne Parish Consolidated Government or its agent will perform the following: a. Develop the Sub-Recipient Agreement for reimbursement to the FTCC ($250, maximum). b. Provide funding on a reimbursable basis for development, implementation, and monitoring of the Program in accordance with the terms of the Grant Award and all applicable federal regulations. c. At its discretion, perform secondary review of bids (if any) prior to contract award. The FTCC has primary responsibility to prepare, advertise, review, and evaluate bids. d. At its discretion, perform secondary review/approval of any change orders proposed during life of the sub-recipient agreement prior to incurring charges. e. Provide guidance as needed to FTCC in the performance of this subrecipient agreement. The Fletcher Technical Community College or its agent will perform the following: a. Design the curriculum in consultation with industry representatives and TPCG. b. Advertise and promote the water management/coastal restoration work force development curriculum at various venues in accordance with the scope detailed in the approved MYIP and subsequent revisions approved by Treasury. Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 6 of 25

13 c. Provide instruction to students enrolled in the program as per the established curriculum for the program. d. Prepare bid package(s) if required for the program in consultation with TPCG. e. Solicit bids, advertise, and provide copies of the bid package(s) as necessary for the bidding process. f. Prepare and submit Bid Addendums as necessary. g. Resolve questions from bidders during bid process. h. Evaluate and award subcontracts to support the program in consultation with TPCG, and issue Notices to Proceed as necessary. i. Receive, approve, and pay invoices from sub-consultant/sub-contractor. j. Submit invoices with appropriate certification to TPCG for reimbursement in accordance with this sub-recipient agreement and the approved budget. k. Address questions/concerns that arise during program implementation. l. Assist TPCG in the preparation of reports required by Treasury during the life of the program including a final report. m. Close out of the Project (including final invoicing and all post-program documentation reports) within two months of end of the program and submit to TPCG. n. Deliverables Fletcher Technical Community College shall provide under the terms of this sub-recipient agreement the following: a. Curriculum design in consultation with industry and TPCG; b. Advertising and promotion of the water management/coastal restoration work force development program at various appropriate venues in the region; c. Enrollment of students in to the program and the keeping of appropriate records; d. Provision of classes over the specified time period in support of the approved curriculum and program; Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 7 of 25

14 e. Awarding of certificates for those successfully completing the program; f. Student success tracking to determine number of program graduates employed after 6 months in coastal-restoration firms and industry; g. Assist TPCG in the preparation of periodic reporting to Treasury; h. At closeout of the Program, or upon request, copies of all detailed monthly invoices, progress (interim) reports and a final report on the implementation, operation, and monitoring of the Program, a final accounting report on total costs for the Program, and any other documents, reports or other materials relating to the Program. The FTCC shall adhere to all applicable State federal funding guidelines, as well as the terms and conditions of this Agreement. 2. Records Retention Requirements In accordance with 2 CFR Retention requirements for records, financial records, supporting documents, statistical records, and all other non-federal entity records pertinent to the a Federal award must be retained for a period of three years from the date of submission of the final expenditure report from TPCG to Treasury or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass-through entity (TPCG) in the case of a sub-recipient. Federal awarding agencies and passthrough entities must not impose any other record retention requirements upon non-federal entities. The only exceptions are the following: (a) If any litigation, claim, or audit is started before the expiration of the 3- year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. (b) When the non-federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. (c) Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 8 of 25

15 (d) When the records are transferred to or maintained by the Federal awarding agency or pass-through entity (TPCG), the 3-year retention requirement is not applicable to the non-federal entity. (e) Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-federal entity s fiscal year in which the program income is earned. (f) Indirect cost rate proposals and cost allocation plans. This paragraph applies to the following types of documents and their supporting records: Indirect cost rate computations or proposals; cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer time, etc.). 3. Public Bid If necessary and required by the program, FTCC shall advertise and receive bids for services in accordance with the Public Bid Laws of the State of Louisiana, and generally as follows: a. Written authorization must be obtained from the Parish prior to advertising the Project or any phase thereof for bids. The FTCC shall submit a copy of the complete package of bid documents with its written request for authority to advertise. b. The FTCC will solicit bids for the services, labor and materials needed to implement the Program in accordance with the Public Bid Laws of the State, including, but not limited to La. R.S.38:2211, et. seq. and as applicable to political subdivisions of the State. c. The FTCC shall solicit bids utilizing the Louisiana Uniform Public Work Bid Form applicable to most state agencies and all political subdivisions as mandated by La. R.S. 38:2211, et seq., and as promulgated by the Louisiana Division of Administration and located in Title 34 of the Louisiana Administrative Code. d. After receipt of bids and before award of the contract, the FTCC shall submit to the Parish copies of the three (3) lowest bidder's proposals and proof of advertising. The FTCC s submittal shall include: proof of publication of advertisement for bids; bid tabulation form certified by the engineer and the contracting agency; bid proposals and bid bonds, if Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 9 of 25

16 required, of the three (3) lowest bidders and proposed notice of Award of Contract. e. After receiving comments from the Parish, the FTCC may then award and execute the contract and will submit to the Parish copies of the notice of Award, executed Contract and Performance/Payment bond(s) if necessary. f. The Contract and any bonds shall be recorded in the Clerk of Court's office for the parish or parishes where the Program is to be implemented. Proof of recordation shall be submitted to the TPCG along with a copy of the Notice to Proceed. Once those items have been submitted to the Parish, the FTCC shall adopt a Resolution Certifying Compliance with the Public Bid Law and the requirements of La. R.S. 38:2211, et. seq. and send a certified copy of the resolution to the Parish. 4. Progress Schedule Within thirty (30) days after this sub-recipient agreement is executed, the FTCC shall submit to the TPCG a progress schedule that indicates, using a bar graph, the various activities that must be accomplished to develop the curriculum, advertise and promote the program, implementation date, etc., within the time allotted for performance. The schedule shall be submitted to the TPCG Project Manager. D. Statement of Work 1. The Program The FTCC shall receive and use the Grant Funds for reimbursement of Eligible Expenses, as defined herein, approved by the Parish, and in furtherance of the purpose of the Program, which is to design, advertise, implement, provide instruction, and monitor progress for the water management/coastal restoration program in accordance with the program description contained in the approved MYIP and subsequent revisions approved by Treasury. 2. Eligible Expenses The FTCC shall receive and use Grant Funds for Eligible Expenses, as defined herein. Eligible Expenses for Grant Funds under this Agreement include those applied to eligible activities, as defined in the grant award. 3. Assurances Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 10 of 25

17 The FTCC shall be responsible for implementing the activities for which Grant Funds are made available in compliance with all state and federal laws and regulations and all Program requirements, as now in effect and as may be amended from time to time. It shall be FTCC s responsibility to require that all of its subcontractors, if applicable, adhere to all applicable state and federal laws and regulations and all Program requirements, and to conduct all necessary monitoring for such compliance. As to laws and regulations which apply to the use of RESTORE Act Direct Component funds, FTCC has prior to the execution of this Agreement executed the Statement of Assurances, attached hereto and incorporated herein as Appendix A, reflecting compliance with those listed laws and regulations, which shall be deemed to be requirements of this Agreement. As to any other laws and regulations which may apply to this program, FTCC is responsible for determining the applicable laws and regulations and ensuring compliance therewith. As between the Parties to this Agreement, FTCC, as the administrator of the Program s efforts, bears sole responsibility for implementing such efforts. Fletcher Technical Community College shall be responsible for implementation of the Program in compliance with any applicable federal and state procurement and bid laws and regulations and in adherence with the Louisiana Public Works Act. 4. Cooperation with Treasury and the TPCG Fletcher Technical Community College hereby binds itself, certifies, and assures that it will comply with all federal, state, and local regulations, policies, guidelines and requirements, as they relate to the application, acceptance and use of state and federal funds. The Parties expressly acknowledge that the matters which are the subject of this Agreement are under the RESTORE Act Direct Component administered by U.S. Treasury. The Parish s obligations under this Agreement are subject to compliance with applicable statutes and regulations of the RESTORE Act Direct Component program administered by Treasury. The FTCC, therefore, agrees that in connection with its rights and obligations under the Agreement, it shall cooperate with Treasury and the Parish regarding the administration and audit of the Program, including compliance with various operating and reporting procedures which may hereinafter be promulgated by the Parish, and/or Treasury. In the event costs are disallowed by any monitoring, audit or oversight of either the State or Federal Government, including the U.S. Department of the Treasury, the Inspector General of the United States, the Louisiana Legislative Auditor, the Louisiana Inspector General, or any other duly authorized party, the FTCC shall be responsible for remitting these funds to the Parish. Failure to complete the Program described in the Statement of Work may constitute a basis for disallowance of costs. Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 11 of 25

18 a. Fletcher Technical Community College as sub-recipient will allow TPCG and its auditors to have access to the sub-recipient s records and financial statements as necessary for TPCG to meet the requirements of this section, 2 CFR Statutory and national policy requirements through 2 CFR Period of performance, and Subpart F Audit Requirements of this part; and b. FTCC will comply with the closeout requirements of the sub-award. c. TPCG will evaluate FTCC s risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the sub-award for purposes of determining the appropriate sub-recipient monitoring described in paragraph (e) of this section, which may include consideration of such factors as: (1) The sub-recipient s prior experience with the same or similar awards; (2) The results of previous audits including whether or not the sub-recipient receives a Single Audit in accordance with Subpart F Audit Requirements of this part, and the extent to which the same or similar sub-award has been audited as a major program; (3) Whether the sub-recipient has new personnel or new or substantially changed systems; and (4) The extent and results of Federal awarding agency monitoring (e.g., if the sub-recipient also receives Federal awards directly from a Federal awarding agency). d. TPCG may consider imposing specific conditions upon FTCC if appropriate as described in 2 CFR Specific Conditions. e. TPCG will monitor the activities of FTCC as necessary to ensure that the subaward is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of the sub-award; and that sub-award performance goals are achieved. TPCG monitoring of the sub-recipient must include: (1) Reviewing financial and programmatic reports required by the TPCG. (2) Following-up and ensuring that FTCC takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to FTCC from TPCG detected through audits, on-site reviews, and other means. (3) Issuing a management decision for audit findings pertaining to the Federal award provided to the sub-recipient from TPCG as required by 2 CFR Management decisions. f. Depending on TPCG s assessment of risk posed by the sub-recipient (as described in paragraph c. of this section), the following monitoring tools may be useful to ensure proper accountability and compliance with program requirements and achievement of performance goals: (1) Providing FTCC with training and technical assistance on programrelated matters; and (2) Performing on-site reviews of FTCC s program operations; and Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 12 of 25

19 (3) Arranging for agreed-upon-procedures engagements as described in 2 CFR Audit services. g. TPCG will verify that FTCC is audited as required by Subpart F Audit Requirements of this part when it is expected that the sub-recipient s Federal awards expended during the respective fiscal year equaled or exceeded the threshold set forth in 2 CFR Audit requirements. h. TPCG will consider whether the results of the sub-recipient s audits, on-site reviews, or other monitoring indicate conditions that necessitate adjustments to TPCG s own records. i. TPCG will consider taking enforcement action against a noncompliant subrecipient as described in 2 CFR Remedies for noncompliance of this part and in program regulations. E. Duplication of Benefits In the event that alternate sources are or become available to FTCC for funding which the Parish is providing under this Agreement, FTCC agrees to reimburse the Parish for the funding under this Agreement. If funding from alternate sources becomes available to FTCC which the Parish agrees applies to both Eligible Expenses and expenses that are not eligible under this Agreement, FTCC may apply such funds first, to expenses that are not eligible under this Agreement, and second, to Eligible Expenses that are in excess of amounts paid under this Agreement. II. PAYMENT PROCESS A. The FTCC shall pay all consultant/contractor invoices and the Parish shall reimburse FTCC for its payments to the consultant/contractor upon receipt of grant funds from Treasury. Prior to reimbursement the FTCC shall render detailed invoices monthly for payment of work performed that includes a summary of the type of work, total value of the work performed and/or the costs incurred. Invoices shall be certified by the FTCC's consultant/contractor and another properly designated official representing the FTCC as correct and in compliance with all applicable regulations. All invoices shall be subject to verification, adjustment and/or settlement as a result of any audit referenced in this Agreement. Project costs in excess of $ 250,00.00 shall be borne 100% by Fletcher Technical Community College. The participation by the Parish in the Project shall in no way be construed to make the Parish a party to any contract between the FTCC and its contractor(s). Reimbursement requests not approved by the Parish or its respective designees, shall not be paid, but returned to FTCC for further processing. Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 13 of 25

20 B. Upon approval of payment by the Parish as provided for above, payment of Eligible Expenses shall be provided to FTCC upon receipt of grant funds from Treasury. C. Indirect costs are reimbursable under this Agreement by the limit established by the de minimis agreement. D. Eligible travel costs shall be reimbursed in accordance with the approved project budget. E. In the event of non-compliance with this Agreement, the Parish may withhold payment to the FTCC until the Parish deems the FTCC has brought the Program within compliance. Noncompliance on one individual component funded under this Agreement may serve as a basis to withhold payment on funds for other components funded under this sub-recipient agreement with TPCG. III. TERM OF AGREEMENT; TERMINATION OR SUSPENSION OF AGREEMENT A. Term of Agreement This Agreement shall begin on November 1, 2018, and shall end on January 31, 2023 unless terminated prior to such time in accordance with the terms and conditions of this Agreement. B. Termination/Suspension for Cause The Parish may, after giving reasonable written notice specifying the effective date, suspend or terminate this Agreement in whole or in part if FTCC materially fails to comply with any term of this Agreement, which shall include, but not be limited, to the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and federal guidelines, policies or directives as may be applicable at any time; 2. Failure, for any reason, of FTCC to fulfill in a timely and proper manner the obligations under this Agreement; 3. Submission by FTCC of reports to the TPCG or its auditors, reports that are incorrect or incomplete in any material respect, provided FTCC is given notice of said failure and fails to correct the same within a reasonable amount of time; or Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 14 of 25

21 4. Ineffective or improper use of funds as provided for under this Agreement. If, through any cause, FTCC shall otherwise fail to fulfill in a timely and proper manner its obligations under this Agreement, or if FTCC shall violate any of the covenants, agreements, or stipulations of this Agreement, the Parish shall thereupon have the right to terminate this Agreement by giving written notice to FTCC of such termination and specifying the effective date thereof, at least thirty (30) days prior to the effective date of said termination. C. Termination for Convenience The Parish may terminate the Agreement in whole or in part at any time by giving at least thirty (30) days prior written notice to FTCC. Upon receipt of notice, the FTCC shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders, for materials, facilities, services and supplies in connection with the performance of this Agreement. The FTCC shall be entitled to payment on requests submitted up to the date of termination contained within the notice, to the extent that requests represent eligible activities satisfactorily completed and otherwise reimbursable under the terms of this Agreement. D. Termination Due to Unavailable Funding The continuation of this Agreement is contingent upon the appropriation and release of sufficient funds to the Parish to fulfill the requirements of this Agreement. Failure of the appropriate authorities to approve and provide an adequate budget to the Parish for fulfillment of the Agreement terms shall constitute reason for termination of the Agreement by either Party. FTCC shall be paid for all authorized services properly performed prior to termination. E. Fiscal Funding Clause The continuation of this agreement is contingent upon the appropriation of funds to fulfill the requirements of the agreement by the legislature. If the legislature fails to appropriate sufficient monies to provide for the continuation of the agreement, or if the allocation is rescinded or reduced by TPCG in case of an emergency, or the appropriation is reduced by veto of the Governor or by any means provided in the appropriations act to prevent the total appropriation for the year from exceeding revenues for that year, or for any other lawful purpose, and the effect of such reduction is to provide insufficient monies for the continuation of the agreement, the agreement shall terminate on the date of the beginning of the first fiscal year for which funds are rescinded, reduced, or not appropriated. Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 15 of 25

22 IV. ADMINISTRATIVE REQUIREMENTS A. General Administrative Requirements Fletcher Technical Community College in accepting funds through this subrecipient agreement shall comply with 2 CFR 200. B. Financial Management FTCC shall administer its program in conformance with 2 CFR 200. FTCC also agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These principles and procedures shall be applied for all costs incurred. C. Documentation and Record-Keeping 1. Access to Records The Parish, the Inspector General of the U.S. Department of the Treasury, the Comptroller General of the United States, and any of their duly authorized representatives or agents, shall have access to any books, documents, papers and records of FTCC which are directly pertinent to this Agreement for the purpose of audits, examinations, and making excerpts and transcriptions. The FTCC shall furnish copies of program records to the Parish and other agencies and entities listed above, and any of their duly authorized representatives or agents within thirty (30) days of a written request. 2. Close-outs FTCC s obligation under this Agreement shall not end until all close-out requirements as set forth in applicable regulations are completed. The terms of this Agreement shall remain in effect during any period that FTCC has control over subaward funds. D. Procurement Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 16 of 25

23 FTCC shall comply with the current Treasury policy and the requirements of 2 CFR 200 and Public Law regarding procurement. This requirement is in addition to whatever state and local laws may apply to procurement by the FTCC. E. Discrimination and Compliance Provisions FTCC and its contractor(s), if any, agree to abide by the requirements of the following as applicable: Title VI of the Civil Rights Act of 1964 and Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972; Federal Executive Order as amended; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veteran s Readjustment Assistance Act of 1974; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Fair Housing Act of 1968 as amended; the Housing and Community Development Act of 1974; and the requirements of the Americans with Disabilities Act of 1990; 41 CFR 60-4 et seq.; 41 CFR ; 41 CFR ; 24 CFR Part 35; the Flood Disaster Protection Act of 1973; and Federal Labor Standards Provisions (form HUD-4010), as well as all applicable provisions not mentioned are deemed inserted herein. FTCC and its contractor(s), if any, agree not to discriminate unlawfully in its employment practices, and will perform its obligations under this Agreement without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, veteran status, political affiliation, or disabilities. Any act of unlawful discrimination committed by FTCC or its contractor(s), or failure to comply with these statutory obligations when applicable shall be grounds for termination of this Agreement or other enforcement action. F. Covenant Against Contingent Fees and Conflicts of Interest FTCC shall warrant that no person or other organization has been employed or retained to solicit or secure this Agreement upon contract or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the Parish shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee, or to seek such other remedies as legally may be available. No member, officer, or employee of FTCC, or agents, consultant, member of the governing body of FTCC or the locality in which the program is situated, or other public official who exercises or has exercised any functions or responsibilities with respect to this Agreement during his or her tenure, shall have any interest, direct or Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 17 of 25

24 indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Project or in any activity or benefit, which is part of this Agreement. FTCC shall also comply with the current Louisiana Code of Governmental Ethics, as applicable. V. GENERAL CONDITIONS A. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. FTCC shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The Parish shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers Compensation Insurance, as FTCC is an independent contractor. B. Hold Harmless FTCC agrees and obligates itself and its successors and assigns to defend, indemnify, save, protect, and hold harmless TPCG and its successors, officers and employees against any and all claims, demands, suits, actions, judgments, attorney s fees, or costs arising or allegedly arising out of its responsibilities enumerated or undertaken; or any violation of Louisiana or Federal law or regulations; or any negligent act or omission, operation, or work by FTCC or its employees, agents, representatives, or contractors. Nothing in this Agreement shall be construed as a waiver of any defenses or immunities provided to any party hereto by any Federal or Louisiana law or statute. It is clearly the intent of all parties that all parties shall be allowed to assert any and all defenses and immunities provided by Federal or Louisiana law. The obligations under this Section shall survive termination or expiration of this Agreement. C. Workers Compensation FTCC shall provide Workers Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 18 of 25

25 D. Insurance & Bonding FTCC shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond, or equivalent insurance acceptable to TPCG, covering all employees in an amount equal to cash advances from the TPCG. E. Parish and Treasury/RESTORE Act Recognition FTCC shall insure recognition of the role of the TPCG and the U.S. Department of the Treasury in providing services through this Agreement. All activities, facilities and items used pursuant to this Agreement shall be prominently labeled as to funding source. In addition, FTCC will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. F. Amendments The Parish or FTCC may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, approved in advance by Treasury, are executed in writing, signed by a duly authorized representative of each organization, and approved by the Parish or its designee, as necessary. Such amendments shall not invalidate this Agreement, nor relieve or release the Parish or FTCC from its obligations under this Agreement. The Parish may require a written amendment to this Agreement to conform the Agreement to federal, state and local governmental laws, regulations, executive orders, guidelines, policies and available funding amounts. Failure of FTCC to execute the written amendment required by the Parish may constitute, at the Parish s discretion, a basis for termination of this Agreement for cause. G. No Assignment No Party may transfer or assign this Agreement or transfer or assign any of its rights or assign any of its duties hereunder without the express written consent of the other Party. However, if the parties do mutually agree to an assignment, all rights and obligation set forth herein shall inure to the benefit of the parties and to their respective successors and assignees. H. Severability The terms and provisions of this Agreement are severable. Unless the primary purpose of this Agreement would be frustrated, the invalidity or unenforceability Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 19 of 25

26 of any term or condition of this Agreement shall not affect the validity or enforceability of any other term or provision of this Agreement. The Parties intend and request that any judicial or administrative authority that may deem any provision invalid, reform the provision, if possible, consistent with the intent and purposes of this Agreement, and if such a provision cannot be reformed, enforce this Agreement as set forth herein in the absence of such provision. I. Entire Agreement This Agreement constitutes the entire understanding and reflects the entirety of the undertakings between the Parties with respect to the subject matter hereof, superseding all negotiations, prior discussions and preliminary agreements. There is no representation or warranty of any kind made in connection with the transactions contemplated hereby that is not expressly contained in this Agreement. J. No Authorship Presumptions Each of the Parties has had an opportunity to negotiate the language of this Agreement in consultation with legal counsel prior to its execution. No presumption shall arise or adverse inference be drawn by virtue of authorship. Each Party hereby waives the benefit of any rule of law that might otherwise be applicable in connection with the interpretation of this Agreement, including but not limited to any rule of law to the effect that any provision of this Agreement shall be interpreted or construed against the Party who (or whose counsel) drafted that provision. The rule of no authorship presumption set forth in this paragraph is equally applicable to any Person that becomes a Party by reason of assignment and/or assumption of this Agreement and any successor to a signatory Party. K. Applicable Law, Venue This Agreement shall be governed by and construed in accordance with the laws of Louisiana. Exclusive venue and jurisdiction shall be vested in the Thirty-Second Judicial District Court, Parish of Terrebonne, State of Louisiana. L. Delay or Omission No delay or omission in the exercise or enforcement of any right or remedy accruing to a Party under this Agreement shall impair such right or remedy or be construed as a waiver of any breach theretofore or thereafter occurring. The waiver of any condition or the breach of any term, covenant, or condition herein or therein contained shall not be deemed to be a waiver of any other condition or of any Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 20 of 25

27 subsequent breach of the same or any other term, covenant or condition herein or therein contained. M. Provision Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either Party the contract shall forthwith be amended to make such insertion or correction. N. Prohibited Activity FTCC is prohibited from using, and shall be responsible for its subcontractors being prohibited from using, the funds provided herein or personnel employed in the administration of the program for political activities, inherently religious activities, lobbying, political patronage, nepotism activities, and supporting either directly or indirectly the enactment, repeal, modification or adoption of any law, regulation or policy at any level of government. FTCC will comply with the provision of the Hatch Act (5 U.S.C et seq.), which limits the political activity of employees. O. Fund Use FTCC agrees not to use proceeds from this Agreement to urge any elector to vote for or against any candidate or proposition on an election ballot nor shall such funds be used to lobby for or against any proposition or matter having the effect of law being considered by the Louisiana Legislature or any local governing authority. This provision shall not prevent the normal dissemination of factual information relative to a proposition on any election ballot or a proposition or matter having the effect of law being considered by the Louisiana Legislature or any local governing authority. FTCC and all of its sub-contractors shall certify that they have complied with the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee or a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C FTCC and each of its sub-contractors shall also disclose any lobbing with non-federal funds that takes place in connection with obtaining any federal award. Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 21 of 25

28 P. Subcontractors FTCC may, with prior written permission from the Parish, enter into subcontracts with third parties for the performance of any part of FTCC s duties and obligations. In no event shall the existence of a subcontract operate to release or reduce the liability of FTCC to the Parish for any breach in the performance of FTCC s or any subcontractor s duties. Q. Drug Free Workplace Compliance FTCC hereby certifies that it shall provide a drug-free workplace in compliance with the Drug-Free Workplace Act of 1988, as amended and with 24 CFR Part 21. Further, in any contracts executed by and between FTCC and any third parties funded using Grant Funds under this Agreement, there shall be a provision mandating compliance with the Drug-Free Workplace Act of 1988, as amended, in accordance with 48 FAR , et seq, and 48 CFR S. Notices Any notice required or permitted to be given under or in connection with this Agreement shall be in writing and shall be either hand-delivered or mailed, postage prepaid by first-class mail, registered or certified, return receipt requested, or delivered by private, commercial carrier, express mail, such as Federal Express, or sent by, telecopy or other similar form of rapid transmission confirmed by written confirmation mailed (postage prepaid by first-class mail, registered or certified, return receipt requested or private, commercial carrier, express mail, such as Federal Express) at substantially the same time as such rapid transmission. All such communications shall be transmitted to the address or numbers set forth below, or such other address or numbers as may be hereafter designated by a Party in written notice to the other Party compliant with this Section. To the Parish: Honorable Gordon E. Dove, Parish President ATTN: Coastal Restoration Director Terrebonne Parish Consolidated Government P.O. Box Main Street, 7 th Floor Houma, Louisiana (995) Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 22 of 25

29 To Fletcher Technical Community College: Chancellor Fletcher Technical Community College 1407 Hwy 311 Schriever, Louisiana (985) T. No Third Party Beneficiary Nothing herein is intended and nothing herein may be deemed to create or confer any right, action, or benefit in, to, or on the part of any person not a party to this Agreement. This provision shall not limit any obligation which either party has to Treasury in connection with the use of RESTORE Act Direct Component funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. U. Relationship of the Parties 1. In the exercise of their respective rights and obligations under this Agreement, the FTCC and Parish each act in an independent capacity, and neither party is to be considered the officer, agent, or employee of the other, unless otherwise provided by law. 2. In the exercise of its rights and obligations under this Agreement, neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights the other party may have to seek relief or redress against that contractor either pursuant to any cause of action that the other party may have or for violation of any law. 3. The participation by Parish in the Project shall in no way be construed to make Parish a party to any contract between the FTCC and its contractors or subcontractors or between the Parish and any third party. The participation by the FTCC in the Project shall in no way be construed to make the FTCC a party to any contract between the Parish and any third party. V. Disputes Before any party to this Agreement may bring suit in any court concerning any issue relating to this Agreement, such party must first seek in good faith to resolve the issue through negotiation or other forms of non-binding alternative dispute resolution mutually acceptable to the parties. The exclusive venue for any suit Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 23 of 25

30 arising out of this Agreement shall be in the Thirty-Second Judicial District Court for the Parish of Terrebonne, Louisiana. W. Effective Date / Duration / Modification / Termination This Agreement be effective upon the date set forth herein and shall remain in effect until termination by written mutual agreement of all parties or in accordance with the terms hereof. However, all work shall be completed and Project closed out no later than January 31, Except as otherwise provided herein, the provisions, terms and conditions contained in this Agreement may not be amended, modified, superseded, terminated, or otherwise altered except by mutual written consent of all parties hereto and the U.S. Treasury. This Agreement may be executed in multiple originals. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective officers thereunto duly authorized as of the day and year first above written. THUS DONE, PASSED, AND SIGNED on this day of, 2018, before the below-named notary and competent witnesses. WITNESSES: (Witness - SIGN) TERREBONNE PARISH CONSOLIDATED GOVERNMENT BY: Gordon E. Dove Parish President (Witness - PRINT) (Witness - SIGN) (Witness - PRINT) Notary Public (Print) Bar Roll/Notary ID No. Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 24 of 25

31 THUS DONE, PASSED, AND SIGNED on this day of, 2018, before the below-named notary and competent witnesses. WITNESSES: (Witness - SIGN) L.E. FLETCHER TECHNICAL COMMUNITY COLLEGE BY: Kristine Strickland, Ph.D. Chancellor (Witness - PRINT) (Witness - SIGN) (Witness - PRINT) (FTCC s Federal Identification Number) Notary Public (Print) Bar Roll/Notary ID No. Fletcher Technical Community College Sub-Recipient Agreement Water Management/Coastal Restoration Workforce Development Grant No. RDCGR Page 25 of 25

32 Fletcher Technical Community College Water Management Workforce Development Program Subrecipient Budget and Justification Budget Categories Personnel $100,000 Fringe Benefits $0 Travel $5,000 Equipment $0 Supplies $11,973 Contractual $15,300 Construction $ 0 Other Scholarships, $95,000 advertising materials, recruiting materials, conference registrations, etc. $227,273 Total Direct Charges Indirect Charges (10%) $22,727 Total Subaward $250,000 Personnel Position Program Coordinator Program Coordinator TOTAL PERSONNEL Annual Salary/Rate Level of Effort (FTE) Salary Fringe (% rate) Number of years Total $53,846 65% $35,000 $0 2 $70,000 $60,000 50% $30,000 $0 1 $30,000 $100,000 1

33 Travel Purpose of Travel Location Item Number of persons traveling Recruitment Recruit students from areas currently served by the college which includes but is not limited to: St. Mary, Assumption, Terrebonne, Lafourche, and St. James parishes. Recruit employers to hire completers of the program. Program Development Visits to colleges/training programs who currently have successful, similar programs. A skills assessment may be conducted to determine skills needed, skills gaps, appropriate ways to evaluate skills, etc. Locations will be determined by Fletcher s Coastal Advisory Committee. Point of origin Schriever, LA. Point of origin Schriever, LA Hotel, Per Diem, Mileage Hotel, Per Diem, Mileage Minimum of 1 person will attend. The person traveling will be either the program coordinator or a college employee whose salary is paid by the college. Estimating 2 individuals will attend. The individuals traveling will be the program coordinator and a college employee whose salary is paid by the college. Rate Approximately $153.50/trip Based on the State of Louisiana Travel Policy. Approximately $400/trip Based on the State of Louisiana Travel Policy. Cost $2,000 $3,000 TOTAL TRAVEL $5,000 2

34 Supplies Supplies (If applicable upon development of curriculum) classroom supplies, PPE, resource materials to develop the course, software, course materials, textbooks, videos, etc. Items purchased will be in accordance with the college s purchasing policy which is governed by rules and regulations established by the Office of State Purchasing. The exact amount of each item will vary. $11,973 TOTAL Supplies $11,973 Contractual INCLUDE OTHER PERSONS AS NEEDED (Contracted position) Instructor/class INCLUDE OTHER PERSONS AS NEEDED (Contracted position) Curriculum Developer Rate $35/hour 100% $2,050/class 3 $12,300 $35/hour 100% $3,000 1 $3,000 TOTAL Contractual $15, Other: Item Rate Cost Scholarships Advertising/Recruiting stakeholder meetings, radio/internet/billboard ads, marketing materials, etc. $400/student/class x 150 students. The scholarship could cover all or a portion of the tuition. The exact amount of the tuition will be determined upon the completion of the program development phase. The Louisiana Procurement Code should govern these purchases. The cost may require three bids therefore the exact amount to be spent on these items is difficult to determine at this time. $60,000 $35,000 Total Other $95,

35 Indirect Indirect Charge (Costs may include services provided by Fletcher such as travel services, purchasing services, contract and legal services, human resources support, facilities support, and information technology support. In addition, overhead is inclusive of printer/copier paper, printer ink, toner, technology usage (computer, printer, and associate software), network usage, internet usage, and general administrative supplies. It is anticipated that the indirect cost percentage (10%) will assist in covering overhead and expenses associated with managing the grant and associated program. $22,727 TOTAL Indirect $22,727 Travel: The State of Louisiana travel policy governs this section _TravelGuide.pdf. It is anticipated that travel will originate in Schriever, Louisiana and be used for recruiting, program development and skills assessment. It is anticipated that students for the program will be recruited out of areas that Fletcher currently serves. This includes, but is not limited to: St. Mary, Assumption, Terrebonne, Lafourche, and St. James parishes. In addition, travel will be necessary to recruit industry to aid with job placement, help develop the curriculum, find instructors and speakers, and garner overall support. Hotel, car/mileage, and meals may be expended. It is anticipated that a minimum of 1 person will conduct industry visits or attend conferences/workshops or other industry gathering. That person will be either the program coordinator or a college employee who is paid by the college. The estimated itemized in state travel cost is projected to be, at least, $153.50/trip. To help with program development; learn best practices; as well as aid in accelerating the launch, and eventually the expansion, of the program; visits to colleges, training programs and/or companies who currently have successful, similar programs must occur. The exact schools/training programs to visit will be determined by Fletcher s Coastal Advisory Committee. It is anticipated that 2 individuals will conduct these program development visits. The individuals traveling will be the program coordinator and a college employee whose salary is paid by the college. The estimated itemized travel cost is projected to be, at least, $400/trip. Other: It is anticipated that a student who qualifies for a scholarship will earn $400. With $60,000 available, approximately 150 students can earn a scholarship. The scholarship will help students pay for 4

36 all or a portion of the tuition for this program. This scholarship is intended to help individuals from underrepresented and underserved communities. To aid in recruiting for the program, the grant will help fund stakeholder meetings, the purchase of radio/internet/billboard ads, the design of marketing materials, etc. These purchases are governed by the Louisiana Procurement Code. The exact amount is indeterminable at this time due to the policy requiring three bids on purchases over a designated amount. Supplies: Supplies purchased will be in accordance with the college s purchasing policy which is governed by rules and regulations established by the Office of State Purchasing. The exact amount of each item will vary. Indirect Cost: It is anticipated that the indirect cost percentage will assist in covering overhead expenses associated with managing the grant and associated program. Services provided by Fletcher in support of the grant and program may include grant administration and compliance, 3D services, budget monitoring, travel services, purchasing services, contract and legal services, human resources support, facilities support, and information technology support. In addition, overhead is inclusive of printer/copier paper, printer ink, toner, technology usage (computer, printer, and associate software), network usage, internet usage, and general administrative supplies. The services and supplies mentioned in this narrative are considered to be institutional overhead and are the indirect costs associated with the grant and program. As such, the 10% will be applied to assist in covering the indirect costs that are necessary to the effective administration of the grant and the operations of the associated program. 5

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

84

85

86

87

88

89

90 Category Number: Item Number: 2. Monday, December 17, 2018 Item Title: Resolution to Reject Bid 18-BCSP-80 Purchase of New/Unused LED Teardrop Luminaries Item Summary: RESOLUTION: Concurring with the recommendation of Parish Administration to reject all submittals for Bid 18-BCSP-80 Purchase of New/Unused LED Teardrop Luminaries for Bayou Country Sports Park Roadway and authorize a rebid ATTACHMENTS: Description Upload Date Type Executive Summary 12/12/2018 Executive Summary Resolution 12/12/2018 Resolution Bid Documents and Support Material 12/12/2018 Backup Material

91

92 OFFERED BY: SECONDED BY: RESOLUTION NO: WHEREAS, on November 28, 2018 bids were received by the Terrebonne Parish Consolidated Government (TPCG) for Bid 18-BCSP-80 Purchase of New/Unused LED Teardrop Luminaries for Bayou Country Sports Park Roadway, and WHEREAS, after careful review by the Purchasing Division and the Utilities Department, it has been determined that the bids of Reulet Electric Supplies, Bayou Black Electric Supply, Techline, Inc., and Scurlock Electric LLC, must be rejected for failure to comply with the Requirements and Instructions for Bidders. The bid of Production Distribution Company must be rejected for failure to meet the specifications, and WHEREAS, Parish Administration concurs with the recommendation to reject the aforementioned submittals for Bid 18-BCSP-80 Purchase of New/Unused LED Teardrop Luminaries for Bayou Country Sports Park Roadway and grants authorization to rebid, and NOW, THEREFORE BE IT RESOLVED, by the Terrebonne Parish Council, on behalf of the Terrebonne Parish Consolidated Government, that the recommendation of the Parish Administration to reject all bids and authorize a rebid be accepted, as per attached documents THERE WAS RECORDED: YEAS: NAYS: NOT VOTING: ABSENT: The Chairman declared the resolution adopted this day of, 2018

93

94

95

96

97

98

99

100

101

102

103

104

105

106

107

108

109 Category Number: Item Number: 3. Monday, December 17, 2018 Item Title: Resolution to Award Bid 18-TRAN-74 Purchase of New/Unused Bus Stop Shelters and Solar Lighting Kits Item Summary: RESOLUTION: Concurring with the recommendation of Parish Administration to award Bid 18-TRAN-74 Purchase of New/Unused Bus Stop Shelters and Solar Lighting Kits to Tolar Manufacturing Company, Inc. ATTACHMENTS: Description Upload Date Type Executive Summary 12/12/2018 Executive Summary Resolution 12/12/2018 Resolution Bid Documents and Support Material 12/12/2018 Backup Material

110

111 OFFERED BY: SECONDED BY: RESOLUTION NO. WHEREAS, on November 19, 2018 bids were received by the Terrebonne Parish Consolidated Government for Bid 18-TRAN-74 Purchase of New/Unused Bus Stop Shelters and Solar Lighting Kits for the Public Transit Division of the Public Works Department, and WHEREAS, after careful review by the Purchasing Division, Wendell Voisin, Public Transit Administrator and David Rome, Public Works Director it has been determined that the bid submitted by Tolar Manufacturing Company, Inc. be accepted at a unit cost of $7, each for bus shelters and a unit cost of $1, each for the solar lighting kits, and WHEREAS, The estimated quantities are for bidding purposes only and the Transit Division reserves the right to increase or decrease quantities at its sole discretion. WHEREAS, Parish Administration has concurred with the recommendation that the bid of Tolar Manufacturing Company, Inc. be accepted for Bid 18-TRAN-74 Purchase of New/Unused Bus Stop Shelters and Solar Lighting Kits as per attached documents, and NOW, THEREFORE BE IT RESOLVED by Terrebonne Parish Council (Budget and Finance Committee), on behalf of the Terrebonne Parish Consolidated Government, that the recommendation of the Parish Administration be approved for the purchase of bus shelters and lighting kits as per attached documents THERE WAS RECORDED: YEAS: NAYS: ABSTAINING: ABSENT:

112

113

114

115

116

117

118

119

120

121

122

123

124

125 Category Number: Item Number: 4. Monday, December 17, 2018 Item Title: Ordinance - parking lease, MARFO, Parking Lot Item Summary: Introducing an ordinance that will authorize the Parish President to acquire, on behalf of Terrebonne Parish Consolidated Government, as lease from MARFO, Inc. of 30 parking spaces adjacent to the Government Tower in Houma, Louisiana, to provide adequate parking to patrons in the downtown area, providing for related matters and calling a public hearing on January 9, 2019 at 6:30 p.m. ATTACHMENTS: Description Upload Date Type Ordinance 12/14/2018 Ordinance plat 12/14/2018 Plat Lease Agreement 12/14/2018 Backup Material

126 OFFERED BY: SECONDED BY: ORDINANCE NO. AN ORDINANCE TO AUTHORIZE THE PARISH PRESIDENT TO ACQUIRE, ON BEHALF OF TERREBONNE PARISH CONSOLIDATED GOVERNMENT, A LEASE FROM MARFO, INC. OF 30 PARKING SPACES ADJACENT TO THE GOVERNMENT TOWER IN HOUMA, LOUISIANA, TO PROVIDE ADEQUATE PARKING TO PATRONS OF THE GOVERNMENT TOWER, TO PRESERVE PUBLIC PARKING IN THE DOWNTOWN AREA, AND TO PROVIDE FOR RELATED MATTERS. WHEREAS, Section 1-06 of the Home Rule Charter for the Parish of Terrebonne provides that the Parish Government shall have the right, power and authority to pass all ordinances requisite or necessary to promote, protect and preserve the general welfare, safety, health, peace and good order of the parish, including but not by way of limitation, the right, power and authority to pass ordinances on all subject matters necessary, requisite or proper for the management of parish affairs, and all other subject matter without exception, subject only to the limitation that the same shall not be inconsistent with the Constitution or expressly denied by general law applicable to the parish; and WHEREAS, the Terrebonne Parish Consolidated Government is authorized to acquire real property for a public purpose by ordinance, per Terrebonne Parish Charter Section 2-11; and WHEREAS, MARFO, Inc., the owner of certain immovable property, including what now consists of a concrete parking area situated in the block between the Terrebonne Parish Government Tower, Barrow Street, and Main Street in Houma, Louisiana, has offered to lease a portion of that immovable property, consisting of 30 parking spaces, to TPCG for an annual rental of $$39,697.00, subject to the terms and conditions in the proposed lease attached hereto; and WHEREAS, given the scheduled move of the Department of Recreation into the first floor of the Government Tower, and the need to secure adequate public parking for access to those services, Terrebonne Parish Consolidated Government wishes to acquire the lease of the 30 parking spaces; and WHEREAS, the lease would also facilitate and preserve public parking in the downtown Houma area, in general; and NOW THEREFORE BE IT RESOLVED by the Terrebonne Parish Council, in due and regular and legal sessions convened, that the Parish President is authorized to acquire from MARFO, Inc., a lease of 30 parking spaces to serve as parking for patrons of the Government Tower and to provide for public parking, in general, in the downtown Houma area, with terms and conditions materially consistent with the Lease Agreement attached to this ordinance. THERE WAS RECORDED: YEAS: NAYS: ABSTAINING: ABSENT: The Chairman of the Terrebonne Parish Council declared this Resolution ADOPTED / NOT ADOPTED on this day of, CHAIR

127 I, VENITA H. CHAUVIN, Clerk of the Terrebonne Parish Council, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the on the day of, 2018 subsequently ratified by the assembled Council in Regular Session on the day of, 2018 at which meeting a quorum was present. VENITA H. CHAUVIN COUNCIL CLERK TERREBONNE PARISH COUNCIL

128