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2023-263
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2023-263
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Last modified
2/5/2024 9:24:59 AM
Creation date
1/4/2024 11:53:52 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/12/2023
Control Number
2023-263
Agenda Item Number
8.K.
Entity Name
State of Florida Division of Emergency Management
Subject
Hazard Mitigation Agreement D1495 for Dune Restoration within Beach Management Sector 4
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Attachment C <br />Statement of Assurances <br />To the extent the following provisions apply to this Agreement, the Recipient certifies that: <br />(a) It possesses legal authority to enter into this Agreement and to carry out the proposed program; <br />(b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action <br />authorizing the execution of the hazard mitigation agreement with the Division of Emergency <br />Management (DEM), including all understandings and assurances contained in it, and directing and <br />authorizing the Recipient's chief administrative officer or designee to act in connection with the <br />application and to provide such additional information as may be required; <br />(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall <br />receive any share or part of this Agreement or any benefit. No member, officer, or employee of the <br />Recipient or its designees or agents, no member of the governing body of the locality in which this <br />program is situated, and no other public official of the locality or localities who exercises any functions <br />or responsibilities with respect to the program during his tenure or for one year after, shall have any <br />interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in <br />connection with the program assisted under this Agreement. The Recipient shall incorporate, in all <br />contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above; <br />(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain <br />language to provide for termination with reasonable costs to be paid by the Recipient for eligible <br />contract work completed prior to the date the notice of suspension of funding was received by the <br />Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient <br />may not be funded with funds provided under this Agreement unless previously approved in writing by <br />the Division. All Recipient contracts shall contain provisions for termination for cause or convenience <br />and shall provide for the method of payment in such event; <br />(e) It will comply with: <br />(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that <br />mechanics and laborers (including watchmen and guards) employed on federally assisted <br />contracts be paid wages of not less than one and one-half times their basic wage rates for all <br />hours worked in excess of forty hours in a work week; and <br />(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered <br />employees be paid at least minimum prescribed wage, and also that they be paid one and one- <br />half times their basic wage rates for all hours worked in excess of the prescribed workweek. <br />(f) It will comply with <br />(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, <br />which provides that no person in the United States shall on the grounds of race, color, or national <br />origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to <br />discrimination under any program or activity for which the Recipient received Federal financial <br />assistance and will immediately take any measures necessary to effectuate this assurance. If any <br />real property or structure thereon is provided or improved with the aid of Federal financial <br />assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case <br />of any transfer of such property, any transferee, for the period during which the real property or <br />21 <br />
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