HomeMy WebLinkAbout2000-043AD
1448-40181-00-K-007 CSU 3
Memorandum of Understanding
between
Pelican Island ?National Wildlife refuge
and
Indian River County Board of County Commissioners
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of
_ 1999, by and between the U.S. Fish and Wildlife Service acting by and
through the Regional Director, herein after referred to as the "Service', and Indian River County,
acting by and through their Board of County Commissioners, herein after referred to as the
.,County."
Background and Need
Under the Department of Interior, the Fish and Wildlife 'Service administers Pelican Island
National Wildlife Refuge. The purpose of the Refuge is "provide a preserve and breeding
grounds for native birds."
The Service, acting pursuant to the Fish and Wildlife Act of 1956 (16 U.S. C. 661), is authorized
to enter into this Memorandum of Understanding (MOU) with other local governments.
Indian River County, acting; pursuant to S. 125.41 (1) (p), Fla. Stat., is authorized to enter Into
agreements with other government agencies.
Through the development of this MOU, the parties agree to work together in the development of
certain public use facilities located on lands owned and/or managed by the Reruge. These facilities
will enhance and improve recreational opportunities for County residents and Refuge visitors.
The improvements are located adjacent to Jungle Trail, a State Historic Highway, and will
enhance and complement facilities and improvements proposed by the County. The facilities to be
developed under this Agreement may include but are not limited to walking; trails, boardwalks,
viewing towers, parking areas, restrooms, access roads, signs, informational kiosk, and other
wildlife observation areas. The County is developing similar facilities at other locations along
Jungic Trail and through this a6retint rt the County can assure archittctural and design continuity
between the facilities. The facilities covered under this agreement will I:.avide information on
Pelican Island National Wildlife Reruge, Paul Kroegel, and the historic significance of Jungle
Trai.
The signatories of this MOU have a mutual interest in the deveiopment and maintenance of these
taciiities. Each party to this agreement shall individually and collectively work toward the
completion and support of the pro.�ect to the maximum extern practicable under the limits of its
missions, legal authority, and fiscal limitations.
Purpose
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Pelican Island holds historic significance as the nation's first National Wildlile Refuge. Yet,
because of its location, 1,200 }feet from the east shore of {Orchid Island and one and one half miles
from the City of Sebastian, few people get an opportunity to see it. Over the past few years, the
Refuge and Countv have worked together to acquire lands to protect the Refuge and provide a
way for the public to see and learn more about Pelican lsla0.
Over the past several years, Indian River County has been successful in designating Jungle Trail as
a "scenic highway' and obtained money through the Intermodal Surface Transportation Efficiency
Act (ISTEA) to make public improvements along Jungle Trail. Recreational facilities along
Jungle Trail would enhance the visitors experience and a portion of the ISTEA money has been
designated for the development of several facilities on the Refuge. In 1998, a 20 -year easement
was given to Indian River County to satisfy the Department of Transportation requirements for
the development of facilities on Refuge lands.
Indian River County's Engineering Office and their contracted consultants are designing -all
facilities and improvements along Jungle Trail, and it would be beneficial to the County to use this
same design for fac'il'ities on the Refuge. The County will develop engineering designs and
drawings, and the Refuge has agreed to reimburse the County for design and engineering work up
to $50,000 for these engineering services.
The signatories of this MOU have agreed it is in their mutual interests to work together in the
development of a common architectural design for all facilities within the Jungle Trail corridor.
Each party to this agreement shall work toward fulfilling its responsibilities to the maximum
extent practicable governed by their county and agency policies, missions, and other operating
instruments:
Scope of Work
For the period set forth in this agreement, the County and the Service will provide the necessary
personnel, materials, services, funds, and otherwise perform all things necessary for the
performance of this cooperative agreement.
Both parties will:
I. Cooperate in the development of plans and far'lities located on Refuge lands adjacent to
noi-T i Jun"le TF3:11
II. Cooperate in developing a design style that would give a common look to the facilities
planned along jungle Trail.
III. Provide technical support, equipment, personnel, Facilities, training, and other necessary
support to the extent funds and personnel permit, for the benefit of the project.
M Continue to seek funding Jor all phases of the project.
The Refuge agrees to:
Reimburse the County up to $50,000 for performing the design and engineering work,
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including surveys, soil test and other related work for the project.
ll. Provide timely technical, design. and engineering support through the Fish and Wildlife
Service Ruional Office to review plans and drawings, as necessary to support the project.
III. Provide historic. archaeoloeical and other site information including maps. drawings,
surveys, and publications that would assist in the design phase of the project.
IV. Construct certain facilities specifically: kiosks, trails, boardwalks, signs, and an
observation tower and other facilities as per County drawings, as funds pernut after the
design phase is complete.
V. Provide educational and interpretive material, signs, brochures and other visitor materials.
VI. Maintain the trails, boardwalks, kiosk, and tower after construction.
VII. 'Serve as the lead on-site law enforcement agency to protect the site and the facilities.
VIII. Pay water and sewer fees.
The County agrees to:
1. Write, design, bid, and administer the engineering contract for the construction of roads,
trails, boardwalks, parking lots, restrooms, kiosk, observation towers, and other buildings
and facilities within 18 months of the execution of this agreement.
Il. Construct the restrooms, roads, and parking areas as per regulations found under the
Davis Bacon Act.
II Maintain the restrooms, roads, and parking areas after the construction phase is complete.
Ill. Provide water and sewer to the site (either by well or County water and septic tank or
county sewer, as deemed the most economical and practical).
IV. Provide backup law enforcement to protect the site and tits facilities by requesting
services from the Indian River County Sheriff Department.
V. Provide structural fire protection to the site.
Financial Administration
The Refuge will provide up to $50,000 toward the cost of developing plans, engineering
drawings, and architectural designs for certain public use facilities on Refuge lands along Jungle
Trail. Upon accepting the terms and conditions of this agreement, the County may Submit an
invoice to the Service up to $50,000 for services rendered under this agreement. The agreement
number should be clearly identified on the invoice. The invoice shall be submitted to the Merritt
Island National Wildlife Refuge for approval. t 1pon approvnl, the Refuge Mina ger will fortvard
the invoice to the 1~inance Center far payment. The County should allow for a minimum of 45
days from submission of the invoice to receipt of payment. A copy of the invoice will be provided
by the Refuge Manager to the Service's Division of Contracting and General Services.
Special Provisions
A. The scope of work and terms of this agreement may be modified at any time by mutual
consent of the signatory patties.
B. 43 CFR Pan: 12, Administrative and Audit Requirements and Cost Principals for
Assistance Programs are applicable to this agreement and are incorporated by reference
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with the same force and etlect as it they were given in full text.
C. The parties to this agreement agree to be responsible for damages to their own property
and injuries to their own employees except for damages/injuries resulting from the fault of
negligence of the other party. Any claims for damages to property or persons made against
the Service will be pursued in accordance with the provisions of the Federal Tort Claims
Act. Any claims for damages to property or persons mads; against the County will be
pursued in accordance with S_ 768.28, Fla. Stat.
1). The County shall give the Service, the Comptroller General, or any other auditor selected
by the Service, through any authorized representative, access to and the right to examine
all books, papers, or documents related to the agreement.
E. The County shall comply with all federal statutes relating to nondiscrimination.
F. Any portion of funds advanced to the County that are not expended at the completion of
the period of performance of this agreement shall be returned to the Service.
G. Should the County be unable to complete the provisions of this agreement, all monies
provided by the Service which prove to be cancelable obligations shall be returned to the
Service.
Project Oflizcers
A. For the Service
Ron Flight, Project Leader
Merritt Island National Wildlife Refuge
P.O. Sox 6544
Titusville, FL. 32782
(407)861-0567
B. For the County
Christopher J. Kafer, Jr. P.E.
County Engineer
Indian River County
1840 25th Street
Vero Beach, FL 32960
flight -of -Ways
The Service agrees to allow the construction of improvements oil property it tYwus in Felical'
Island National Wildlife Refuge. The Service agrees to allow these improvements to remain on its
land as outlined in the Intergovernmental Management Agreement, between the Service and State
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of Florida dated July 22, 1997
Period of Performance
The period of performance of this MOU is from the effective date of execution by both parties for
a period of twenty years. At the end of twenty years the terms of the easement expire. At that
time bath parties may agree to renew, revise, or terminate the agreement. It is anticipated that
this lutOU may be revised in conjunction with new developments before the end of the
pe±formance period.
Changes
Both parties to the Agreement must mutually agree upon any Changes to this agreement. An
addendum, signed by bath parties, will be attached to the original MOU denoting any and all
changes.
Termination
This agreement may be terminated by either party upon three months written notice to the other
party. Upon termination all rights granted hereunder shall be considered fully terminated and the
terminating party shall cease to be held liable.
Partners Independent Authority
Nothing in this MOU diminished the independent authority of either agency or party to administer
its statutory obligations. Nothing herein is intended to conflict with current agency directives. if
the terms of this MOU are inconsistent with existing directives of either party entering into this
agreement, then those portions of the MOU which are determined to be inconsistent shall be
invalid, but all remaining teens shall remain in full farce and effect.
Signatures
The undersigned hereby execute this MOLL and assure that the authorities to execute this
agreement have been appropriately granted.
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Attest:
By: ` /J—
Title- Deru##yy C! r
PATRICIA tA. R16 Y
Attest:
By:
Title:
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSION
By:'i'�
Chairman
Fran B. Adams
BCC Approved February 15, 2000
UNITED STATES FISH ANIS
WILDLIFE SERVICE
Regional Director
-id-^.n River Caanly f Annraned pate
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'...t., . - ...
AOREl MEN I' N(]: 1448-401,91-110-1-0 03,
CHARGE CODF: 401 31-)-X351-1}'000 t FY991
A\10( -;NT: Sa0.000.00
1'1 N: 59-600067.1
DUNS NUMBERW-920-8989
C OOIIFI�-\ i 1 %T" .%GREEEMENT
Between
U.S. DEPARTMENT OF "CHE INTERIOR
FISH AND WILDLIFE SERVICE
and
INDIAN RIVER. COUNTY
BOARD OF COUNTY COMMISSIONERS
COOPERATIVE AGREEMENT RiECIPIIEtiI"
Indian River County
Board of County Commissioners
1 840 2.5" Street
Vero Beach. Florida 32960
Recipient Class: Local Government
Catalog of Federal Domestic Assistance Number: 15.617
FAADS: 12.7.1150. 06 l . 10
IS'[iMINKINNY
Chis agreement between the U.S. Department of the Interior. Fish and %%`ildlife
Service (hereinafter referred to as the "Service") and the Indian River County
Board of County Commissioners Ihereina€'ter referred to as the "County") is
hereby entered Min. tinder the authority of the National Wil(Ilili re11127c tiff stcztt
Improvement Act of 1997 (Public Law 105-57; 111 Stat.12,�'_'). 5ecuotl 7 (b) (2)
of Clic Fish and Wildlife ACL of 1956 (16 U.S.C. 742 {b} (2)). alld the National
Wildlife Itefuve System Volunteer and Community Partnership Enhancement Act
of 1998 (1I.R. 1856)
M. Pi1RPOSF:
This Cuoperativc Agreement is being implemented to facilitate closer
coordination between the County's and Service's planning efforts at Pelican
Island. Currently, both agencies are working on plaits for public: recreation
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facilities crit lands owned by tine Refuge. This agreement would fund the County
to perform the planning and engineering work for Service's public uw facilities..
This Would serve to achieve a more consistent design thence for the iointly funded
project.
The Service and County have worked together to develop a plan llor providing
public use facilities at Pelican island and each have worked to obtain iiindine to
implement the plan. The County solicited and obtained Department of
Transportation ISTEA fundins, to plan. design. and construct restroom. parking,
and roads at two locations within the Rctug,e. The Retuue obtained funding to
plan and design a viewing, tower, board walks, kiosk and other tacilitic:s as Part of
the centennial celebration planned for 2003. This agreement would allow the
County to design the Refute funded facilities and insure both County and Service
facilities share a common architectural style. The County has tine capability to
perform the design and engineering work and the Refuge has aureed to reimburse
the County for the expense of'designing tate refuLge iitcilities.
lv. SCOPE OF EFFORT:
For the period set forth in this agreement the County and tate Service agree to
provide the necessary personnel, materials, services, funding, and otherwise
perform all necessary task for the performance of this cooperative agreement.
The Refuge will:
A. Reimburse tine County up to $50.000 for pe. io ming the design and
engineering work for the project.
B. Provide tine design and engineering specifications and requirements for the
job through the Regional Fish and Wildlife Service Engineering Office in
Atlanta.
C. Provide historic. archaeological and other site inf'ormatiion including traps,
drawings. survevs, and publications that would assist the County in the
designing the project.
D. Provide timely technical design, and engineering review of plans and
drawings through the Refuge and Fish and Wildlife Service Regional Office,
E. Provide copies ofapproved plans for towers. boardwalks. kiosks and other
facilities as needed.
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Cite County Will:
Develop the design attd engineering drawings for Refuge tended public use
facilities. Nlore specifically: Develop deaign, cttgineeringt and construction
drawings for two kiosks, bonrdwwaiks. trails, wildlife wiewwinu areas. and an
observation tower. (The refuge will provide the County wwiill a conceptual
plan which will serve as a blueprint for the faciiities.l provide engineering
and construction drawings for the entrance roads, parking lots. and restroom
facilities ipaid for under ISTEA project}. Develop Landscaping plan which
integrates with public use plan. Design storm water drainage and retention
areas which integrate with the site restoration plan toeing developed tinder a
separate agreement by the Refuge), Design all utilities including potable
water. sewer and electrical. The time frame for completing the abovo task is
18 months from the execution of this agreement.
B. Within six (6) months from the execution of the agreement, provide at least
three conceptual renderings of the public use facility layout and architectural
design. (One plan view ofkiosk and restroom laciIities. one plan view of
tower and orientation to Pelican Island. and one aerial oblique view
illustrating the location and relationship of roads, trails, parking areas,
restrooms, and tower)
C. Within one year from the execution of the agreement. provide i }lural
architectural design of kiosks, trails, boardwalks, restrooms and tower: 2)
preliminary storm water drainage and retention, road, ditches, landscaping,
parking areas plans. and 3) preliminary engincering drawings of utilities
(potable water. sewer, and electric).
D. At eighteen months ( 18) after the effective date of the agreement. provide
final engineering and construction drawings or storm water facilities. roads,
parking areas. landscaping, and utilities. Provide four (4) copies of all final
reports, architectural drawings, and engineering* plana.
G. Insure that a consistent architectural style is Followwed between the Refuge
,tnd County funded facilities and the design meets ,WA stanuards.
I-. Provide adet)ttate opportunities for Refuec input and review throughout the
platting process.
G. Where possible. follow the design guidelines developed by the Citizen
Planning Committee for public facilities as kollowws:
1. provide universal access which allow ail citizens the opportunity to see
Pelican Island.
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. utilize pervious material for rands and parking arcas.
provide rated entrancetsl to enhance atter-hour sccurit%.
4. avoid parking on Jungle "i'mi1,
5. facilities design should minimize wildlife impacts.
6. vegetative buffers utilizing native plants should be used to screen public
areas ikom wildlife and adiacent private lands.
7. floor elevation of tower should provide good view of the island but not
be obtrusive.
S. archeological sites will be protected.
9. facilities should be designed to reflect the Historic period of the early
1900'x.
Both Parties Will:
A. Cooperate in the development of plans and facilities located on Refuge
lands.
B. Cooperate in developing a design style that would give a common loop to all
out site facilities.
C. Agree to niect monthly to share information and provide progress updates.
D. Provide technical support. equipment. personnel, iaciiitics. tratnins. atld
other support to the extent bunds and personnel permit.
V, PRltlia ()F PCM
The period of performance or this agreement is firont October 1. 1999 through
March 31.2001.
VI, AWARD AMOUNT:
A. TOTAL UNOT-`1'O-EXCEED) AWARD AMOUNT: $50.000
B. FOTAI_ AMOUNT FUNDEDTO DATE: $ 50.000.00
C. FUNDED PERIOD: October 1. 1999 through March 31.2001.
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1). FUNDING INCREMENTS: The Recipient is adiced that ill, '�erti lco's
obligation to provide funding for funding 'increments tncluded in this
agreement is contingent upon t i )satisfactory performance unci I h) the
availability of funds. Accordingly. no Icgr,.l liability cin the part 01'010
Service unless or until funds are shade available to the Recipient ,anti notice
of such availability is confirmed in writing to the Recipient.
VH .IPI'ROPRIATION DATA:
APPROPRIATION: 40130 -6351 -0000(1'Y99)($50.000.00) -
VI 11.
10130-6.351-0040(I'Y99)(550.000.00).
fill. PAYM NT PROVISIONS:
A, Upon acceptance ofill c terms and conditions of this agreement. the Con nty
may submit requests for payment using Standard Form 270. Request for
Advance or Reimbursement. no more frequently than monthly. The Debt
Collection Improvement Act of 1996 (P.L. [04-13.11 requires that all federal
payments made by an agency after July 26. 1996. must be made by electronic
funds transfer unless the recipient certifies that they do not have an account
ata financial institution or authorized payment agr'ent.
B. The original and two copies of each payment request t Sf' 270) shall be
submitted to the Service Project Officer identified in Article X.A. of this
agreement. Upon approval, the Service Project Officer shall forward the
payment request and one copy to the Service Administrative Officer for
processing.
C. Should the County be unable to complete the provisions of this agreement,
all monies provided by the Service which prove to be cancelable obligations
or uaaflowable costs in accordance with A-87 ("Cost Principles for State and
Local Governinents") or the approved budget. shall be refunded to the
Service.
D. This aurccineits is intended io NO1-31mrt ;t particulGtr projCU lOF :t wq)eetltc
period of cline. Any portion of funds advanced to the Recipient that are not
expended at the completion of the period of perfonnance of this agreciitcstt
shall be returned to the Servicc, along with any interest earned on that
amount.
I%. ADJiMINISTRATIVi OFFIC; I.R:
The Administrative Officer for this agreement is:
Henry E. Cggink
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U.S. Fish and Wildlife Service
1875 Century Boulevard. Room 310
:planta. GA 30345
404-679-4063
l'. PROJECT OFFICERS:
A. Fish and Wildlife Service:
Ron Hight. Project Leader
Merritt Island NWR
P.D. Box 6504
Titusville, FL. 32780
Phone (407) 861-0667
B. Indian River County
Christopher Kafer. County Engineer
Indian River County
1840 25n' Street
Vero Beach, FL. 32960
Phone 861- 567-8000 ext.221
1.
REPORTING/DELIVERY REQUIREMENTS:
A. Interim Reports: 'Elie schedule for the submission of progress reports is as
follows:
Six months: Submit conceptual renderings (3)of public tlSe facilities tend
relationship to roads. trails and site restoration project.
one year: Final architecturai 1rawings of public use facilities. l'reiiminarw
storms water and drainage plan, road and parking drawings. landscape plan,
aot:d cn� it.eerittg dra�istgs of utilities..
13. Final Report: Within 90 calendar days after the agreement completion date
as defined in tite agreement or in tite most current ttmodificttiion, the
Recipient Project Officer shall submit a final report and drawings to (lie
Service Project Officer identified in Article X.A. this agrecmeln. A Copy of
tite final report shall also be forwarded to the Service :vinunistrative Officer.
C. Final Financial Status Report: Within 90 days after conviction of this
award. tilt: Reciricnt shall submit to the Service Administrative Officer a
final Financial Status Report (Standard Form 269).
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X11. rERMS AND CONDITIONS:
rhe Department of Interior regulations ,oveming assistance aureements with
state. local, or Indian tribe uovernments at subparts A-E of -i3 CFR Part i ,
.Administrative and Audit Requirements and Cost Principles for Assistance
Programs. iplus relevant circulars of the Office of N-lanagement and Budget
as referenced in these regulations), arc applicable to this agreement and are
incorporated by reference with the same force and effect as if they were
given in FWI text. Upon request the Service's Division of Contracting and
General Services will make the full text of these regulations available.
X111. MDIFICATIONS:
Modifications or renewals may be proposed at any time during the period of
performance by either party and shall become effective upon approval of both
panics.
XIV. SPECIAL PROVISIONS:
A,
Pre -approval requirements, The Project Officer will approve the County's
submittals (plans, drawings, renderings, written material) prior to payment.
l3.
Property provisions. All facilities, utilities, roads. and other improvements
made by the County, upon approval by the Service. will become property of
the Refuge.
C.
Special provisions for review and approval of work, Tile Retiree is
coordinating through several agreements to accomplish site restoration work
at the same time as this project. 'timely review and completion is important
to accomplish the Refuge goal for 2003. Special emphasis needs to be
placed on coordinating work schedules. mecting regularly to provide input
and review, and completing task on time.
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LiabiliLy of bodi pariics: flie Service's liability will be gUVerIlcd h\ the
Federal Tart Claims Tact (213 U.S.C. 2761 et se .). The extent of the
Recipient's liabilit;r shall be governed by the laws ofthe State of Florida.
E.
rite Recipient will comply with sections 2 through d of the .Act of IMarch 3.
1933 (41 U.S.C. lQa-It)c. popularly known as "Buy American Act").
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IN WITNESS WHEREOF. the parties hereto have caused this Cooperative Agreement to
he executed as of"the date therein written.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
Mn B. Adams
U.S. DEPARTMENT OF THE INFERIOR
FISH AND WILDLIFE SERVICE:
BY:
TITLE: Chairman HTLE:
DATE: February 15, 200Q DA•rl:
Inoian mover County F,pprpver) iJute
Admen:..^-irA?,:rota •�• � � i
1.... r
Now 4 1pp_q. �i�
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un Approval No. 008.0040
ASSURANCES - NON -CONSTRUCTION PROGRAMS
Public reporting burden for this collection of Information is estimated to average 15 minutes per response, including time for reviewiliq
instructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection o
information. Send comments regarding the burden estimate or any other aspect of t.'tis collection of Mfdrmation, including suggestions 131
reducing this burden, to the Office of .Managernent and Budget, Paperwork Reduction Project (03488.0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to addilionai assurances. If such
is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non -Federal share
of project cost) to ensure proper planning, management
and completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller Genera[
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable
lime frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C. §§4728-1763) relating to prescribed
standards far merit systems for programs funded under
one of the 19 statutes or regulations specrfieci in
Appendix A of OPM's Standards for a Merit System of
Personnel Administrmtion (5 G.F R 900, Subpart F).
6. Will comply with ali Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of taut, colur
or national origin; (b) TP: •_ IX of the Education
Amnndmnnts rf 1977, os nmonded (20 U-S.C. §§7681-
1683, and 1685.1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation
FfvN leu• Edilil?I, riieutG
Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42
U.S.C. §§6101-6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P,L, 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P,L. 91-616), as amended, relating to
nondiscrimirsalion on the basis of alcohol abuse or
alcoholism; (g) §§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; (h) Title Vill of the
Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale.
rental or financing of housing; (i) any other
nondiscrimination provisions.. in the specific stalule(s)
underwhich application for Federal assistance is being
made; and. 0) the requirements of any other
nondiscrimination stalute(s) which may apply to the
application.
Will comply, or has already complied, with The
requirements of Titres 11 and III of the Uniforms
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (RL. 91.1346) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
fedorally-assisted programs. These requirements apply
to all interests in (eat property acquired for project
purposes regardless : s Federal participation in
purchases.
8. Wil$ comply, as applicable, with ,provisions of the
Hatch Art 15 U.S.C. §§1501.1=nB and 7324-7328)
Which limit the political activities of employees whose
principal employment activities are funded In whole or
in part with Federal funds.
$lanrtaFd form 424B (iter. 1-11 T)
uthcri:ad trr Local ropioducttaa F'FUSeribKti by 04iB clreui: r ik-ru2
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9. Will comply, as applicable, with the provisions of the Davis -
Bacon Act (40 U.S.C.§§276a to 276a•7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §674), and the Contract
Work Hours and Safety Standards Act (40 U.S.C, §§327-
333), regarding labor standards for federally -assisted
construction subagreements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
Insurable construction and acquisition is $143,000 or more,
11, Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Art of 1969 (P.L. 91-190) and
ExecLINa Order (EO) 11c,14; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
tioodplains in accordance with EO 11986; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§1451 et seq.); (1) conformity of
Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1935, as
amended (42 U.S.C. §§7401 at seq.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93.523);
and, (h) protection of endangered species under 1he
Endangered Species Act of 1973, as amended (P.L. 93-
205).
12. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. 5§1271 at seq.) related to protecting
components or patenlial components of the national
wild and scenic rivers system.
13. Will assist the awarding agency In assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Histone Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq.).
14- Will comply with P.L, 93-348 regarding the protection of
human subjects involved in research. development, and
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89.544, as amended, 7 U.S.C. §§2131 at
seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
16. Will comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 at seq,) which
prohibits the use of lead-based paint in construction or
rehabilitation of raside nce structures.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act. Amendments of 1996 and OMS Circular No. A-133,
'Audits of States, Local Governments, and Non -Profit
Organizations:'
18. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
�e"`�•ve1 Caunly AnproVed 11aia
i ]l; ti il' fill F.ily
Division
IGNATURE OF AUTHORIZED CERTIFYI OFFICIAL TITLE
FRAN B. ADAMS rrl IRKAN
PPLICANT ORGANIZATION 0
INDIAN RM -R COIFNrY BOARD OF COUNTY COMMISSIONERS
February 15, 2000
Standard Foran 4248 fR»v. 1.971 Back
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U.S. Degartntettt of tate Interior
CERTIFICATION REGARDING
CONFLICT OF INTEREST
The recipient certifies that there are no relevant facts or circumstances which could give rise to
either an individual or organizational conflict of interest. Such conflict of interest could involve
such things as Government employees assisting in the preparation of the proposal or Government
employees being associated with or a member of the requesting organization and being in a
position to influence the awarding of a grant or cooperative agreement. The recipient agrees that
if an actual or potential conflict of interest is discovered the recipient shall make a full disclosure
in writing to the Contracting Officer. This disclosure shall include a description of actions which
the recipient has taken or proposes to take, after consultation with the Contracting Officer, to
avoid, mitigate or neutralize the actual or potential conflict.
FRAN B. ADAMS, CHAIRMAN, INDIAN RIVER COUNTY BOARD Or: COURrY COMMISSIONERS
Name and Tike of Authorized Representative
Date
Indian Rivor G,)u+ety�Affox-.a I Dale
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U.S. Deppdftmsnt at the Inlsrfor
Certtficatlons Regarding Debarment, Suipension and
Other Responsibillty (Matters, Drug -Free Workplace
Requirements fl i+rt Lobbying
persons signing this form shoutd refer 10 the regulations
referenced below for Clsmplcte instructions:
Certification Regarding Debarment. Suspensor, aril Other
Responsibility Matlera • primary Covered Transactions - The
prospective primary participant further agrees by
submitting this proposal that It will Include tics clause
titled, "Caatiilcatlon Regarding Debarment, Suspenoton,
InellgiNflty and Voluntary Exciuslan • Lower Tler Covered
Transaction," provided by tree department or agency
cantering into We covered b-ansaction, without
modification, In sit lowar tier covered transactians and In
all solictiations for lower tier covered transactions. See
Wow for language to be used; use this farm for certification
and sign: of use Department of lkre Inlena Form 1954 (01•
1954). (Sea Appendix A of Subpart D of 43 CFR Part 12.)
Cerb5calion Regarding Oebarment. Suspension. Inetig,b+tdy
and Voluntary Exclusion • Lower firer Covered Transactions
(See Appendix B of Subpart 0 of 43 CFR Part 12.)
Certification Regarding Ortrg•Froe V0xkt lac* Requnrnontf
Aftemate I. (Grantees Other Than iniSividuals) and A1lemale e
(Grantees "io are Irxfividuals) (S -,e Appendix C of Subpart
0 of 43 CFR part 12)
Signature on tris form provides for OXNAarrce wAhh certiECB"lion
requvernents under 43 CFR parts 12 and 19. The oertAcations
shag be treated as a mate naI representation of fact upon when
refrance wil bre ptaced wticn the Ocpartment of the interior
determines to award the covered transaction, grarC
coopefatn a agreement or loan.
PART A- Certification Re dii
rdng Debarment
eb m ent, Suspension, and Otter Responsibility Matters
primary Covere
CIE CK__]F FrniS CER TIMA FION iS FORA MMARY COVERED TRMSAC iKW Aho fS APPr rr`JAr F
(1) The prosp — ,r01arY panicipanl cenities to the best of its knowledge and belief, that d and its pdr6pais:
(a) Are r -t pfesentry debarred. susperAW. proposed for debarrnont, dedarcC kl,05901e, or valuntanly excluded from
cover d transactions by any Federal department tx agency;
(b) Ha. :not within a Tvee-year period preoedog this proposal been convided of or had a 64 Kidgmaint rnndercd against
them for commission of fraud or a orvninal offense in connection with obtaining, attempting to obtain. or performing a
public (Federal. State or kocafl transaction or contract under a public transaction, violation of Federal of State anikrusl
statutes or tonnnission of embezztement. theft, forgery• bnbery, falsification or destruction of records, making fatse
stalernents, of recerving stolen property;
(c) Are not presentty indicted for or otherwise crvrvnafiy or cmay charged by a governmental enlAy (Federal. State or local)
with commission of any of the offenses enumerated in paragraph (I)jb) of this certification. and
(d) Have not within a three-year period preceding this appOcatioNproposal had one of more public transaction i (Federal.
State or local) terminated for cause or default.
?y 4 rt:erc is thin nfn;; r�ros rrirr:ainj participanl unahl� to certify to any of the slafemcnis in this certification, such piospecIM
participant shall attach an exptanalion fe this Pro POS 'sf.
pART B. Carter TfJon Re ed ing oerransacme t, Suspension, Ineligibility and Voluntary Exclusion
r NECK—IF 7)1;S CEP Frr1CA TION IS FOR A J.OVWP DFR COVERED MANSAUION AND IS APPUCAfstE.
r1; Y1;9 Pfosperriva lower tier participant certifies, by submission of this proposal, that norther it ria firs prinrxpars is Presently
debarred, suspended, Pf0P*sed Ear debarment, doodled .iW::b!-_ cx yi;!14nlarvy e;riwFied 1f4C PnNaC3Uca in this Vensatl.rn
by any Federal department or agervyr.
(21 Vov.,e are prospeCLiva low• -r tier partk*2ni is unaWa to cent fy to any of the staterwrils in this certftalian, such prosptcWe
partklipant shall attach an explanation to this, proposal.
N FSM
■vMRlMlar lr rlq
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a= PART C: CerPlftC400n Ragarging 0".Fres Wo"ace R#qulfefnenaf
Ci+ECX _rF TNrS C.ER rrFICA l`?0N rS FOR AN AMICANT MIO e5 NOT AN INOWOVAL
alternate I. (Grantee$ 00,,tt Than lndmduaW
A, The grantee cedFfses that it resit or continue w provide a drug •Iree workplace by
(e) publishing s statement notrfybig empbyees that the unlawful rnawfactuto, d stnbulion, dlspensrp. Possession, a v%
of a controlled substarnce Is prohbded in the grantee's workplace and specoying the actions that wA be lakon ag4n'
employees for violation of such pro►'NtHtl4n,
(b) Establishing an ongoing drug.free awareness program to inform employees above
(1) Ilse dangers of Grog abuse xn the wrorkptace;
(2) T'Yis grantee's p6licy of mamba n+ng a dni�•h" workplace:
(3) Any aysdabto drug counseling, rehabilitation, and ompioyev assistance prog(am$; and
(d) The penalties that may be unposed upon ennploy ees for drug abuse vxttations occurring in 1}se workplace:
(e) Making A a requirement that each errtptoyee to be engaged in the performance of the grant bo given a 0opy of a
etalernent requued by Paragraph (a);
ee in the statement re u+red b h (a) that. as a o4nditt ) of enptoymeenl under the gr-ar
(d) Nolitying the ern�play 4 Y Para fa 9 P
ilio employee wia –
(t) ANdo by the terms of Ube slato"nt: and
(2) Notify the enVoyer In writing of his or her tonviciion for a vioba,non of a comi"I dn,g stalOo occurring in t
workplace no later Illan five calendar days after such conviciwn:
(a) Notifying the agency In writing, within ten Calendar days after receiving notice under subparagraph (d)(2) frorn _
employee or otherwise recti wig actual notice of such convrctian. Employers of convicted employees must prom
notioe. KXA411ng posAM tAW to every grant OffiCeir on Mme grant aotiv#y Tse omvwted "Itoyea vias working, unie
the Federal agency has designated a central pooh for the reoe I Pt of sluts notices. Notice alias WCk►de the kkilb 6cat
nrlrnbers(s) of each affected grarx
(f} Taking one of tho fo WMng atbons, wnthin 30 calendar days of rece'vvIg rra06ea under subparagraph (d)(2), with resp
to any employee who is so convIded
(1) eking approprialo Pcrsasnnel actirxs against such an employee, up fo and nciudiing termr+aban, consisterM r
the requirements of the Rehabntitalion Art of 1973. as amended; of
(2) Rtquir»g sLx;h amployeC to parbCi"Ie &absfactonly in a" abuse assaistanca or rehabMabon pmografn appm0
for such purposes by a Federal. States, or local tneaO. lawn enforcement, or other' appropsiiato ag00
(g) Making a good faith effort to continue to maintain a drug-free Workplace duough frnp rnonlabw of paragraphs (a)
(o), (d), (e) and (f).
B_ The grantee may insert in the space provided below the sites for the performance of work done in connection wrath the
specific grunt:
place of Performance (Street address, cit, county. state. zip wife)
Cbecic_iI theme are workplaces an file that ane nol identified here.
-arug-Fl€aiFY 6lRp1SCS Rirt;uieemeiiL't
CHECK—IF TwS CER TfF1CA M iS FOR AN APPLICANT IWO IS AN INOlV DUAL
Adbernate It, (Grantees VYho Are lndrviduabs)
(a) T�v g:tines certi'sE that, x c�rldrliMi pf t? ^ gra+nl. hm, w shn ml nrl engago in the un nlfU nnrrwfaextxe, d strrbu
dispensing. possession. or use of a contiolle6 substance in Conducting any activity wAh Sha grant
(b) if oo nvicted of a crirr" drip offense resulting from a vlotafiort OCCumng during the conduct of any gram! mcemty, t
she vrj report the conviction, in wYlRil'n3?, within 10 Calendar days of ale polrvittiers, to the print oFlloer or WA; desp
unless the Federal agency designates a central point for the reueo of sod'+ notices. tiWw nobs is made to su
cenirel pwA. a 1ha8 is dude Ilia kknbfv rsiidma number(s) of eaci abTes M gryrt
t11 MY
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PAAT 9; C- "ar C4
or4nitrrwag cLtsO,trng
Grant. Loans. and Coaperog- Agraa►nant;
CHECK IF CER nF4APON IS FOR 174E AWARD OF ANY OF neE FOL LOWTNG A -AV
THE SUBCONTRATEXCEEDS $ 100000 A FEDERAL GRANT OR COOPERA TIVE AGREEMENT,
C T, OR S 1 GRANT UNDER THE GRANT OR COOPERA TIVE AGREEMENT
CHECK (F CER TJPCA r*N IS FOR THE AWARD OF A FEDERAL
LOANFxaC04NG THE AMOONT OF $150.000 ORA SURGRANT+OR
SUCICONTRACT EXCEEOING 5100,000, UNDER THE LOAN
The undersigned 09rtifies, to this best of his or her knowledge and belief, dust
(1) No FerSerat appropriated funds have been Raid or wn11 be Para. by or on behalf of 0>tis undersigned, to any person for influerxhng
or attempting to W&Xrice an officer a 0ffoo: oro of an agency, a Member of Congre as, and Officer of arroloyea Of Congress,
or any ensployeo of a Member of Congress in cays;ection with the awar" of any Federal contract, the raskirrp of any Federal
grant, td* makjog of any Federal ban, the enlering into cf any c0OPml7ve agreement, and the extensk-^ cvnli wt!Or, renewal,
amendrnont, or nhodifiratyon of any Federal conuaGt, grant, ban, or cooperative agreement.
(2) if any funds ober than Federal a0roPnaled funds have been pard of wA be paid 10 any person for tnfluerying or attemp"
to viftuence an officer or ernp4oyee of any agency. a Member of Ccngre". an officer or envWyee of Congress. or an erre"
of a Mernber of COngress in conr>edw vrddh this Federal contract. gnarl, ban. or cooperative agreement, the undersigned shat
co,rnplete and submit Standard Fom,LLL.'Di sclosure Farm to Report Lobbying,' in accord aace with ds instructions.
(3) The undersigned shah require U,Ial the language of this c4rtifiicaton be included in the award documents for ail subawards at
all Uers (wr duding subcontracts. subg(ants. and contracts under giants, 'bans. and cooperatrva agfeements) and that jA
subreo*nts shag cer* accordingly.
This cedrfycation is a rnatenal representation of fad upon which reliance was placed when this transaction was made or entered
trite. Subntossron of tlnis oerlfflcalion a a prerequisRe for n akirxJ or entering undo Mtransaction ii nRosed by Secs)on 1332, title 31,
U.S. Code. Any person veto fails to file the required ccnAcation shall be Suet to a OMI penab[y of nal less than W000 and ryot
more tdian $100.000 for each such failure.
As the authorized certifying official, i hereby certify that the above specified certrfiealions are true.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICtA'L
TYPED NAME AND TITLE FRAN 13. ADAMS, CHATRiMAN, INDIAN RIVER COUVry L0ARD Or Cr7t]t+lt`Y
CC`?.! T r:!7 Tf,ply:p
DATE "t `� f`c}C� Eek�C'Udr}L1rLr1i]
h iridian River County Al:prnve(i hate
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