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AGREEMENT #00EM-D3-10-40-01-031
AGREEMENT
BETWEEN T14E STA'T'E OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
AND
Indian River County
This Agreement entered into by and between the Department of Community Affairs
(Grantee) and Indian River County (Subgrantee), shall govem certain emergency
management -related activities to be financed by the Grantee.
THEREFORE, in consideration of the mutual promises and covenants herein contained,
the parties agree as follows.
1. TERMS OF AOR1 EMENT
A. This Ag?recracnt shall begin on October 1, 1999 and shall continue in full force and
effect to, and including, September 30, 2000.
B. The Grantee agrees to allocate to the Subgrantee the maximum sum of $32,256 which
the Subgrantee will match with $32,256 to initiate the successful completion of the
activities/projects in the approved five year strategic plan submitted by this Subgrantee and
which are applicable to the period of performance of this contract.
C, It is agreed that liability of the Grantee under this Agreement shall not exceed the total
funds received and allocated by the Gr.arlWe for this Agreement.
D. The Gra, - - Subgrantee may terminate this Agreement for breach of contract, of in
the event of non-av; " :ty of funds, with such notice as is reasonable under the circumstances.
The State of Florida.. formance and obligation to pay under this Agreement is contingent
upon an annual approl. " 'ion by the Legislature and subject to any modification in accordance
with Chapter 216, Florida Statutes. Either party may terminate this Agreement without cause by
giving thirty (30) days written Notice to the outer patty.
E. The Subgrantee, in performing the requirements of this Agreement, shall comply with
all applicable laws, rules, regulations, ordinances and codes of the federal, state and local
governments. Tile payment of funding provided by this Agreement is contingent upon
compliance with all applicable laws, rules, regulations, ordinances and codes of the federal, state
and local governments. Non-compliance may result in the withholding of funds and the
suspension and wimination of this Agreement.
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U. gEOUIREMENT AND ASSURANCES
A. Cren ral Pr inns. The Subgrantee hereby assures and certifies that it will comply
with all applicable regulations„ policies, guidelines and requirements, including 44 CPR (Code of
Federal Regulations) Part 13 ("Common Rule") and the Statement of Assurances included as
Attachment A to this Agreement, 44 CFR Part 302, and Office of Management and Budget
(OMB) Circulars A-87 and A-133 as they relate to application, acceptance and use of federal
funds under this Agreement. Subgrantee also certifies it shall comply with chapter 252, F.S., Rule
Chapters 9G-6, 9G-7, 9G -I 1, and 9G-19, F,A.C. as a condition of the receipt and acceptance of
funds under this Agreement.
B. Lobbying.
1. The Subgrantee certifies, by signing this Agreement, that to the best of his or her
knowledge and belief, no federally appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal contract, the
making of any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement.
2. Pursuant to Section 216.347, 02d Statutes. the Subgrantee agrees that no funds
from this Agreement will be expended for the purpose of lobbying the Legislature or a state
agency.
C. Sipe of Work. The Subgrantee will comply with the approved "Five Year Strategic
Plan", hereinafter referred to as the "Strategic Plan", submitted by the county describing the
activities/projects to be accomplished this year under this. Such approved Strategic Plan is on
file for Subgrantee and has been previously routed for approval with the Subgrantee's Emergency
Management Preparedness and Assistance (EMPA) Base Grant. At a minimum, Subgrantee shall
complete those tasks identified in its Strategic Plan to be perforated during the period of this
Agreement. l Mire to titttely complete tasks ideutified in the Strategic Plan may constitute
grounds for withholding funds and suspension and termination of this Agreement.
D. Compensation an Financi orling, Rpnilirpments.
1. The Subgrantee shall use the funds available under this Aygrwiticnt to eidiance
emergency management plans and programs that are consistent with the State Comprehensive
Emergency Management Plau. OMB Circular A-87 should be used to provide guidance
concerning allowable and unallowable expenditures. The Subgrantee may receive full
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reimbursement of all eligible expenditures incurred during each quarter for costs incurred in the
satisfactory performance of work hereunder in an amount not to exceed the total allocation shown
in Paragraph F.B. of this Agreement.
2, Expenditure Rep orts/Reimbursement Requests must be submitted to the Grantee on a
quarterly basis and are due within thirty (30) days after the end of each quarter. Progress reports
must be submitted to the Grantee on a semiannual basis according to the requirements set forth in
the Subgrantee's EM -PA base grant for the same fiscal period. A final Close-out Report is due
within forty-five (45) days after the termination of this Agreement. The Subgrantee shall not
receive reimbursement for final expenditures until the final EMPA progress report is received,
previous payments are audited and final approval has been made by the Grantee.
3. Any acquisitions that exceed $5,000 (each item) must have prior written approval from
the Florida Division of Emergency Management (DEM) Director's Office.
E. Fiscal and Program Accountability_ The Subgrantee must establish fiscal control of
subgrant funds and required matching expenditures as required in Federal Emergency
Management Agency (FEMA) regulations and OMB Circulars. The Subgrantee acknowledges
that it has full responsibility for fiscal and programmatic accountability for this subgrant. In tiie
event the Subgrantee is unable to produce records capable of being audited without
reconstruction by auditors, all funds paid under this Agreement by the Grantee to the Subgrantee
shall be disallowed and subject to repayment. The accounting system established and maintained
by the Subgrantee must have internal controls adequate to safeguard the assets of the Subgrantee,
check the accuracy and reliability of accounting data, promote operating efficiency and ensure
compliance with described management policies of this Agreement.
F. RecPrding ind Documentption of Receipt and Expenditures. Accounting procedures
must provide for an accurate and timely recording of receipt of funds by type of expenditures
made from such funds and of unexpended balances. Accounting procedures must be adequate to
ensure that expenditures charged to this subgrant are for allowable purposes and that
documentation is readily available to verify that such charges are accurate. Failure to create and
maintain said documentation may result in the disallowance and recoveryof funds.
G, Unexpended Funds. Unexpended funds which are reflected on the final Close-out
Report referred to hi Paragraph H.D. above will automatically revert to the Grantee, and the
Grantee reserves the right to unilaterally reobligate such funds.
H. Obllraation of Grani Funds. Subgrant funds shall not be obligated prior to the effective
date, or subsequent to the termination date, of the subgrant period Obligations
outstanding as of the termination date shall be liquidated within thirty (30) days. Such obligations
must be related to goods or services provided and utilized within the subg. ant period.
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1, Beln ian of Recgrds.
1. All original records pertinent to this Agreement shall be retained by the Subgrantee for
three years following the date of termination of this Agreement or of submission of the final
close-out report, whichever is later. However, if any litigation, claim or audit is started before the
expiration of the three-year period and extends beyond the three-year period, the records will be
maintained until all litigation, claims or audit findings involving the records have been resolved.
2. All records, including supporting documentation oraH program casts, shall be
sufficient to determine compliance with the requirements and objectives of the Scope of Work
shown in paragraph B.C. and all other applicable laws and regulations.
3. The Subgrantee, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its public records at.
reasonable times to the Grantee, its employees, and agents. "Reasonable" shall be construed
according to the circumstances, but ordinarily shall mean during normal business hours of 8:00
a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Grantee.
3, Audit -Re uireMonts. The Subgrantee agrees to maintain financial procedures and
support documents, in accordance with generally accepted accounting principles, to account for
the receipt and expenditure of funds under this Agreement.
1. These records shall be available at all reasonable times for inspection, review, or audit
by state personnel and other personnel duly authorized by the Grantee. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:40
a.m. to 5:40 p.m., local time, Monday through Friday.
2. The Subgrantee shall also provide the Grantee with the records, reports or financial statements
upon request for the purposes of auditing and monitoring the funds awarded under this Agreement.
3. The Subgrantee shall provide the Grantee with an winual f inancidi audit report which
meets the requirements of Sections 1.45 and 216.349, Florida St tute5 and Chapter 14.554,
Rules of the Auditor General, and to the extent applicable, the Single Audit Act of 1984, 3 i
U.S.C. ss. 7501-7507 as amended 1996, OME13 Circular A-133 for the purposes of auditing and
monitoring the funds awarded under this Agreement.
4. The annual financial audit report shall include all management letters and the
Subgrantee's response to all findings, including currc:ctive autirns to be taken.
5. The annual financial audit report shall include a schedule of financial :assistance
specifically identifying all Agreement and grant revenue by sponsoring agency and Agreement
number.
6. The complete financial audit report, including all items specified in d.4. and 5. above, is
due on or before April 30, 2401 and shall be sent directly to:
Department of Community Affairs
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
7. In the event the audit shows that the entire amount of awarded funds, or any portion
thereof, was not spent in accordance with the conditions of this Agreement, the Subgrantee shall
be held Gable for reimbursement to the Grantee of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (30) days after the Grantee has
notified the Subgrantee of such non-compliance. The Grantee may offset current awarded funds
to reimburse for previous year non-compliance. if the Subgrantee fails to provide the
reimbursement within 30 (thirty) days, then the Subgrantee authorizes the Grantee to deduct the
amount to be reimbursed from any funds awarded to the Subgrantee but not yet released by the
Grantee.
8. 'The Subgrantee shall have all audits completed by an independent public accountant
(IPA) who shall be either a certified public accountant or a public accountant licensed under
Chapter 473, Floridatarrr-v The IPA shall state that the audit complied with the applicable
provisions noted above..
K. Modification of Aregiment. Either party may request modification of the provisions
of this Agreement. Changes which are mutually agreed upon shall he valid only when reduced to
w-iting, duly signed by each of the parties hereto, and attached to the original of this Agreement.
L. Nntice and Contact.
1. All notices provided under or pursuant to this Agreement shall be set forth in writing
and delivered either by hand delivery, or first class, certified mail, return receipt requested, to the
representative identified below. Said notification shall be attached to the original of this
Agreement.
2, The Department designates Edgar W. Gonesh, Planning Manager, Division of
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Emergency Management, as the Department's Contract Manager. All communicatio^s, written or
oral, relating to this Agreement shall In directed to him at the following address:
` Department of Community Affairs
Division of ]Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32391-2100
E -Mail - edgar.gonesh@dca.state.fl.us
3. The signer of this Agreement or his/her designee shall be the County's Contract
Manager. All communications, written or oral, relating to this Agreement shall be directed to
him/her at the following address:
Douglas Wright, Director of Emergency Services
1590 25th Street
Vero peach, FL 32960
Telephone #:(561) 567-8000 x-225
4. All payments relating to this Agreement shall be mailed to the following address:
Same as alcove
5. In the event tliat different representatives are designated by either party after execution
of this Agreement, notice of the name, title, address and telephone number of the new
representative will be rendered as provided in paragraphs L.3. and L.A. above.
M. Subcontracts.
1, if the Subgrantee subcontracts any or all of the work required under this Agreement,
the Subgrantee agrees to include in the subcontract language binding time subcontractor to the
terms and conditions of this Agreement with the Grantee..
2. The Subgrantee agrees to include in the subcontract language stating that the
subcontractor shall hold the Grantee and Subgrantee harmless against all claims of whatever
nature which may arise out of the subcontractor's performance of work under this Agreement, to
the extent allowed by law.
3. If the Subgrantee subcontracts, a copy of the executed subcontract must be forwarded
to rite Grarmtee witiriu tlrimty (30) days after execution.
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lit, 5"CANDARI) CONUi1I4NS
A. Bills for fees or other compensation for services or expenses must be submitted in
detail sufficient for a proper pre -audit and post -audit thereof.
B. Bilis for any travel expenses must be submitted in accordance with Section 112.061,
FIS to es•
C. Units of deliverables, including reports, findings, and drafts as specified in Paragraph
II.C. of this Agreement, must be received and accepted by the contract manager prior to payment.
D. The Grantee may unilaterally cancel this agreement for refusal by the Subgrantee to
allow public access to all documents, papers, letters or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the Subgrantee in conjunction with this
Agreement. It is expressly understood that substantial evidence of the Subgrrantee's refusal to
comply with this provision shall constitute a breach of contract.
E. The State of Florida will not intentionally award publicly -Funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in R U.S.C. Section 1324a(e)[5ection 274A(e) of the
Immigration and Nationality Act ("INA")]. The Department shall consider tate employment by
any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation
by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
F. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with a public entity, and may not transact business
with any public entity in excess of Category Two for a period of 36 months from the date of being
placed on the convicted vendor list.
N. LEGAL AIERQRIZATION
The Subgrantee certifies with respect to this Agreement that it possesses legal authority to
receive the funds to be provided under this Agreement. The Subgrantee also certifies that the
undersigned possesses the authority to legally execute and bind Subgrantee to the terms of this
Agreement.
The Subgrantee acknowledges that the responsibility for complying with the approved
subgrant award rests with the Subgrantee and acknowledges that failure to do so constitutes
grounds for the recession or suspension of this subgrant and may indluence future subgrant
awards.
IN WITNESS HEREOF, the Grantee and the Subgrantee have executed this Agreement;
FOR THE SURGRANTEE:
Indian River County
Board of County Commissioners
Authorized County Official
Fran B. Adams, Chairman
NameaTitle
March-21-2000-
Date
9 rch21. 2000Date
FOR Tl IE GRANTEE:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Authorized Department Official
Joseph F. Myer-/Division_Director
NamefTitle
Date
Federal Employer ID # 59-6000679
Catalog of Federal Domestic Assistance Number and Program
CFDA # 83.552 Emergency Management Performance Grant (MPG)(f'ornierly known as SLA)
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Attachment A
STATEME; [T QF ASS CES
To the extent the following provisions apply to the award of assistance in this Agreement, as
determined by the awarding agency, the Subgrantee hereby assures and certifies that:
(a) It possesses legal authority to enter into this agreement, and to execute the proposed program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar
action authorizing the execution of the disaster relief funding agreement with the Grantee, including all
understandings and assurances contained therein, and directing and authorizing the Subgrantee's chief
ADMINISTRATIVE officer or designee to act in connection with the application and to provide such
additional information as may be required;
(e) No member of or delegate to the Congress of the United States, and no Resident
Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from
the same. No member, officer, or employee of the Subgrantee or its designees or agents, no member of
the governing body of the locality in which the program is situated, and no other public official of such
locality or localities who exercises any functions or responsibilities with respect to the program during
his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted
under this agreement. The Subgrantee shall incorporate or cause to be incorporated, in all such
contracts or subcontracts a provision prohibiting such interest pursuant to the purpose state above;
(d) All Subgrantee contracts for which the State Legislature is irk any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Subgrantee for
eligible contract work completed prior to the date the notice of suspension of funding was received by
the Subgrantee. Any cost incurred atter a notice of suspension or termination is received by the
Subgrantee may not be funded with funds provided under this Agreement uriless previously approved
in writing by the Grmtee. All Subgrantee contracts shall contain provisions for termination for cause
or convenience and shall provide for the method of payment in such event;
(e) It will, comply with:
(1) Contmet T'M'. Uours and Rafety Standards Act of 1962, 40 U.S.C. 327 at scq.,
requiring that mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half times their basic wage ,ates
for all hours worked in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least the minimum prescribed wage, and also that they be paid one and
ane-bn?f times their basic wage rates for rill hours worked in excess of the pre -E shed
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(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated against
on the basis of race, color; religion, sex or national origin in all phases of employment during
the performance of federal or federally assisted construction contracts; affirmative action to
insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and
election for training and apprenticeship;
(g) The Subgrantee agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public
and private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications;
(h) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves
or otbL?s, pa�kicul ly those wadi wia��n3 they lla'Ve i ,roily, lir , iness, m "�tb".r• ties l�olsu:�rlt for Section
112.313 and Section 112.3135,
(i) It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and
prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities;
(1) It will comply with the provisions of 18 USC 594, 598, 600-605 ((wither known as the (latch
.Act; tvlrich limits the political activities of employecs;
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(� It will comply with:
(1) Title VI of the Cavil Rights Act of 1964 (PJ,. 88-352), and the regulations issued
pursuant thereto, which provides that no person in the United States shall on the grounds of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or
be otherwise subjected to discrimination under any program or activity for which the
Subgrantee receives Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is provided or
improved with the aid of Federal financial assistance extended to the Subgrantee, this assurance
aunsferee, for
shall obligate the Subgrantee, or in the case of any transfer of such property, any
the period during which the real property or structure is used for a purpose for which the
Federai financial assistance is extended, or for another purpose involving the provision of
similar services or benefits;
(2) Any prohibition against discrimination on the basis of age tinder the Age
Discrimination. Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits
discrimination on the basis of age or with respect to otherwise qualified handicapped
individuals as provided in Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated against
on the basis of race, color; religion, sex or national origin in all phases of employment during
the performance of federal or federally assisted construction contracts; affirmative action to
insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and
election for training and apprenticeship;
(g) The Subgrantee agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public
and private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications;
(h) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves
or otbL?s, pa�kicul ly those wadi wia��n3 they lla'Ve i ,roily, lir , iness, m "�tb".r• ties l�olsu:�rlt for Section
112.313 and Section 112.3135,
(i) It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and
prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities;
(1) It will comply with the provisions of 18 USC 594, 598, 600-605 ((wither known as the (latch
.Act; tvlrich limits the political activities of employecs;
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(k) It will compiy with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973 as amended, 42 USC 40024107, including requirements regarding the
purchase of flood insurance in communities where such insttrance is available as a condition for the
receipt of any Federal futancial assistance for construction or acquisition purposes for use in any area
having special flood hazards. The phrase "Federal financial assistance" includes any forth of loan,
grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grunt, or any other form
of direct or indirect Federal assistance;
(l) It will -require every building or facility (other than a privately owned residential structure)
designed, constructed, or altered with funds provided under this Agreement to comply with the
"Utriform Federal Accessability Standards," (AS) which is Appendix A to 41 M Section 101-19.6
for general type buildings and Appendix A to 24 M Part 40 for residential structures. The
Subgrantee will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor,
(m) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National IFistoric Preservation Act
of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Office to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 CFR Section 800.8) by the proposed activity; and
(2) Complying with all requirements established by .the State to avoid or mitigate adverse
effects ups , such properties.
(3) abiding by the terms and conditions of the "Programmatic Agreement Among the
Federal Emergency Management Agency, the Florida State Historic Preservation Office,
the Florida Department of Community Affairs and the Advisory Council on Historic
Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in
implementing Section 106 of the National Historic Preservation Act (NBPA), 16 U.S.C. 470f,
and implementing regulations in 36 CFR part 800.
(4) When any cf Recipient's proieets funded under this Agreement may affect a Historic
property, as defined in 36 CFR 800.(2)(c), the Federal F-mergency Management Agency
(FEMA) may require Recipient to review the eligible scope of work in consultation v- i'_:� the
State Historic Preservation Office (SHPO) and suggest methods of repair or construction that
will conform with the recommended approaches set out in the Secretary of Iiaterior's
Standards for Rehabilitation and Guidelines for Rehab litatin; Historic Building 1!192
(Standards), the Secretary of the Interior's Guidelines for Archeological Documentation
(Guidelines) W Federal Register 44734-37), or any ether applicable Secretary of Interior
standards. If FEMA determines that the eligible scope of work will not conform with, the
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standards, Recipient agrees to participate in consultations to develop, and, after exectit Wit by
all parties, to abide by, a written agreement that establishes mitigation and recordation
measures, including -but not limited to, impacts to archeological sires, and the salvage, storaee,
and reuse of any significant architectural features that may otherwise be demolished.
(5) Recipient agrees to notify FEMA and the Department if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to: subsurface
disturbance; removal of trees; excavation for footings and foundations; and installation of
utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except
where -these activities are restricted solely to areas previously disturbed by the installation,
replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the
potential that archeological properties may be present and be affected by such activities. The
SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National
Register eligible archeological property or will snake recommendations for the development of
a treatment plan for the recovery of archeological data from the property. If Recipient is unable
to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan
consistent with the Guidelines and take into account the Advisory Council on Historic
Preservation (Council) publication "Treatment of Archeological Properties." Recipient shall
forward information regarding the treatment plan to FEIVIA, the SHPO and the Council for
review. If the SHPO and the Council do no object within 15 calendar days of receipt of the
treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the
Council or the SHPO object, Recipient shall not proceed with the project until the objection is
resolved..
(G) Recipient shall notify the Department and FFMA as soon as practicable: (a) of any
changes in the approved scope of work for a National Register eligible or listed property; (b) of
all changcs to a project that .may result in a supplemental DSR or modify an HMGP project for
a National Register eligible or listed property; (c) if it appears that a project funded under this
Agreement will affect a previously unidentifned property that may be eligible for inclusion in
the National Register or affect a known historic property in an unanticipated manner. Recipient
acknowledges that FEMA may require Recipient to stop construction in the vicinity of the
discovery of a previously unidentified property that may be eligible for inclusion in the
National Register or upon learning that construction may affect a ]mown historic property in an
unanticipated manner. Recipient further acknowledges that FEivL`,, may require Recipient to
take aU reasonable measures to avoid or minimize harm to such property until FEMA
concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require,
and Recipient shall comply with, modifications to the project scope of work necessary to
implement recommendations to address the project and the property.
(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not
receive funding for projects when, with intent to avoid the requirements of the PA or the
NHP'., Recipient intentionally and significantly adversely affects a histuric property, or having
the legal power to prevent it, allowed such significant adverse affect to occur.
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(n) It will comply with Title 1:4 of the Education Amendments of 1972, as amended (20 U.S:C..
1681-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex;
(o) it will comply with the Comprehensive Alcohol Abuse and Alcoholism. Prevention, 'treatment
and Rehabilitation Acct of 1970, (42 U.S.C. 452143-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3
and 290 ee-3), as amended, relating to confidendaiity of alcohol and drug abuse patient records:
(q) it will comply with Lead-Bascd Paint Poison Prevention Act (42 U.S.C.; 4821 et seq.) which
prohibits the use of lead based paint in construction of rehabilitation or residential structures;
(r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C.
6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto;
(s) it will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159,
pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or
other activities supported by an award of assistance under this agreement;
(t) It' rill comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42
3601-3619, as amended, relating to non-discrimination in the sale, rental, or financing of housing, and
Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of
race, color or nation origin;
(u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(v) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;
(w) It will comply with the Eadangcred Species Act of 1973, 16 U.S.C. 1531-1544;
(x) It will comply with the Inteigovern.mental Personnel Act of 1970, 42 U.S.C. 47284763;
(y) It will assist the awarding agency in assuring compliance with the National Historic
Preservation Act of 1966, as amended, 16 U.S.C. 270;
(z) It will comply with environnionu,l sts,nr],,rr s wEich may be prescribe? pun=, to theNladonul
Environmental Policy Act of 1969, 42 U.S.C. 4321-43347;
(aa) It will assist the awarding agency in assuring compliance with the Preservation of
Archeological and Historical Preservation Act of 1966, 16 U.S.C. 4690, et seq;
(bb) It will comply with the rehabilitation Aot of 1973, Section 504, 29 U.S.C. 7984, regarding
non-discrlminati cru ;
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4b
40
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(cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 43 U.S.C. 30of 300j, regarding the protection of underground water
sources;
(dd) it will comply with the requirements of Titles U and III of the Uniform R. -location Assistance
and Property ,acquisition Policies Act of 1970,42 U.S.C. 46214638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs;
(ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1387, related to
protecting components or potential components of the national wild and scenic rivers system;
(ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and.EO 12898 (Environmental
Justice);
(gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
(hh) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972,16 U.S.C. 1451-1464; and
(ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
6j) With respect to demolition activities, it will:
1. Create and matte available documentation sufficient to demonstrate that the Recipient and its
demolition contractor have sufficient manpower and equipment to comply with the obligations
as outlined in this Agreement.
2. Return the property to its natural state as though no improvements had ever been contained
there on.
3. Furnish documentation of all qualified personnel, licences and all equipment necessary to
inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead
in accordance with requirements of the U. S. Environmental Protection Agency the Florida
Department of Environmental Protection and the County Health Department.
4. Provide documentarian of the inspection results for each stnacture to indicate:
a- Safety Hazards Present
b. Health Hazards Present
r.. Ha7ardotts Materials Present
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S. Provide supervision over contractors or empioyees employed by Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify the Department promptly of any unusual existing condition which hampers the
contractors work.
8. obtain all required permits.
9. Provide addresses and marked snaps for each site where water wells or septic tanks are to
be closed along with the number of wells located on each site.
10. Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy Policy
and Conservation Act ( Public Law 94 -163).
11. Comply with all applicable standards, orders, or requirements issued under Section 306 of
the Clean Air Act [42 U.S.C. 1857(h)], Section 508 of the Clean Water Act (33 U.S. 1368),
Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 C.F.R.
Part 16). This clause shall be added to any subcontracts.
12. Provide documentation of public notices for demolition activities.
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