Resolution 2000-095
16G2
RESOLUTION NO. 2000---2.L
RESOLUTION AUTHORIZING THE EXECUTION AND
ACCEPTANCE OF AN AGREEMENT BETWEEN THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
AND COLLIER COUNTY REGARDING EMERGENCY
MANAGEMENT RELATED ACTIVITIES
WHEREAS, the State of Florida Department of Community Affairs has
funds available for emergency management related activities; and
WHEREAS, the State in Agreement #OOEM-D3-09-21-01-011 shall agree
to provide $38,461.00 to initiate the successful completion of the activities and
projects in the approved five year strategic plan submitted by Collier County and
which are applicable to the period of performance of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA that;
The Board hereby approves Agreement #OOEM-D3-09-2l-0l-0l1 between the
State of Florida Department of Community Affairs and Collier County in
substantially the form attached hereto, and hereby authorizes its Chairman to
execute the Agreement on behalf of this Board with all understandings and
assurances contained therein, and authorize Staff to act in accordance with the
Agreement.
This Resolution adopted this ~ J'~ day of 7JJ~ 2000,
after motion, second and majority vote in favor of adoption.
.. <"ATTEST:
I".
"'"
DWl6HT E. BROCK, Clerk
r'"\.'
-- .. ...~ " '
. ~j';,'#~~~ ~
Att,st' as to Chairman's
sfoit.ture only.
Approved as to form and
legal ~ciency; /
I ,~ P&>LLC.L-----'
Thomas C. Palmer
Assistant County Attorney
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AGP~EMENT ~OOEM-D3-09-21.01-011
AGI~EM]~NT
B~EN T~ STA~ OF ~O~A
DEP~TMENT OF CO~~Y ~~S
~D
Colder County
T~s A~eement entered into by ~d between the Depment of Commu~ty Aff~rs
(Gr$tee) ~d Collier Co~ty (Sub~tee), sh~l govem ce~n emergency m~agement-related
ac~vi~es to be fin~ced by the Gr~tee.
TEEFOE, in consideration of ~e mutu~ pro~ses ~d coven~ts herein cont~ned,
· e p~es a~ee as follows:
I. TE~S OF AGEE~
A. This Agreement 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 $38,461 which
the Subgrantee will match with $38,461 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 Grantee for this Agreement.
D. The Grantee or Subgrantee may terminate this Agreement for breach of contract, or in
the event of non-availability of funds, with such notice as is reasonable under the circumstances.
The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature and .subject to any modification in accordance
with Chaptd:'216, Florida Statutes. Either party may terminate this Agreement without cause by
giving thirty (30) days written notice to the other party.
E. The Subgrantee, in performing the requirements of this Agreement, shall comply with
all applicable laws, roles, regulations, ordinances and codes of the federal, state and local
governments. The 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 termination of this Agreement.
II. REQUIREMENTS AND ASSURANCES
A. General Pro~sions. The Subgrantee hereby assures and certifies that it will comply
with all applicable regulations, policies, guidelines. and requirements, including 44 CFR (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-11, and 9G-19, F.A.C., as a condition of the receipt and acceptance of
funds under this Agreement.
B. Lobbying. .'- '-
I. 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, Florida 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. Scope of Work. The Subgrantee will comply with the approved "Five Year Strategic
Plan", hereinalter referred to as the "Strategic Plan", submitted by the cottory 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 Subgrantees 'Emergency
Management Preparedness and Assistance (EMPA) Base Grant. At a minimum, Subgrantee shall
complete t. hose tasks identifiedin its Strategic Plan to beperformed during the period of this
Agreement.' "Failure to timely complete tasks identified in the Strategic Plan may constitute
grounds for withholding funds and suspension and termination of this Agreement.
D. Compensation and Financial Reporting Requirements.
1. The Subgrantee shall use the funds available under this Agreement to enhance
emergency management plans and programs that are consistent with the State Comprehensive
Emergency Management Plan. 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 elign~ble expenditures incun'ed during each quarter for Costs incurred in the
satisfactory pefforman_ce of work hereunder in an amount not to exceed the total allocation shown
in Paragraph I.B. of this 'Agreement.
2. Expenditure Reports/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 EMPA base grant for the same fiscal period. A final Close-out Report is due
within forty~ve (45) days at~er 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 programmarie accountability for this subgrant. In the
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. Recording and Documentation of Receipts 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 ofunexpended 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 sai..d. documentation may remit in the disallowance and recovery of funds.
G. Unexpended Funds Unexpended funds which are reflected on the final Close-out
Report referred to in Paragraph lID. above will automatically revert to the Grantee, and the
Grantee reserves the right to unilaterally reobligate such funds.
H. Obligation of Grant 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 subgrant period.
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I. Retention of Records.
1. All original records pertinent to this Agr6ement shall be r6tained by the Subgrantee for
three years following the date of termination of this Agreement or of submission of the final
dose-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 andit findings involving the records have been resolved.
2. All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Scope of Work
shown in paragraph 11. C. and all other applicable laws and regulations.
3. The Subgrantee, its employees or agents, including all subcontractors or consultants to
be paid from ~mds 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.
J. Audit Requirements. 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' 8:00
a.m. to 5:00 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.-.- _T!!...e Subgrantee shall provide the Grantee-with an annual financial audit report which
meets the requirements of Sections 11.45 and' 216.349, Florida Statutes, and Chapter 10.550,
Rules of the Auditor General, and to the extent appficable, the Single Audit Act of 1984, 31
U.S.C. ss. 7501-7507 as amended 1996, OMB 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 corrective actions to be taken.
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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 J. 4. and 5. above, is
due on or before April 30, 2001 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 mount of awarded funds, or any portion
thereof, was not spent in accordance with the conditions of this Agreement, the Subgrantee shall
be held liable 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
mount to be reimbursed from any ~mds 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, Florida Statutes. The IPA shall state that the audit complied with the applicable
provisions noted above.
K. Modification of Agreement. Either party may request modification of the provisions
of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to
writing, duly signed by each of the parties hereto, and attached to the original of this Agreement.
L.'- Notice 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. GonestL Planning Manager, Division of
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Emergency Management, as the Department's Contract Manager.. All Communications, written
or oral, relating to this Agreement shall be directed to him at the following address:
Department of Community Affairs "
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
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:
Kenneth F. Pineau, Emergency Management Director
3301 East Tamiami Trail, Harmon Turner Building
Naples, FL 34112
Telephone #: (941) 774-8444
4. All payments relating to this Agreement shall be mailed to the following address:
Collier County Emergency Mi~nagement Department
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
5. In the event that 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.4 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 the 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.
2. If the Subgrantee subcontracts, a copy of the executed subcontract must be forwarded
to the Grantee within thirty (30) days after execution.
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EI. STANDARD CONDITIONS
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. Bills for any travel expenses must be submitted in accordance with Section 112.061,
Florida Statutes.
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 tmilaterally 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 Subgrantee'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 8 U.S.C. Section 1324a(e)[Section 274A(e) of the
Immigration and Nationality Act CINA")]. The Department shall consider the employment by
any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation
by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
F. A person or a~liate 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.
IV. LEGAL AUTHORIZATION
__ 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,
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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 influence future subgrant awards:
IN WITNESS HEREOF, the Grantee and the Subgrantee have executed this Agreement;
FOR THE SUB EE: FOR THE GRANTEE:
BOARD OF UNTY COMMISSIONERS STATE OF FLORIDA
LIE
n Authorized Department Official
Joseph F. Myers / Division Director
Name/Title
/ Date Date
Federal Employer ID # 59-6000558
Catalog of Federal Domestic Assistance Number and Program
CFDA #83.552 Emergency Management Performance Grant 0iMPG) (formerly known as SLA)
ATTEST: DWIGHT E. BROCK, CLERK
-, ' (Deputy (~rk)
Attest as to Chatman'$
s ~nature onlyo
Approved as to Form and Legal Sufficiency
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-.-L Attachment A'-~
STATEMENT OF ASSURANCES
To the extent the following provisions apply to th'e 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 a:~rthori~ng the execution of the disaster relief funding. agreement with the Grantee, including all
understandings and assurances contained therein, and directing and-autho~ the Subgrantee's chief
ADMINISTRATIVE officer or designee to act in connection with the application and to provide such
additional infoma. tion as may be required;
(c) No member. of or delegate to the Congress of the United States, and no Kesident
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 iU5 designees or agents, no member'of
the govemlng body of the locality in which the program is sit~ated, and no other public of Hcial of such
locality or localities who exercises any functions or responsib~ities 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 tile 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 in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Subgrantee for
eligible contmc~ work completed prior to the date the notice of suspension of funding was received by
the Subgrantee. Any cost incurred at~er a notice of suspension or termination is received by the~
Subgrantee may not be funded with funds provided .under this Agreement unless previously approved
in writing by the Gintee. All Subgrantee contracts shall contain provisions for termination for cause
or Convenience and shall provide for the method ofpayment in such event;
(e) . It will: Comply with:'
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq.,
requiring thMt mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half H-rues their basic wage rates
--- for all hours worked in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U~S.C. Section 201 et seq., requiring that covered
employees be paid at least the minisam prescribed wage, and also that they be paid one and
. one-half times 'their basic wage rates for all hours worked in excess of the prescribed
work-w~k.
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(f) It wilt comply with:
(I) Tide ~I of the Civil R.igh~ Act of 1964 (?.L. 88-3S2), ~d
p~s~t ~ereto; w~ch proddes ~t no pemon ~ ~e U~ted States s~.on the go~ds of
r~e, color, or ~fion~ o~g be excluded from p~cipafion ~ be de~ed ~e benefi~ of, or
. be o~eme subjected to ~sc~mina~on. ~der ~y prog or acti~ for wNch ~e
Subgt~ r~eives Fede~ ~ci~ ~sismce ~d g imme~ately ~e ~y me~es
necess~ m effe~te ~s ~mce. If ~y m~ prope~ or mc~e ~ereon is provital or
~pr0Ved ~ ~e ~d ofFed~ ~ci~ ~sgce e~ended to ~e Subg~tee, ~s ~s~ce
g oblige ~e Subgtee, or ~ ~e c~e of ~y ~fefof ~d prope~, ~y ~eree, for
· e 'p~od dgg w~ch ~e m~ pmp~ or mc~ is ~ed for a p~ose for wNch ~e
Fede~ ~d~ ~simce is ~ende~ or for' ~o~ p~ose ~Volmg ~e ~o~sion of
simil~ s~ces or benefim;
(2) ~y pro~i~on gain~ ~s~mqn~on on ~e b~ of age ~der ~e Age
D~cgfion A~ of 1975, ~ mended (42 U.S.C.: 6101-6107) gch pro~bi~
· sc~on on ~e b~s of age or ~ reject to o~eme qged ~capped
~vid~ ~ prodded ~ S~on 504 of~e Re~bi~on Act of 1973;
(3) ~ecu~ve Order 11246 ~ ~ended by Ex~u~ve Ord~ 11375 ~d 12086, ~d
rega~om ~sed pmgt ~e~to, wNch pro~de
on ~e b~ of race, color, reH~o~ sex or ~o~ odin ~ ~ p~es of emplo~ent dig
:. ~e peffom~ce offede~ or fede~y ~si~ cogcdon conncm; a~madve a~on to
~e fg ~egent ~ ~ploym~ up~aing, demodo~ or mf~ reagent or
reagent adv~g; Iayo~em~o~ ~ of pay or o~ fore of compe~afion; ~d
election for ~ining ~d ~pr~ce~p;
(g) ~e Subg~ goes to comply ~ ~e gedc~ ~ Disab~es Act eub~c Law
101-336, 42 U.S.C. S~fion 12101 et s~.), ~ere a~Hc~le, wNch proNbim ~cNmin~on by public
~d pHv~e ~fifies on ~e b~ of ~ab~ ~ ~e ~ of ~plo~en~ public accommod~o~,
mpogo~ State ~d loc~ gov~ment seNcos, ~d ~ ml~omm,mlca~oM;
~v~ ~e ~pegc= of berg mo~val~ ~ a d~e for pHvat~ g~ for ~emelves
or o~e~, pggly ~Ose ~ Whom ~ey Mve gy, b~ess, or o~ ties p~s~t to S~fion
112313 ~d S~fion 112.3 135, g
" (0 It ~ comply. ~ ~e ~d-~ckb~k ACt of 1986, 41 U.S.C.' Sec~on 51 w~ch ou~aws md
2L
pres~bes pestles for "~ckbacB" of ~es ~ fed~y fin~ced or :simd comc~on ~es;
6) It ~ comply ~ ~e pro~siom of 18 USC 594, 598, 600-605 (~er ho~ ~ ~e Hamh
A~) w~ liraira ~ po~c~ acd~es of ~ploy~s;
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(k) It will comply with the flood insurance purchase and 'other requirements of the Flood Disaster'
Protection Act of I973 as amended, 42 USC 4002-4107, including requirements .regarding the .
purchase of flood insiraace in communities where such insurance is available as a condition for the
receipt Of any Federal finmaciai assistance for construction or acquisition purposes for use in any area
having special flood hazards. Ttie phrase "Federal financial assistance" includes any form of loan,
grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grit, or any other form
of direct or indirect Federal assistance;
(I) It will-require every building or facility (other than a privately owned residential structure)
designed, co ,nsmacted, or altered with funds provided under this ATgreement to comply with the
"Uniform Federa/Accessability Shm.dards," (AS) which is Appendix A to 41 GFR, Section 101-1
for general type buildings and Appendix A'to 24 CFR Part 40 for residential slructures. Tl~e
Subgrantee will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor,
(m) It. will, in connection with its performa=ce of environmental.assessments trader the National
Enviromental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act
of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by:
(1) Comulting with the State Historic P~eservation Office to identify properties listed in or
eligible for inclusion in tlae 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 upon such properties.
(3) abiding by the terms and conditions of the "Programmarie A~oreement Among the
Federal Emergency Management Agency, the Florida State ltistode Preservation Office,
the Florida Depamt of Comrnanity Affairs and the Advisory Canneff on ltistorie
Preservation, (PA)" which addresses roles and responsibilities of Federal and State eaatities in
implementing Section 1.06 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f;
and ~mplementing regulations in 36 CFR par~ 800.
(4) When any of Recipiextt's projects funded under this Agreement may affect a historic
property, as' defined in 36 CFR 800.(2)(e), the Federal Emergency Management Agency
(FEMA) may require Recipient to review the eligible scope of work in consultation with the
State Historic Preservation Office (SHPO) and suggest methods of repair or construction that
will conform with 'the recommended approaches set out in the Secretary of I~terior's
Standm'iis for Rehabilitation and Guidelines for Rehabilitating lql.~toric Buil~,~ 1992
(Standards), the Secretary of the Interior~s Guidelines for Archeological Documentation
(Guide_t~nes) (48 Federal Register 44734-37), or any other applicable Secretary of interior
standards. If FEMA determines thaX the eligible scope of work will not conform with the
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Stiindards, Recipient agrees to participate in consultations to develop,. and, a~er execution by
all parties, to abide by, a written agreement that establishes mitigation and recordation.
measures, including'but not limited to, impacts to archeological sites, and the salvage, storage,
and rouse of aXiy significant architectural features that may otherwise be demolished.
(5) Recipient agees to notify FEIVLA and the Department ff 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 ~equest the SHPO's opinion on the
potential that archeological prop. erties may be present and be affected by such activities. The
SHPO will advise Recipient on any ~easible steps to be accomplished to avoid any National
Register eligible archeological property or will make recommendatibns 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 ofAmheological.Pmperties." Recipient shall
forward information regarding the treatment plan to FEMA, 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 SHP. O object, Recipient shall not proceed with the project until the objection is
resolved.
(6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any
changes in the approved scope of work for a National Register eligible or listed property; (b) of
all changes to a project that may result in a supplemental DSR or modify an .HMGP project for
a National Register eligible or listed property; (c) ff it appears that a project funded under this
Agreement will affect a previously unidentified property that my 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 consauction in the vicinity of the
' discovery of a previously ~midentLfied property that may be eligible for inclusion in the
Na_ti?nal Register or upon learning that constru. ction may affect a known historic property in an
unanticipated manner. Recipient further acknowI~dges that FEMA may require Recipient to
take all reasonable measures to avoid or ~e harm to such property until FEMA
concludes consultation with the SHPO. Recipient also acknowledges that FEtMA will require,
and Recipient shall comply with, modifications m the project scope of work necessary to
implement recommendations to address the project and the property.
(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not'
receive funding for projects when, with intent to avoid the requirements of the PA or the
NHPA, Recipient intentionally and significautiy adversely affects a historic property, or having
the legal_ power to prevent it, allowed such si=o~_ificant adverse affect to occur.
2
(n) It,ll comply wkh Tide IX ofd~e ~ducadon Aaendaae~ of ] ~72, ~ ~e~ded (20
1681-1683 ~d 1685 - 1686) w~ch pro~bim disc~adon on ~e b~is of sex;
(o) It ~I compi~'~ ~e Comprehe~ive ~cohol Able ~d ~coholim Prevendo~ Trea~ent
~d Re~b~imdon Act of 1970, (42 U~S.C. 452145-94) rela~g m nondisc~don on ~e b~is of
~cohot able or ~coho~m;
~) It ~ comply ~ 523 ~d 527 of~e Public He~ Se~ce Act of 1912 (42 U.S.C. 290 dd-3
~d 290 eel3), ~ ~ende~ rela~g to confidend~i~ of~cohol ~d ~g ~e pa~ent record;
(~ It ~ comply ~ Lea&B~ed Pint Poison ~even~on ~t (42 U.S.C.: 4821 et seq.) w~ch
prodbits ~e ~e oflead b~ed p~t ~ co~cdon ofre~b~itadon or ~sidend~ inches;
(r) It ~ comply ~ ~e En~ PoHq. ~d Co~e~adon Act ~Z. 9~163; 42 U.S.C.
6201 -~22), md ~c prodiota of~e rote Ener~ Come~adon PI~ adopted p~mt ~eto;
(s) It~ compty~eLabomto~~ We~Actof1966, 7U.S.C. 2131-2159,
p~ining. to ~e c~e, h~g, ~d ~e~cnt ofw~ blooded animus held for rese~c~ t~c~g, or
o~er ac5vides supposed by ~ awed of ~simce ~d~ ~s ~e~eng
(t) It ~1 comply ~ Tide ~ of~e Ci~ ~ts Act of 1968, 42 U.S.C. 2000c ~d 42
3601-3619, ~ areenid, rela~g to non~s~inadon ~ ~e s~e, ren~, or ~n~c~g ofhom~g, ~d
Ti~e ~ of~e Ci~ ~ Act of 19~ e.L. 88-352), w~ch pro~bi~ ~s~on on ~e b~s
race, color or ~on o~n;
': (u) It g comply ~ ~e Cle~ ~ Act of 1955, ~ g~de~ 42 U.S.C. 7401-7642;
(v) It g comply ~ ~e Cle~ W~er Act of 1977, ~ geade{ 42 U.S.C. 7419-7626;
(w) It g comply ~ ~e En~ger~ Species Act of 1973, I6 U.S.C. 153 1-I 5~;
(x) It g comply ~ ~e htergov~men~ Peno~el A~ of 1970, 42 U.S.C. 47284763;
(y) It ~. ~si~ ~e aw~g~ency ~ ~~ :compH~ce ~ ~e Nado~ ~o~c
Pres~a~on Act of 1966, ~ amende{ 16 U.S.C. 270;
(z) It ~ comply ~en~onmen~ ~~ w~c~ my be prescribed p~t to. ~e N~o~
En~onm~ Policy Act of 1969, 42 U.S.C. 432 1 4347;
:-- (~) It ~ ~si~.~e a~ding ~ency ~ ~mg compH~Ce ~ ~e Preston
~eolo~c~ ~d ~o~c~ Prese~on Act of 1966, 16 U.S.C. 469~ et seq; ·
~b) . It ~ comply ~ ~e Re~m~on Act of t973, S~on 504, 29 U.S.C. 794, reg~tg
noni~b~
'I6G 2
(c c) I~'will comply with the environmental standards which may be prescr/be d pursuant to t~' Safe
Drkddng Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protectdon of undergound water
sources; . -. .-
(dd) It will comply with the requirements of T~fles II and r/I of the Un/fonn Rclocatdon Assistance
and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, wh/ch provide for fair and
equaltable treatment of persons displaced or whose property is acquired as a rcsuit of Federal or
fedemily assisted programs;
(cc) It ~ comply with the Wild and Scenic R/vers Act of 1968, 16 U.S.C. 127I-1287, related to
protecting components or potential components of the national w~d and scenic r/vers system;
(ff) It will comply with the following Executive orders: EO 11514 CNEPA); [ O 11738 (violating
facilities); EO 1 t988 (Floodplain Management); EO 11990 (Weftands); afidEO 12898 '('F_avironmcntat
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 approvcd State program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. I451-1464; and
(ii) It will comply with the Fish and RFfld/ifc Coordination Act of 1958; 16 U.S.C. 661-666.
With respect to demolition activit/cs, it will:
i. Create and make available documentation sufficient to demonstrate that the Recipient and its
demolition contractor have su~cicnt manpower and. equipment to Comply v~th the obligations
as o~incd in th/s Agreement.
2. Return the property to its natural state as though no knprovcmcnts had ever bccn contained
there on,
3. Furnish documentation of all qualified personnel, liccnces and all equipment necessary to
inspEct.buildings locatea'in Recipient's jurLsdicU~n to detect the presence of asbestos and lead
in accordance with requirements of the U. S. Environmental Protection Agency the Florida
Department of Environmental Protection and the County Health Department
4. Provide documentation of the inspection results for each structure to indicate:
a. Safety H-~,~rds Present
b. Health Hazards Present
c. Hazardous lVfatcrials Present
16G 2
5. Provide supervision over contractors or employees employed by Recipient to remove
asbestos and lead from demolished or otherwise applicable structures. '..
6. Leave the demolished site clean, level and free of debris.
7. Notify the Department promptly of any unusual existing condition which hampers the
contractors work.
8. Obtain all required pen~dts.
9. Provide addresses and marked maps for each site where water wells or septic tanks are to
be closed along with the re,tuber ofwefts located on each site.
10. Comply with mandatory standards and policies relating to energy efficiency which are
comained in the StaTe energy co~ervation plan issued in compliance. with the Energy Policy
and Conservation Act ( Public Law 94 -163).
11. Comply with all applicable stan-dards, 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.I368),
Executiv~ Order 11 738, and the U.S. Environmental Protection Agency reg~.dadons (40 C.F.R.
Part 15). This clause shall be added to any subcontracts.
12. Provide documentation of public notices for demolition activities.