Fort Walton Beach Resolution — US EPA - Brownfield - 25 Miracle Strip Parkway — reading text

assignment, subcontracting, conveyance or transfer will release or discharge the assignor or transferor from any duty or responsibility under this Agreement. The Grantor may assign its rights and obligations under this Agreement, in whole or in part, without the consent of Subgrantee. The Subgrantee shall not, during the term of this Agreement, sell, transfer, convey or dispose of all or any portion of the Property or any interest therein. 34. The Subgrantee agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The Subgrantee shall promptly submit to the Grantor and the Federal Government the required certification and disclosure forms required by Title 40 CFR Part 34. The Subgrantee shall include the language of this provision in all subcontracts exceeding $100,000.00, if any, and shall require in such subcontracts that the subcontractor submit to Grantor and the Federal Government the required certification and disclosure forms required by Title 40 CFR Part 34. In accordance with the Byrd Anti Lobbying Amendment any recipient of grant funds who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. The Subgrantee agrees that no funds received by the Subgrantee under this Agreement shall be used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. Subgrantee shall abide by its respective OMB Circular (A-21, A-87, or A-122) which prohibits the use of federal grant funds for litigation against the United States or for lobbying or other political activities. 35. In accordance with EPA Order 1000.25, Executive Order 13423 and 40 CFR 30.16 the Subgrantee agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this Agreement or in connection herewith and are delivered to Grantor or EPA. This requirement does not apply to reports prepared on forms supplied by EPA or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. The Subgrantee shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (“RCRA”) (42 U.S. C. 6962) and regulations promulgated in regard thereto. The regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where Page 13 of 19 Subgrantee acknowledges that failing to disclose the information required in 2 CFR 180.335 may result in delay or negation of this Agreement and pursuance of legal remedies, including suspension and debarment. Subgrantee may access the Excluded Parties List System at www.epls.gov. This term and condition supersedes EPA Form 5700-49, “Certification Regarding Debarment, Suspension and Other Responsibility Matters”. 39. Pursuant to 40 CFR 30.18 and if applicable, 15 USC 2225a, the Subgrantee agrees to ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in part with federal funds under this Agreement complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (P.L. 101-391, as amended). Subgrantee may search the Hotel-Motel National Master List as http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance (FEMA ID is currently not required), or to find other information about the Act. 42. In addition to other access to records provisions in this Agreement, Subgrantee agrees to allow any appropriate representative of the Office of Inspector General of EPA or of the United States to: (1) examine any records of Subgrantee, any of its procurement contractors and subcontractors or any local agency administering such contract, that pertain to, and involve transactions relating to, the procurement contract, subcontract, or this Agreement; and (2) to interview any officer or employee of the Subgrantee, its agencies, its contractors or subcontractors regarding such transactions. The Subgrantee is advised that providing false, fictitious or misleading information with respect to the receipt and disbursement of the Subgrant Funds may result in criminal, civil or administrative fines and/or penalties. Subgrantee should be aware that the findings of any review, along with any audits, conducted by an inspector general of a Federal department or executive Agency and concerning the Subgrant Funds shall be posted on the inspector general’s website except that information that is protected from disclosure under sections 552 and 552a of Title 5, United States Code may be redacted from the posted version. 43. The Subgrantee agrees with and shall comply with the provisions of paragraph 11 “Single Audit Act” of the Administrative Conditions attached to the EPA Grant Agreement. 44. The Subgrantee agrees with and shall comply with the provisions of paragraph 13 “Subaward Reporting and Compensation” and paragraph 19 “Procurement” contained in the Administrative Conditions attached to the EPA Grant Agreement. 45. In regard to paragraph 20 of the Administrative Conditions attached to the EPA Grant Agreement entitled “Payment to Consultants” Subgrantee is advised that EPA participation (and therefore Grantor's participation and payments) in the salary rate (excluding overhead) paid to individual consultants retained by Subgrantee or Subgrantee’s contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. As of January 1, 2009, the limit is $587.20 per day and $73.40 per hour. This rate does not include transportation and subsistence costs for travel performed (the Subgrantee will pay these in accordance with its normal reimbursement practices subject to any limitation under applicable EPA requirements). 46. Under the EPA Grant Agreement the Grantor is required to provide various information and reports to EPA on many different subjects and at many different times. It shall be Subgrantee’s Page 15 of 19 WITH COPY TO: Environmental Protection Agency Attn: Margaret Olson, Environmental Engineer 61 Forsyth Street Atlanta, GA. 30303-8960 TO THE SUBGRANTEE: City of Fort Walton Beach Attn: Estelle Jones, City Planner 107 Miracle Strip Parkway Fort Walton Beach, FL. 32548 or to such other person and address as a party may subsequently specify in writing to the other party, however, no such change shall be effective unless actually received by the other party. 52. The Grantor is a political subdivision as defined in Chapter 768.28, Florida Statutes and nothing herein shall serve as a waiver of sovereign immunity by Grantor. 53. Subgrantee is required to be familiar with and shall comply with all Federal, State and local laws, ordinances, rules, and regulations that in any manner affect the Remediation Work or performance by Subgrantee of its obligations under this Agreement. 54. Subgrantee is hereby notified that compliance with Chapter 119, Florida Statutes popularly known as the “Public Records Act.” is required as it applies to Remediation Work and the terms and conditions of this Agreement. Subgrantee shall allow public access to all documents, records, papers, letters, information, or other materials, subject to the applicable provisions of Chapter 119, Fla. Stat., made or received by Subgrantee in conjunction with this Agreement. Failure by Subgrantee to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by Grantor. 55. This Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. 56. In addition to and not in limitation of any other provision of this Agreement it is agreed that in the event of any litigation between Grantor and Grantee (whether involving other parties or not) in regard to any Events of Default or regarding the interpretation, application or enforcement of this Agreement it is expressly agreed that the Grantor shall be entitled to recover from Subgrantee all of Grantor’s attorneys fees, paralegal fees, expert witness fees, other professional fees, charges, and costs (including but not be limited to such fees, charges and costs incurred prior to the institution of litigation and in litigation to include trial and appellate proceedings, and post judgment proceedings and in arbitration, bankruptcy, and other administrative and judicial proceedings and whether suit be brought or not). 57. The Subgrantee is and shall be in the performance of all work, services, and activities under this agreement be an independent contractor, and not an employee, agent, or servant of Grantor. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times and in all places be deemed to be independent contractors and not employees, agents or servants of Grantor. The Subgrantee shall direct, supervise and control, to the extent deemed necessary by Subgrantee, all independent contractors. Page 17 of 19 Grantor and Grantee expressly waive all rights to trial by jury regarding any claim or dispute relating to this Agreement. This Agreement may be modified only by an instrument in writing signed by the party to be charged with the modification. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by party to be charged therewith and shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future waiver. Any reference in this Agreement to a statute or regulation shall be construed as referring to that statute or regulation as amended from time to time. As used in this Agreement, the term "including" means “including, but not limited to." Nothing contained in this Agreement shall be deemed to make the parties partners or engaged in a joint venture with one another. All of parties to this Agreement shall be considered collectively to be the drafting party and any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall be inapplicable. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, together, shall constitute one agreement, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. An executed facsimile or electronic copy of this Agreement shall be considered for all purposes an original. IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed in their name and on their behalf by their respective officers or appropriate legal representatives, as the case may be, hereunto duly authorized. WITNESSES: bert Mearns-City Manager Print Name: LiGvraine Van Eten, Sign Name: _¢ Yoana ( = Soria ATTEST Print tena} 7. ae Helen Spencer - CityClerk WITNESSES: GRANTOR: WEST FLORIDA REGIONAL PLANNING COUNCIL Sign Name: g Print Name: feu Reterson Sign Name: U Print Name: Page 19 of 19 Regular Mseting Minutes October 25, 2011 Ts A?PROVAL OF AGENDA 1. Approval of Agenda The vote on the motion to approve the agenda as presented carried unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Dennis Reeves, Council Seat 3 SECONDER: Dick Rynearson, Council Seat 7 AYES: § Griggs, gossom, Reeves, Goodwin, Nabors, Rynearson ABSENT: Bull Rigdon & CONSENT AGENDA ‘The vote on the motion to approve the Consent Agenda carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Dick Rynearson, Council Seat 7 SECONDER: Bobby Nabors, Council Seat 5 AYES: Griggs, gossom, Reeves, Goodwin, Nabors, Rynearson ABSENT: Bull Rigdon 1.