07/19/2001 Agreement
Cled( of De
Circul Co un
Danny L. Kolhage
Phone: 292-3550 Fax: 29&-3663
Memorandum
To:
Lynda Stuart, Offzce Manager
Tourist Development Council
Attn:
Maxine Pacini
From:
Date:
Isabel C. DeSantis,
Deputy Clerk ...sJ. C. &.
.
Friday, August 10,2001
At the BOCC meeting on July 19, 2001, the Board granted approval and
authorized execution of an Agreement for Executive Office Services between Monroe
County and 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys for
the provision of services of operating an executive office for tourism promotion
commencing October 1, 2001 through September 30, 2004, with an option to extend this
Contract for an additional (2) year period.
Attached hereto are two (2) duplicate originals ofthe subject document for your
handling. Should you have any questions concerning the above, please do not hesitate
to contact this office.
cc: Finance
County Attorney
/File
AGREEMENT FOR EXECUTIVE OFFICE SERVICES
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
THIS AGREEMENT, made this /911 day of .J J t- L( ,2001, by and between the
Board of County Commissioners of Monroe County, Florida (hereinafter referred to as County) and the
3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys (hereinafter referred to as Provider),
a corporation incorporated in the State of Florida.
WHEREAS, the County is authorized to contract for the provision of services of operating an
executive office for tourism promotion;
WHEREAS, Provider was created for the purpose of continuity in the provision of said services;
and
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WHEREAS, Provider has satisfactorily provided such services for nine years; and
WHEREAS, the Board of Directors of the Provider constitutes the Monroe County Tourist
Development Council (hereinafter referred to as TDC) members; and
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the
parties agree as follows:
1, Contract Period: This agreement is for the period commencing October 1, 2001 through
September 30, 2004, unless earlier terminated pursuant to paragraphs 9, 10 or 12 below,
County shall not be obligated to pay for any services by Provider after the effective date of
termination The County has an option to extend this contract for an additional (2) year
period beyond the initial award period, upon agreement of both parties,
2. Scope of Services: The Provider shall provide the work plan and services described in detail
in Exhibit A, attached hereto and incorporated herein by reference, The Provider shall
provide competent personnel necessary to perform this agreement and shall be wholly
responsible for the successful completion of services required under this agreement.
3, Payment:
A) County shall pay from tourist development tax funds, an amount not to exceed
eight hundred and fifty-four thousand dollars ($854,000) for the contract year ending
September 30, 2002. For each of the remaining years, under the agreement, County
shall pay from tourist development tax funds such amounts as are established within the
TDC budget approved by the County prior to each fiscal year. The budget for period
ending September 30,2002 is attached hereto as Exhibit B and incorporated herein.
B) Payment shall be made as follows:
i) Provider shall submit monthly, to the County's finance office, an estimate
of payroll costs, including salaries and related fringe benefits, necessary
to be paid during the following month. The submitted documentation
shall include an accounting for the monies advanced previously for the
payroll costs. Payment for the following month's payroll cost will be
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Corporation agreement
1
remitted to Provider in advance for the corporate employee pay dates
provided the request for advance with necessary documentation has
been submitted to County's finance department in a timely manner prior
to said pay date,
ii) Provider shall be reimbursed for all reasonable & permissible corporate
expenditures reimbursable under County's guidelines and policies as
applied to the 3406 North Roosevelt Boulevard Corporation. Provider
may submit bills for reimbursable expenditures to the County's finance
office to be paid directly from County to any payee entitled to said
reimbursement.
4, Records - Access and Audits: The Provider shall maintain adequate and complete
records to justify all charges, expenses and costs incurred in performing the work for at least
three (3) years after completion of this agreement. The County shall have access to such books,
records, and documents concerning the contracted services. The access to and inspection of
such books, records, and documents by the TOC or County shall occur any reasonable time,
Provider understands that it shall be responsible for any and all audit exceptions identified by
TOC or County, Any current or subsequent contract awards will be offset by the amount of any
audit exceptions,
5, Personnel/Principals:
A) The Provider acknowledges that a major reason for its selection by the County to
perform the services described in this agreement is the qualification and
experience of the principal personnel that Provider has represented will be
responsible therefor. The Provider therefore agrees that the directors and
officers shall be primarily responsible for the performance of this agreement.
B) The Provider may employ such personnel as are necessary to provide the
services, including that of Film Industry Liaison, subject to availability of funding
by County, The Provider may establish employee contracts for principal
personnel. Provider agrees to provide documentation or evidence of the actual
amounts of time expended by said personnel upon request from County.
C) Should any material change in the directors C!nd officers of the Provider occur
during the term of this agreement, the County may require for the Provider, as
newly constituted, to provide such documentation of ability of new principals to
continue to perform this agreement. Such assurances of ability to perform shall
include, but not be limited to histories of related experience of directors and
officers,
Corporation agreement
2
6, Offices: County shall provide such premises, equipment and supplies as are
required for the day to day operation of the executive office pursuant to County policy and
guidelines As of the commencement of this agreement, said premises, equipment, and existing
supplies are located at 1201 White Street, Suite 102, Key West, Florida, All additional
procurement for use by the executive office shall comply with all statutes, ordinances, rules and
regulations governing such procurement by the County.
7, Independent Contractor Relationship: The Provider, is and shall be, in the performance
of all works, services, and activities under this agreement, an independent contractor and not an
employee, agent or servant of the County, The Provider shall exercise control, direction, and
supervision over the means and manner and personnel in which it and its employees perform the
work, In all respects, the Provider's relationship and the relationship of its employees to the
County shall be that of an independent contractor and not as employees or agents of the County,
Moreover, the Provider shall have no authority whatsoever to act on behalf and/or as agent for
the County in any promise, agreement, or representation other than specifically provider for in this
agreement. The County shall at no time be legally responsible for any negligence on the part of
said provider, its employees or agents, resulting in either bodily or personal injury or property
damage to any individual, firm or corporation.
8, Modification: Additions to, modification to, or deletions from the Scope of Work and/or
costs of work set forth in this agreement may be made only by amendment to this agreement
which must be approved in writing by the County. No modification shall become effective without
written approval of County,
9, Breach and Penalties: The parties agree to full performance of the covenants contained
in this agreement, and the County reserves the right at its discretion to terminate the services in
this agreement for misfeasance, malfeasance, or nonperformance of the agreement terms of
negligent performance of the agreement terms by Provider. Any waiver of any breach of
covenants herein contained shall not be deemed to be a continuing waiver and shall not operate
to bar the County from declaring a forfeiture for any succeeding breach either of the same
conditions or covenants or otherwise,
10, Termination: Termination of this agreement shall occur at the natural ending date, or
earlier should County determine that there has occurred any material breach of any covenants
herein contained, a change in organization of either Provider of TOC occurs or the source of
funds be exhausted, eliminated or otherwise cease, or the County otherwise deems it is in the
best I nterest of the County to terminate. Termination may be with or without cause.
Corporation agreement
3
A) In the event that funds are partially reduced, the parties hereto shall
negotiate the terms of this agreement. If no agreement can be reached
within sixty (60) days of notice of reduction of funds, this agreement may
be terminated at the County's option upon written notification to the
Provider.
B) In the event County terminates for breach of contract, termination shall
be effective immediately or at such time as County shall declare in its act
to terminate for cause,
C) In the event County terminates without cause, the termination shall not
take effect until at least one hundred and twenty (120) days subsequent
to written notice to Provider.
County shall not be obligated to pay for any services or expenses incurred after the effective date
of termination except for those expenses incurred to terminate the corporate existence and to file
returns and reports required by governmental agencies.
11, Indemnification and Hold Harmless: This Provider will be required to indemnify and
hold harmless the County and provide insurance as per Exhibit C.
12, Permits: The Provider shall secure all required permits, and/or licenses necessary
for this agreement, subject to reimbursement or direct pay provisions of paragraph 3.
13, Laws and Requlations:
A) This agreement shall be construed by and governed under the laws of the state
of Florida unless in an area of law pre-empted by federal law. Provider agrees
that the venue of any dispute to lie in Monroe County, Florida.
B) Provider shall comply with all laws including but not limited to those listed in
Exhibit O.
C) The Provider shall comply with all federal, state and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on
the grounds of race, color, religion, sex, age or national origin in the performance
of work under this agreement.
0) Any violation of said statutes, ordinances, rules, regulations and executive orders
shall constitute a material breach of this agreement and shall entitle the County
to terminate this agreement immediately upon delivery of written notice to the
Provider,
14, Taxes The County is exempt from federal, excise and state of Florida sales tax,
15, Finance Charqes: The County will not be responsible for any finance charges.
Corporation agreement
4
16, Severability: If any provision of this agreement shall be held in a court of competent
jurisdiction to be invalid or unenforceable, the remainder of this agreement, of the application of
such provision other than those as to which it is invalid or unenforceable, shall be affected
thereby; and each provision of this agreement shall be valid and enforceable to the fullest extent
permitted by law,
17, Force Maleure: The Provider shall not be liable for delay in performance or failure to
perform in whole or in part, the services due to the occurrence of any contingency beyond its
control or the control of any of its sub-providers or suppliers, including labor dispute, strike, labor
shortage war or act of war whether an actual declaration thereof if made nor not, insurrection,
sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, accident,
fire, explosion, storm, flood, drought, or other act of God, act of any governmental authority,
jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or technical
failure where the Provider has exercised reasonable care in the prevention thereof, and any such
delay or failure shall not constitute a breach of this agreement. The Provider shall notify the
County of any delay or failure to perform within five (5) days of such action. Upon demand of
County, the Provider must furnish evidence of the causes of such delay or failure,
18, Assiqnment: Provider shall not assign, transfer, sublease, pledge, hypothecate,
surrender-, or otherwise encumber or dispose of this agreement or any estate created by this
agreement or any interest in any portion of same, or permit any other person or persons,
company or corporation to perform services under this agreement without first obtaining the
written consent of the County. In the event of such consent, this agreement shall be binding upon
the Provider's successors or assigns.
19, Disclosure: The Provider shall be required to list any or all potential conflicts of
interest, as defined by Florida Statute 112 and Monroe County Ethics Ordinance, The Provider
shall disclose to the County all actual or proposed conflicts of interest, financial or otherwise,
direct or Indirect. involving any client's interest which may conflict with the interest of the TDC or
County
20, Additional Conditions: The Provider agrees to accept additional conditions governing
the use of funds or performance of work as may be required by federal, state or local statute,
ordinance or regulation or by other policy adopted by County. Such additional conditions shall
not become effective until Provider has been notified in writing and no such additional conditions
shall be imposed retroactively,
21 Independent Professional Judqement: Provider shall at all times exercise independent
professional judgement and shall assume full responsibility for the service to be provided and
work to be completed,
Corporation agreement
5
22. Care of Property: The Provider shall be responsible to the TDC and County for the
safekeeping and proper use of the property entrusted to Provider's care, and to process all
documents necessary to continue, without interruptions, any maintenance or service contracts
relating to such equipment for its service life.
23, Ethics Clause: The Provider warrants that it has not employed, retained or otherwise
had act on its behalf any former county officer or employee subject to the prohibition of Section 2
of Ordinance No. 010-1990 or any TDC or County officer or employee in violation of Section 3 of
Ordinance 010-1990. For breach or violation of this provision the County may, in its discretion,
terminate this agreement without liability and may also, in its discretion, deduct from the contract
or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift
or consideration paid to the former TDC or County officer or employee.
24, Notice: Any notice required or permitted under this agreement shall be in writing and
hand-delivered or mailed, postage prepaid by certified mail, return receipt required, to the other
party as follows:
To Provider:
3406 North Roosevelt Boulevard Corporation
1201 White St., Suite 102
Key West, Florida 33040
To TDC or County:
County Attorney
P. O. Box 1026
520 Whitehead St., 3rd Floor
Key West, Florida 33040
25, Time: Time shall be of the essence as to this agreement.
26. Full Aqreement: This agreement constitutes the entire and full understanding
between the parties hereto and neither party shall be bound by any representations, statements,
promises or agreements not expressly set for herein and in duly executed amendment under paragraph 8
hereof,
written.
by:
(SEAL) DANNY L. KOLHAOB, Ol.r~o roe County Board of County Commission
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Corporation agreement
6
EXHIBIT A
SCOPE OF SERVICES
1. Administration, maintenance and supervision of full-time office located in Key
West, Florida, and used exclusively for activities of the Monroe County Tourist
Development Council, an advisory board to the County. Regular hours of
business shall be from 9:00 a.m. to 5:00 p.m., Monday through Friday, excluding
holidays observed by County. Provider shall provide a full staff for executive
services of TDC business and shall keep the executive office open to the public
and County during said hours.
2. Carry out the policies, procedures and programs established by the TDC under
the guidance of the governing board of the County.
3. Promote Monroe County tourism in domestic and international markets within all
marketing efforts of authorized uses of revenue pursuant to Florida Statutes and
Monroe County ordinances.
4. Supervise all marketing including advertising, public relations, sales, website
promotions and market research responsibilities for the TDC.
5. Develop and implement annual marketing plan.
6. Develop, present and implement annual TDC budget in accordance with Florida
Statutes and Monroe County ordinances.
7. Prepare and maintain TDC documents, records and reports required by TDC
and/or County.
8. Maintain the existing policy and procedure service manual, update as required by
TDC and County directives, and adhere to the provision of said manual.
Corporation agreement
7
9. The placement of public notices required for all meetings of the Tourist
Development Council, District Advisory Committees and all other committees of
both; preparing and delivering to designated recipients agenda packets for said
meetings; attending, recording, and transcribing minutes of all such public
meetings.
10. Develop and coordinate with any sub-contractors or agencies of record as it
relates to agreements for the TDC and/or County.
11. Develop and coordinate appropriate request for proposals/bids and agreements
on event funding and capital projects funding on behalf of the TDC and County.
12. Assist coordination and communication between and among the District Advisory
Committees
13. Provide to TDC and County all financial information available regarding requests
for advertising, marketing, public relations and event expenditures.
14. Coordinate public notice of District Advisory Committee member vacancies,
receipt of applications, distribution to nomination committee and subsequent
approval by the TDC or County as applicable.
15. Maintain all appropriate insurances required by County and maintenance of
corporation fees and tax returns.
16. Produce an annual report for the TDC and the County.
Corporation agreement
8
EXHIBIT B
ADMINISTRATIVE BUDGET
Salaries & related costs
Insurance & related corporate costs*
$709,000
$145.000
$854,000
*
accounting fees
legal fees
annual corporate fees
bank charges
medical/dental insurance
worker's compensation
general liability & content insurance
directors & officers insurance
professional liability insurance
auto insurance
office supplies & equipment not covered under purchase orders
travel expenses: airfare, miscellaneous advance travel costs
familiarization (FAM) related costs not covered under purchase orders
sales missions and promotion costs not covered under purchase orders
educational classes/seminars/workshops to develop & advance work
related skills
training and educational aids
cash on delivery (COD) items/postage due
sales related purchases i.e. books, mementos, bags, etc.
Corporation agreement
9
1111 l'rillcin~
EXHIBIT C
MONROE COUNlY., FLORIDA
INSURANCE GUIDE
TO
CONTRACT ADMINISTRATION
General Insurance Requirements
for
Suppliers of Goods or Services
As a pre-requisite of the work governed, or the goods supplied under this contract (including the
pre-staging of personnel and material), the Vendor shall obtain, at his/her own expense, insurance
as- specified in any attached schedules, which are made part of this contract. The Vendor will
ensure that the insurance obtained will extend protection to all Subcontractors engaged by the
Vendor. As an alternative, the Vendor may require all Subcontractors to obtain insurance
consistent with the attached schedules.
The Vendor will not be permitted to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
, furnished to the County as specified below. Delays in the commencement of work, resulting from
the failure of the Vendor to provide satisfactory evidence of the required insurance, shall not
extend deadlines specified in this contract and any penalties and failure to perfonn assessments
shall be imposed as if the work commenced on the specified date and time, except for the
Vendor's failure to provide satisfactory evidence.
The Vendor shall maintain the required insurance throughout the entire tenn of this contract and
any extensions specified in the attached schedules. Failure to comply with this provision may
result in the immediate suspension of all work until the required insurance has been reinstated or
replaced. Delays in the completion of work resulting from the failure ofthe Vendor to maintain
the required insurance shall not extend deadlines specified in this contract and any penalties and
failure to perform assessments shall be imposed as if the work had not been suspended, e.'tcept for
the Vendor's failure to maintain the required insurance.
The Vendor shall provide, to the County, as satisfactory evidence orthe required insurance,
either:
· Certificate of Insurance
or
· A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy orany or all insurance
policies required by this contract.
All insurance policies must specifY that they are not subject to cancellation, non-renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given
to the County by the insurer.
The acceptance and/or approvaJ of.the Vendor's insurance shall not be construed as relieving the
Vendor from any liability or obligation assumed under this contract or imposed by law.
AdmiDistrative Jl1SCJUcCion
114109.\
10
^pnl zz. IT}.I
11Il1'rinlinc
The Monroe County Board of County Commissioners, its employees and officials will be included
as" Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared fonn entitled "Request for Waiver of Insurance Requirements" and approved
by Monroe County Risk Management.
11
^dminimralive Jn5tnk.1ion
//4709,1
April 22. II}<)]
11I1'rinlin~
MONROE COUNTY, FLORIDA
INSURANCE GUIDE
TO
CONTRACT ADMINISTRATION
Indemnification and lIold Hannless
ror
Suppliers ~r Goods and Services
The Vendor covenants and agrees to indemnify and hold hannless Monroe County Board of
County Commissioners from any.$lnd aU claims (hr bodily injury (including death), personal injury.
and property damage (including property owned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out of. in connection with. or by
reason of services provided by the Vendor or any of its Subcontractor(s) in any tier. occasioned
by the negligence, errors, or other wrongful act or omission of The Vendor or its Subcontractors
in any tier, their employees, or agents.
. In the event the completion orthe project (to include the work of others) is delayed or suspended
as a result of the Vendor's failure to purchase or maintain the required insurance, the Vendor shall
indemnify the County from any and all increased expenses resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
.... ."
Administrative Jn5Uuction
1i4709.1
12
April 22. 1993
IJlI'rinting
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRAcr
BETWEEN
MONROE COUNTY. FLORII)A
AND
Prior to the commencemcnt of work governed by this contract, thc Contractor shall obtain
Gcneral Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person':
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Fonn policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage forclnims filcd on or after thc effective date of this contract.
In addition, the period for which claims may be reponed should extend for a minimum of twclve
(12) months following the acceptancc of work by the County.
The Monroe County Board of County Commissioners shall be named a.~ Additional Insured on all
policies issued to satisfY the above requirements.
13
Administl'1llivc In:.truction
114709.1
April 22. 1993
III l'rinti!1g
BElWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle L.iability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Owned, and I fired Vehicles
, The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additionallnsurcd on all
policies issued to satisfY the above requirements.
lL!
^dministnativc InstnJction
114709.1
Apri/22. /9'JJ
/lIIl'1ining
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sumcicnt to respond to Florida Statute 440.
In addition, the Contractor shall obtain EmployeB Liability Insurance with limits of not less than:
SIOO,OOO Bodily Injury by Accident
S500,OOO Bodily Injury by Disease, policy limits
S100,OOO Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida and the company or companies must maintain a minimum rating of A-VI, as
assigned by the A.M. Best Company.
Irthe Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractors status: TIle Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
Ifthe Contractor participates in a self-insurance fund. a Certificate ofJnsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
~pon request from the County.
'- ")
Administralive InsUuction
114709.1
EXHIBIT D
Provider shall comr1Y with alllsws, JncludJng but not Umjted to:
(1) The Nations Environmental Policy Act or 1969 (42 U.S.C. s.
4321 et seq.) and 24 C.F.R. Part 59:
(2) Executive Order 11988, Ploodplain Management;
(3) Executive Order 11990. Protection at Wetlands;
(4) The Endangered Species Act of 1973. as amended (16 U.S.C. s.
1531 et seq.):
(5) The Fish ana Wildlife Coordination Act at 1968, as amended. (16
U.S.C. s 661 et seq.);
(6) The Wad and ScenIc Rivers Act of 1968, a8 amended. (16 U. S.
C. s 1271 et seq.); ,
(7) The Sate Drinking Water Act of 1974. as amended (42 U. S. C. s
300r et seq.); .
(8) Section 401 (0 of the Lead-Based Pldnt Poisoning Prevention
Act, aa amended (42 U.S.C. s 4831 (b) et seq.);
(9) The Clean AIr Act of 1970. a8 amended (42 U.S.C. I. 7401 et
seq.);
(10) The Federal Water Polutton. Control Act of 1072, as amended
(33 U.S.C. . 1251 et aeq.);
( 11) "n\e Clean Water Act of 1917 (Public Law 95..217);
(12) The Solid Waste Dlspoaal Act, u amended, by the ReIllOUrce
Conservation and Reeovesy Act of 1975 (42 U.S.C. So 6901 et
leq.); .
(1S) Nolae '.. Abatement and Control: De~ental Polley
l~lementation Responsibilities, and Standilrds, 24 C.F.R. Part
5~ Subpart B; ,
(14) Flood Dl88ster Protection Act ot 1973. P.L. 93.234:
( 15) Protection or HIstoric and Cultural Properties under HUD
Programs, 24 C.F.R. Part 59;
(16) Coastal Zone Mana;!ement Act of 1972. P.L 92-583;
(17) Executive Order 11593, "Protection and Enhancement of The
Cultural &nvironmenr';
,( 18) Architectural and ConstNetton Standards;
(19) Architectural Barriers Act of 1968. 42 U.S.C. 4151;
(20) Executive' Order 11298. relatmg to evaluation of flood m.mrdl;
(21) Executive Order 11288. relating to the prevention. control and
abatement of water poDutfan;
(22) Cost-Effective Energy Conservation Standards, 24 C.F.R. Part 39;
(23) Section 8 Existing Housing Quality Standards. 24 C.F.R. Part
882;
(24) Section 319 of Public Law 101.121. as provided in the
MGovemment wide Guidance Cor New Restrictions on Lobbying;
Interim Final Guidance" published in the December 20, 1989
Federal Reghrter, which prohibits recipients of federal contracts
or grants IhJm using appropriated 1\mds for lobbying In
connection with a grant or contract. and requJres that each
which requests or receives a federal contract or grant, and their
sub-recipients, disclose lobbying undertaken with non..~deral
funds (See attachment D); and
(25) Executive Order No. 11246 of September.
11=;