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05/22/1996 Agreement }Dannp 1... Itolbagt BRANCH OFFICE 3117 OVERSEAS InGHWA Y MARATIlON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 M~MQBANQ!!M BRANCH OFFICE 88820 OVERSEAS InGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 TO: Ginger Sager, Administrative Assistant FROM: qsabel C. DeSantis, Deputy Clerk ~.C.e. June 6, 1996 DATE: As you know, at the Board of County Commissioner's meeting of May 22, 1996, the B9ard granted approval and authorized execution of an Agreement between Monroe County and 3406 North Roosevelt Blvd., Corp., jtl~ continue performing executive services on behalf of the Monroe County Tourist Development Council. Enclosed please find two duplicate originals of the Agreement for your departmental files. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance County Administrator, wlo doc. File FILED FOE RECORD AGREEMENT FOR EXECUTIVE ~~R~~W~g Pl2 :51 THIS AGREEMENT, made this 2-2, Iyj) day of /Vl A Y , 1996, by and between the , Board of County Commissioners of Monroe County, Florida (he'reinafter referred to as County) and 3406 North Roosevelt Boulevard Corporation (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; and WHEREAS, Provider was created for the purpose of continuity in the provision of said services; and WHEREAS, Provider has satisfactorily provided such services for four 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 an 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, 1996 through September 30, 1999, unless earlier terminated pursuant to paragraphs 9, 12 or 25 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 two (2) year period beyond the initial award period, upon sixty (60) days prior written notice of agreement extension to Provider. 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 six hundred and thirty-five thousand dollars ($635,000) for the contract year ending September 30, 1997. For each of the remaining years, under this agreement, County shall pay from tourist development 1 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, 1997 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. Any monies previously advanced and not expended at the time of the submission of this documentation shall be deducted from the total estimate of costs for the following month in determining the amount to be advanced. Payment for the following month's payroll cost will be remitted to Provider in advance of 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 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 County's finance office to be paid directly from County to any payee entitled to said reimbursement. c) Subject to the appropriation of funds, the County shall make payment under this Agreement upon presentation to the Tourist Development Council, at 3406 North Roosevelt Boulevard, Suite 201, Key West, Florida of an invoice, or requisition for payment, by the Provider. The request for payment shall indicate the time periods for which payment is requested and shall be accompanied by documentation certifying that services for which the payment is requested have been rendered. (See paragraph below regarding records and accounts). 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 TDC or county shall occur any reasonable time. Provider understands that it shall be responsible for repayment of any and all audit exceptions identified by 2 TOC or County. Any current or subsequent contract awards will be offset by the amount of any audit exceptions. In the event there are not funds still held by TOC or County for a contract award, the amount of audit exception shall be billed to Provider who shall promptly pay same. 5. Personnel/Principals: a) The Provider acknowledges that a major reason or its selection by the County to perform the services described in this Agreement is the qualification and experience of the principal personnel and executive directors which 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, subject to availability of funding by County. 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 directorship and 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 contract. Such assurances of ability to perform shall include, but not be limited to histories of related experience of directors and officers. 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 contract, said premises, equipment, and existing supplies are located at 3406 North Roosevelt Boulevard, Suite 201. 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 an 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 3 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 provided for in this Agreement. The County shall at no time be legally responsible for any negligence on the part of said contractor, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, form, or corporation. 8. Modification: Additions to, modification to, or deletions from the Scope of Work and/or costs of work set forth in this contract 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 contract, and the County reserves the right at its discretion to terminate the services in this contract for any misfeasance, malfeasance, or nonperformance of the contract terms of negligent performance of the contract 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. Indemnification and Hold Harmless: The Provider will be required indemnify and hold harmless the County and provide insurance as per Exhibit C. 11 : Permits: The Provider shall secure all required permits, and/or licenses necessary for this project, subject to reimbursement or direct pay provisions of paragraph 3. 12: Laws and Regulations: (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 for 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 D. (c) The Provider shall comply with all federal, state and local laws an ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds or race, color, religion, sex, age or national origin in the performance of work under this Agreement. 4 (d) Any violation of said statutes, ordinances, rules, regulations an 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. 13. Taxes: The County is exempt from Federal, Excise an State of Florida Sales Tax. 14. Finance Charges: The County will not be responsible for any finance charges. 15. Severability: If any provision of this contract shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this contract, of the application of such provision other than those as to which it is invalid or unenforceable, shall not be affected thereby; and each provision of this contract shall be valid and enforceable to the fullest extend permitted by law. 16. Liquidated Damages: Any delay in performance or failure to perform not excused under the next paragraph, No. 17, shall result in County deducting $50.00 per day of delay or of non- performance from monthly payment. 17. Force Majeure: 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 or 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 the 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. Assignment: Provider shall not assign, transfer, sublease, pledge, hypothecate, surrender, or otherwise encumber or dispose of this contract or any estate created by this contract or any interest in any portion of same, or permit any other person or persons, company of corporation to perform services under this contract 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 an assigns. 5 19. ~isclosure: The provider shall be required to list any or all potential conflicts of interest, as defined by Florida Statute 112 an 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 TOC or County. 20. Additional Conditions: 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 Judgment: Provider shall at all times exercise independent professional judgment and shall assume full responsibility for the service to be provided and worJ< to be completed. 22. Care of Property: The provider shall be responsible to the TOC 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 it behalf any former county officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any TOC or County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract 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 TOC or County officer or employee. 24. Notice: Any notice require or permitted under this Agreement shall be in writing and hand-delivered or mailed, postage prepaid by certified mail, return receipt requested, to the other party as follows: To Provider: 3406 North Roosevelt Boulevard Corporation Lynda M. Stuart, Office Manger 3406 N. Roosevelt Blvd., Suite 201 Key West, Florida 33040 To TOC or County: County Attorney 310 Fleming Street Room 29 Key West, Florida 33040 6 25. 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 or TDC occurs or the source of funds be exhausted, eliminated or otherwise ceased, or the County otherwise deems it in the best interest of the County to terminate. Termination may be with or without cause. (a) In the event that funds are partially reduced, the parties hereto shall renegotiate the terms of this agreement. If no agreement can be reached within 60 days of notice of reduction of funds, the 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 sixty days (60) subsequent to written notice to Provider. (d) County shall not be obligated to pay for any service for work provided after the effective date of termination. 26. Time: Time shall be of the essence as to this Agreement. 27. Full Agreement: 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 forth herein and in duly executed amendment under paragraph 8 hereof. F, the parties have executed this agreement the day and year first ~ I( .~, By (SEAL) Attest: ~C. ~jl~ .. Clerk Approved as to form and legal sufficiency: Date: Monroe County Board of County Commissioner cS 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 during Regular Hours of Business and shall keep the executive office open to the public and County during said hours. 2. Placing 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, recc;>rding, and transcribing minutes of all such public meetings. 3. Represent TDC in tourist development matters in accordance with TDC policy and directives, as approved by County. 4. Coordinate advertising, public relations, telemarketing and market research agency functions. 5. Disseminate TDC information upon receipt of written requests for such information and subject to laws governing public records and disclosure. 6. Prepare and maintain TDC documents, records and reports required by TDC or County. 7. Maintain the existing policy and procedure service manual, update as required by TDC and County directives, and adhere to the provisions of said manual. 8. Prepare annual TDC budgets in accordance with all state and local statutes, ordinances, rules and regulations. 9. Coordinate and execute TDC participation in trade shows, sales missions, FAM tours and similar events, nationally and internationally. 10. Supervise, coordinate and provide to County and appropriate District Advisory Committees applications for TDC funding and responses to TDC RFP's. 8 11. Assist coordination and intercommunication between and among the Districts and their Advisory Committees. 12. Assist chambers and any other contractors in the maintenance of tourist information services agreements. 13. Provide to TDC and County all financial information available regarding requests for advertising, marketing, public relations, and event expenditures. 14. Carry out marketing research and analyze said research as required by TDC to continuously address the need for changed directions in advertising and promotion of Monroe County as a tourist destination. 15. Coordinate public notice of District Advisory Committee member vacancies, receipt of applications, distribution to Nominating Committee and subsequent approval by TDC. 16. Coordinate and implement short and long range marketing plan. 17. Coordinate the creation of appropriate contracts/agreements for all aspects of event funding, all other contracting requirement on behalf of the TOC. 18. Produce annual report. 19. Maintain all appropriate insurance's required by County including maintenance of corporation fees, annual reports and tax returns. 9 EXHIBIT B ADMINISTRATIVE BUDGET SALARIES & RELATED COSTS INSURANCE & RELATED CORPORATE COSTS* $584,000 $ 51,000 $635,000 * Accounting Fees Legal fees Annual Corporate Fees Bank Charges Medical/dental insurance Worker's Compensation General Liability & content Insurance Directors and Officers Insurance Professional Liability 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 mission and promotion costs not covered under purchase orders Educational classes/seminars/workshops to develop & advance work related skills Training and education aids Cash on delivery (COD) items/postage due Sales related purchases i.e. books, momentos, bags, etc. 10 April 22. J9'JJ hd l'rinlinJ; EXHIBIT C MONROE COUNTY, 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 of the 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, except for the Vendor's failure to maintain the required insurance. The Vendor shall provide, to the County, as satisfactory evidence of the 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 of any or all insurance policies required by this contract. AU 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 andlor approval 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. Admmistndiw JnstnK:lion 114709.1 11 April 22. 1993 ... l'rinting 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 form entitled "Request for Waiver of hlsurallce Requirements" and approved by Monroe County Risk Management. 12 i\clminillUative Jr1lItnx.1ian 114709.1 April 22. 19'}] Istl'rinling MONROE COUNTY, FLORIDA INSURANCE GUIDE TO CONTRACT ADMINISTRATION Indemnification and Hold lIannless for Suppliers of Goods and Services The Vendor covenants and agrees to indemnifY and hold hannless Monroe County Board of County Commissionc"! from any JUld all claims Ihr 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 ofits 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 of the project (to include the work of others) is delayed or suspended as a result of the Vendor's failure to purchase or maintain tbe required insurance, the Vendor shall indemnifY the County from any and all increased expenses resulting from such delay. The extent ofliability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. ..~,. .. Administrative JnslJudion 114709.1 13 April 22. 199:1 lilt I'rinting GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACf BElWEEN MONROE COUNTY, FLORII)A AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General 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. Ifcoverage is provided on a Claims Made policy, its provisions should include coverage for c1aim's filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named a.c; Additional Insured on all policies issued to satisfY the above requirements. 14 Administrative Im1JUctioo H470'J.1 I\pril 22. 1993 11l1'Tinting VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT 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 Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum. liability coverage for: . Owned, Non-Owned, and Ilired 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 Additional Insured on all policies issued to satisfY the above requirements. 15 Adminislrativc InstRlctiOll "4709.1 April 22. J993 'at l'rinling Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employe~ Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident S500,000 Bodily Injury by Disease, policy limits SIOO,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 Contractors Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 16 Administrati\'C Instruction "4709.1 EXHIBIT D Provider shall comrly with all laws, including but not limited to: ( 1) The Nationa Environmental Polley Act of 1969 (42 U.S.C. s. 4321 et scq.) and 24 C.F.R. Part 5~: (2) Executive Order 11988. Il'loodplain Management; (3) Executive Order 11990. Protection of Wetlands: (4) The Endangered Species Act of 1973. as amended (16 U.S.C. 8. 1531 et seq.); (5) The Fish ana Wildlife Coordination Act of 1958. as amended. (16 U.S.C. s 681 et seq.): (6) The Wild and ScenIc Rivers Act of 1968. 8S amended. (16 U. S. C. II 1271 et seq.); . (7) The Safe Drinking Water Act of 1974. as amended (42 U. S. C. s 300f et seq.); (8) Section 401 (0 of the Lead-Based Paint Poisoning Prevention Act, a8 amended (42 U.S.C. II 4831 (b) et seq.)j (9) The Clean Air Act of 1970, as amended (42 U.S.C. s. 7401 et 8eq.): (10) The Federal Water Pollution Control Act of 1072. as amended (33 U.S.C. . 1251 et meq.): ( 11) nte Clean Water Act of 1971 (public Law 95..217); (12) The Solid Waste Disposal Act, as amended by the Re80ura Conservation and Recovery Act of 1975 (42 U.S.C. So 8901 et 8cq. ): (1S) Noise Abatement and Control: De~mental Policy Implementation ResponsibWtles, and StBnd8rda, 24 C.F.R. Part 52, Subpart B; (14) Flood Dlsaster Protection Act ot 1973. P.L. 93.234; ( 15) Protection of Historic and Cultural Properties under HUD Programs. 24 C.F.R. Part 59: (16) Coastal Zone Management Act of 1972, P.L. 92-583; ( 17) Executive Order 11593. "Protection and Enhancement of The Cultural Envlronmen~; .( 18) Architectural and ConstNetlon Standards: (19) Architectural Barriers Act of 1968. 42 U.S.C. 4151; (20) Executive Order 11296, relaUng to evaluation of flood huarda; (21) Executive Order 11288, relating to the prevention. control and abatement of water pollution; (22) Cost.E~ctlve 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 IIGovernment wide Guidance for New Restrictions on Lobbying; Interim Final Guidance" published in the December 20, 1989 Federa11tegi8ter, which prohibits recipients of federal contracts or grant8 from u.ing appropriated l\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-federal funds (See attachment D); and (25) Executive Order No. 11246 of September. 17