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North Palm Beach - FULLY EXECUTED SIGNED AGREEMENTINTERLOCAL AGREEMENT This Interlocal Agreement is hereby entered into as of the ZZ day of D ecember 2020, by and between Palm Beach County, a Political Subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the COUNTY, and the CITY of Village of North Palm Beach, a municipality located within Palm Beach County, hereinafter referred to as CITY. WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer declared that a public health emergency exists in the State of Florida as a result of COVID-19; and WHEREAS, on March 9, 2020, Governor Ron DeSantis issued Executive Order 20-52 declaring a State of Emergency for the State of Florida as a result of COVID-19; and WHEREAS, on March 13, 2020, pursuant to Section 252.38(3)(a)(5), Florida Statutes, COUNTY declared a State of Emergency as a result of COVID-19, and the declaration has been extended through and beyond this date in accordance with applicable law; and WHEREAS, the COUNTY has received CARES ACT funds from the federal government for the procurement of COVID-19 related goods and services; and WHEREAS, the CITY has made expenditures for COVID-19 related goods and services that have not been and are not going to be reimbursed from any CARES ACT funds or other grants or donations; and WHEREAS, Palm Beach County has determined that it is in the public's best interest to reimburse the CITY for their procurement and expenditure of COVID-19 related goods or services with CARES ACT funds received by the COUNTY; and WHEREAS, the COUNTY has created a Municipal CARES ACT Reimbursement Program for the benefit of the CITY and the general public; and WHEREAS, COUNTY and CITY desire to enter into this Interlocal Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as hereinabove specified and as follows: I. PURPOSE The purpose of this Interlocal Agreement ("Agreement") is for the COUNTY to reimburse the CITY for their procurement and expenditure for COVID-19 related goods or services in accordance with the Municipal CARES ACT Reimbursement Program ("Program"), which is attached hereto and incorporated herein as "Attachment A". Page 1 of 22 II. CONTRACT REPRESENTATIVES The COUNTY'S representatives during the performance of this Agreement shall be Todd Bonlarron, Assistant County Administrator, telephone number (561) 355-4019 and Ed Chase, Intergovernmental Affairs Director, telephone number (561) 355-6266. The CITY's representatives during the performance of this Agreement shall be Andrew D. Lukasik, Village Manager, telephone number (561) 904-2122 III. COMMENCEMENT OF INTERLOCAL AGREEMENT This Agreement shall commence upon execution by both parties, and shall terminate on once all duties and obligations of the parties are completed. IV. RESPONSIBILITIES OF CITY The CITY must fully comply with the COUNTY's Program as described below, including the requirements of Attachment A. A. All expenditures for which the CITY will be seeking reimbursement from the COUNTY must have been made as a result of the COVID-19 virus and must have been procured and paid for between and including March 1, 2020 and October 31, 2020. B. All expenditures for which the CITY will be seeking reimbursement from the COUNTY must not have been included in the CITY's most recent budget approved prior to March 1, 2020. C. On or before December 1, 2020, the CITY shall provide COUNTY with appropriate documentation, an executed Municipal CARES ACT Reimbursement Certification, and an Invoice Activity Report for all eligible items for which the CITY is seeking reimbursement from COUNTY. The Invoice Activity Report is attached hereto and incorporated herein as "ATTACHMENT B". V. PAYMENTS Reimbursement made by the COUNTY to the CITY under the Program will be provided based on the overall amount of funds requested relative to allocated and available COUNTY CARES ACT funds. A. If a CITY receives CARES ACT funds from the COUNTY and the expenses are denied by the federal government, the CITY shall reimburse the COUNTY for the CARES ACT funds received for the denied expenditure. B. If a municipality receives funding for expenses previously reimbursed with COUNTY CARES ACT funds, the CITY shall reimburse the COUNTY for the CARES ACT funds received for those expenditures. C. Any and all payments made by the COUNTY to the CITY under the Program are subject to availability of CARES Act funds. Page 2 of 22 RESPONSIBILITIES OF THE COUNTY COUNTY shall review all eligible expenditures and documentation submitted by CITY for the purpose of reimbursement. COUNTY shall reimburse CITY for all eligible expenditures on or before December 30, 2020 or provide written denial of submitted expenditures for reimbursement. VI. TERMINATION Each Party may terminate this Agreement by serving a minimum fourteen (14) days prior written notice to the other Party. VIII. PERSONNEL CITY ensures that its personnel shall not be employees of or have any contractual relationship with the COUNTY. All of the services described herein shall be performed by, or under the supervision of CITY. CITY shall ensure that all personnel engaged in performing the services set forth herein shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. IX. INSURANCE/INDEMNIFICATION CITY acknowledges without waiving the right to sovereign immunity as provided by Florida Statutes 768.28, that it is self-insured for general liability and automobile liability under Florida sovereign immunity statutes with coverage limits of $200,000 per person and $300,000 per occurrence, or such monetary waiver limits that may change and be set forth by the legislature. User's self-insurance shall be primary with respect to any coverage maintained by the County. Subject to the provisions and only within the limitations of Section 768.28, Florida Statutes, and without waiving sovereign immunity, the parties recognize their respective tort liability for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee acting within the scope of the employee's office or employment. It is expressly understood that this provision shall not be construed as; i) a waiver of any right, defense or immunity that the parties have under Chapter 768.28, Florida Statutes, or any other statute, ii) an agreement by either Party hereto to indemnify the other; or iii) consent by either Party to be sued by third parties. Each party covenants to maintain sufficient general liability and workers' compensation coverage, unless self-insured, regarding its respective liability, throughout the term of this Agreement. CITY further agrees, to the extent allowed by law and without waiving the right to sovereign immunity, to indemnify and holds harmless the Federal Government, its employees and/or contractors; the State of Florida, Division of Emergency Management, its employees and/or contractors from liability to third parties for claims asserted under this Agreement. This section shall survive the termination of this Agreement. Page 3 of 22 X. SUCCESSORS AND ASSIGNS The COUNTY and CITY each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither the COUNTY nor CITY shall assign, sublet, conveyor transfer its interest in this Agreement without the prior written consent of the other. XI. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Agreement will be held in a court of competent jurisdiction located in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the COUNTY and/or CITY. XI. CONFLICT OF INTEREST CITY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes, and the Palm Beach County Code of Ethics. CITY further represents that no person having any such conflict of interest shall be employed for said performance of services. CITY shall promptly notify the COUNTY's representative, in writing, by certified mail, of all potential conflicts of interest of any prospective business association, interest or other circumstance which may influence or appear to influence the quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that may be undertaken and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by CITY. The COUNTY agrees to notify CITY of its opinion as soon as is reasonably possible. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by CITY, the COUNTY shall so state in the notification and CITY shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided under the terms of this Agreement. XIII. ARREARS CITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CITY further warrants Page 4 of 22 and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. XIV. DISCLOSURE AND OWNERSHIP OF DOCUMENTS To the extent allowed by Chapter 119, Florida Statutes, all written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the COUNTY or at its expense will be kept confidential by CITY and will not be disclosed to any other party, directly or indirectly, without the COUNTY'S prior written consent unless required by a lawful court order. All drawings, maps, sketches, programs, data base, reports and other data developed, or purchased, under this Agreement for or at the COUNTY'S expense shall be and remain the COUNTY'S property and may be reproduced and reused at the discretion of the COUNTY. All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. Notwithstanding any other provision in this Agreement, all documents, records, reports and any other materials produced hereundershall be subject to disclosure, inspection and audit, pursuant to the Palm Beach County Office of the Inspector General, Palm Beach County Code, Sections 2- 421- 2-440, as amended. XV. AUTHORITY TO PRACTICE CITY hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request. XVI. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XVII. PUBLIC ENTITY CRIMES As provided in F.S. 287.132-133, by entering into this agreement or performing any work in furtherance hereof, CITY certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). Page 5 of 22 XVIII. NOTICE All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to: Sherry Brown, Director Office of Financial Management & Budget 301 North Olive Avenue West Palm Beach, FL 33401 If sent to CITY, notices shall be addressed to: Village of North Palm Beach Attn: Sarnia Janjua 501 US Highway One North Palm Beach, FL 33408 XIX. ENTIRETY OF AGREEMENT The COUNTY and CITY agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties. XX. REGULATIONS: LICENSING REQUIREMENTS The COUNTY and CITY shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion, and any other federal requirement now in effect or imposed in the future that apply to this Agreement. The COUNTY and CITY are presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered. XXI. COUNTERPARTS This Agreement, including any exhibits that may be referenced herein, may be executed in one or more counterparts, all of which shall constitute collectively but one and the same Agreement. The COUNTY may execute the Agreement through electronic or manual means. CITY shall execute by manual means only, unless the COUNTY provides otherwise. XXII. PUBLIC RECORDS, ACCESS AND AUDITS CITY shall maintain all records pertaining to the procurement of the goods or services paid with federal funds for a period of five (5) years from the date of submission of the final expenditure report for the entire federal allocation or, for federal awards that are renewed quarterly or Page 6 of 22 annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the federal awarding agency or pass-through entity. The COUNTY shall have access to such records as required in this Section for the purpose of inspection or audit during normal business hours, at CITY's place of business. Exceptions include: 1. If any litigation, claim, or audit is started before the expiration of the five (5) year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. 2. When the COUNTY has received written notification to extend the records retention period from the federal awarding agency, agency for audit, oversight agency for audit, agency for indirect costs, or pass-through entity. 3. Records for equipment acquired with federal funds must be retained for five (5) years after final disposition. 4. When records are transferred to or maintained by the federal awarding agency or pass- through entity, the five (5) year retention requirement is not applicable to the COUNTY. IF CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CITY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT RECORDS REQUEST, PALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 301 N. OLIVE AVENUE, WEST PALM BEACH, FL 33401, BY E-MAIL AT RECORDSREQUEST@PBCGOV.ORG OR BY TELEPHONE AT 561-355-6680. CITY shall provide the COUNTY with an annual financial audit report that meets the requirements of sections 11.45 and 216.349, Florida Statutes, and Chapter 10.550 and 10.600, Rules of the Auditor General, and, to the extend applicable, the Single Audit Act of 1984, 31 U.S.C. ss. 7501- 7507 and the related provisions of the Uniform Guidance, 2 C.F.R. § 200.303 regarding internal controls, §§ 200.330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements. Any party receiving such funds shall comply with said provisions, and shall fully cooperate with any other party's compliance with said provisions, including OMB Circulars A-128 or A-133 for the purposes of auditing and monitoring the funds awarded under this Agreement. XXII I. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT REQUIREMENTS Pursuant to Palm Beach County Code, Section 2-421- 2-440, as amended, Palm Beach County's Office of Inspector General is authorized to review past, present and proposed COUNTY contracts, transactions, accounts, and records. The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the COUNTY, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421— 2-440, and punished pursuant to Section 125.69, F.S., in the same manner as a second degree misdemeanor. Page 7 of 22 XXIV. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, _WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS The COUNTY has made all necessary affirmative steps to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. CITY, if prime subcontracts are to be let, shall take the Affirmative Steps listed below: 1. Placing qualified small and minority businesses and women's business enterprises on Solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. XXV. CONFLICT OF INTEREST/GIFT POLICY Conflict of Interest/Gift Policy. 1. CONFLICT OF INTEREST: Notwithstanding any provision of Section 2-443 of the Ethics Code, no employee, officer or agent of the CITY may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or may receive a tangible personal benefit from a vendor considered for a CITY contract. In addition, all federal criminal law violations involving fraud, bribery or gratuity that potentially affect a federal award are required to be disclosed in writing. Failure to make the required disclosures can result in withheld payments, award termination, suspension or debarment of the vendor. 2. ORGANIZATIONAL CONFLICT OF INTEREST: If the vendor has a parent, affiliate, or subsidiary organization that is not a state government, local government, or Indian tribe, the non-federal entity must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest mean that because of relationships with a parent company, affiliate, or subsidiary organization, the non- federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving the related organization. Page 8 of 22 GIFT POLICY: Notwithstanding any provision of the Ethics Code, no vendor or CITY shall offer and no officer, employee, or agent of the COUNTY shall solicit or accept gratuities, favors, or anything of monetary value from CITY or sub -providers XXVI. INDEPENDENT PROVIDER RELATIONSHIP CITY is, and shall be, in the performance of all work, services, and activities under this Agreement, an Independent Provider and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to CITY's sole direction, supervision, and control. CITY shall exercise control over the means and manner in which it and its employees perform the work, and in all respects CITY's relationship, and the relationship of its employees, to the COUNTY shall be that of an Independent Provider and not as employees or agents of the COUNTY. CITY does not have the power or authority to bind the COUNTY in any promise, agreement, or representation other than specifically provided for in this Agreement. XXVII. CONTINGENT FEE CITY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CITY, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for CITY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. XXVIII. NON-DISCRIMINATION 1. The COUNTY is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R-2017-1770, as may be amended, CITY warrants and represents that throughout the term of the Contract, including any renewals thereof, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression, or genetic information. Failure to meet this requirement shall be considered default of the Agreement. 2. Equal Employment Opportunity. During the performance of this Agreement, CITY agrees as follows: CITY will comply with all applicable federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) - 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the Page 9 of 22 basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act, of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) Rehabilitation Act of 1973 any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. CITY shall comply with the Drug Free Workforce Act of 1988. XXIX. DISCRIMINATORY VENDOR LIST An entity or affiliate who has been placed on the discriminatory vendor list may not: submit a proposal on a contract to provide goods or services to a public entity; submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; submit proposals.on leases of Real Property to a public entity; award or perform work as a vendor, supplier, sub -provider, or consultant under contract with any public entity; nor transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. XXX. DEBARMENT AND SUSPENSION A completed "Certification Regarding Debarment and Suspension" (Attachment C) is required at time of response submission. Upon request, CITY agrees to provide the COUNTY with subsequent certifications) for it and/or its suppliers, sub -Providers and sub -consultants after Contract award. This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such CITY is required to verify that none of CITY, its principals (defined at 2 C.F.R. §180.995), or its affiliates (defined at 2 C.F.R. §180.905 are excluded (defined at 2 C.F.R. §180.935). CITY must comply with 2 C.F.R. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that CITY did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Federal Government serving as grantee and COUNTY as sub -grantee, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. SCHOOL BOARD must comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. CITY further agrees to include a provision requiring such compliance in its lower tier covered transactions. XXXI. FEDERAL SYSTEM FOR AWARD MANAGEMENT A contract award shall not be made to parties listed on the government -wide exclusions set forth in the System for Award Management ("SAM") (found at www.sam.gov), which contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties Page 10 of 22 declared ineligible under statutory or regulatory authority. XXXII. SCRUTINIZED COMPANIES 1. As provided in F.S. 287.135, by entering into this Agreement or performing any work in furtherance hereof, CITY certifies that it, its affiliates, suppliers, sub -providers and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, pursuant to F.S. 215.4725. Pursuant to F.S. 287.135(3)(b), if CONSULTANT is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, this Agreement may be terminated at the option of the COUNTY. 2. When contract value is greater than $1 million: As provided in F.S. 287.135, by entering into this Agreement or performing any work in furtherance hereof, CITY certifies that it, its affiliates, suppliers, sub -providers and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473 or is engaged in business operations in Cuba or Syria. If the COUNTY determines, using credible information available to the public, that a false certification has been submitted by CITY, this Agreement may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Agreement shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Agreement renewal. XXXIII. MODIFICATIONS OF WORK The COUNTY reserves the right to make changes in Scope of Work or Program, including alterations, reductions therein, or additions thereto. Upon receipt by CITY of the COUNTY's notification of a contemplated change, CITY shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change; (2) notify the COUNTY of any estimated change in the completion date; and (3) advise the COUNTY if the contemplated change shall affect CITY's ability to meet the completion dates or schedules of this Agreement. If the COUNTY so instructs, in writing, CITY shall suspend work on that portion of the Scope of Work affected by a contemplated change, pending the COUNTY's decision to proceed with the change. If the COUNTY elects to make the change, the COUNTY shall initiate an Agreement Amendment, and CITY shall not commence work on any such change until such written amendment is signed by CITY and approved and executed on behalf of Palm Beach County. XXXIV. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT CITY agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. 7401-7671) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). CITY agrees to report each violation to the COUNTY, and understands and agrees that the COUNTY will, in turn, report each violation as required by the federal awarding agency and the appropriate Environmental Protection Agency Regional Office. Page 11 of 22 CITY agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with federal assistance money. XXXV. SCIENTIFIC RESEARCH AND DEVELOPMENT AND COPYRIGHT AND PATENT RIGHTS Those solicitations or contracts providing federal funds in support of scientific research and development must comply with the requirements of 37 C.F.R. 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. COUNTY shall be the exclusive owner of any patent rights arising as a result of any discovery or invention which arises or is developed in the course of or under this Agreement. The COUNTY shall hold the copyright to works produced or purchased under this Agreement. FEMA and the Federal Government hold a royalty -free, non-exclusive and irrevocable license to produce, publish, or to otherwise authorize others to use, for Federal Government purposes, copyrighted material that was developed under a federal award or purchased under a federal award. XXXVI. MANDATORY STANDARDS AND POLICIES RELATING TO ENERGY EFFICIENCY CITY is required to comply with mandatory standards and policies related to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871) (42 U.S.C. 6201). XXXVII. PROCUREMENT OF RECOVERED MATERIALS CITY is to provide COUNTY with those goods designated by the Environmental Protection Agency ("EPA"), at 40 C.F.R. 247 — 247.17, that contain the highest percentage of recovered materials practicable while maintaining a satisfactory level of competition for goods valued above $10,000 or where the value of the goods procured during the preceding fiscal year exceeded $10,000. Categories of goods with the highest percentage of recovered materials include construction products; landscaping products; miscellaneous products; non -paper office products; paper and paper products; park and recreation products; transportation products; and, vehicular products. XXXVIII. PROGRAM FRAUD AND FALSE OR FRAUDULENT OR RELATED ACTS CITY acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to CITY's actions pertaining to this contract. (31 U.S.C. Chapter 38). XXXIX. FEDERAL CRIMINAL LAW/FALSE STATEMENTS ACT The False Statement Act sets forth liability for, among other things, any person who knowingly submits a false claim to the Federal Government or causes another to submit a false claim to the government or knowingly makes a false record or statement to get a false claim paid by the government. For example, a false claim could include false billing documentation submitted by the COUNTY received from CITY or sub -provider under the Agreement. (31 U.S.C. 3729). Page 12 of 22 XXXX. HIRING OF MECHANICS OR LABORERS For those solicitations and contracts including the employment of mechanics or laborers, the contract must provide for compliance with 40 U.S.0 § 3702, as supplemented by Department of Labor regulations (29 C.F.R. 5). Specifically, CITY shall be required to compute the wages of every mechanic and laborer based on a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half (1%) times the basic rate of pay for all hours worked in excess of 40 hours in the work week. XXXXI. DRUG-FREE WORKPLACE CITY shall implement and maintain a drug-free workplace program of at least the following items: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the CITY'S policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, .and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the services that are under contract a copy of the statement specified in Item Number 1 above. 4. In the statement specified in Item Number 1 above, notify the employees that, as a condition of providing the services that are under Contract, the employee will abide by the terms of the statement and will notify the CITY of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction or plea. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted or so pleads. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087, Florida Statutes. XXXXII. AMERICANS WITH DISABILITIES (ADA) CITY shall meet all the requirements of the Americans With Disabilities Act (ADA), which shall include, but not be limited to, posting a notice informing service recipients and employees that they can file any complaints of ADA violations directly with the Equal Employment Opportunity Commission (EEOC), One Northeast First Street, Sixth Floor, Miami, Florida 33132. Page 13 of 22 IN WITNESS WHEREOF, the County Administrator, on behalf of the COUNTY, and CITY have executed this Agreement on the day and year written above. PALM BEACH COUNTY, FOR ITS BOARD OF COUNTY COMMISSIONERS By: Verdenia C. Baker, County Administrator APPROVED AS TO FORM APPROVED AS TO TERMS AND LEGAL SUFFICIENCY AND CONDITIONS By: Al A M 1 ff dfLxW By: County Attorney Sherry Brown, D're for of Office of Financial Management & Budget Page 14 of 22 IN WITNESS WHEREOF, the County Administrator, on behalf of the COUNTY, and CITY have executed this Agreement on the day and year written above. WITNESS: Signature S ck 1rr, i a- Sa r �U'-O- Name (type or print) CIT Vil agevf orth P Im Beach Signature Andrew D. Lukasik Name (type or print) Village Manager Title Page 15 of 22