Fort Walton Beach Council agenda — 09-04-12 regular — reading text

including television without compensation. Furthermore, I hereby consent that such photographs, films, negatives, and recordings and the plates and/ or tapes or other medium from which they are made shall be their property, and they shall have the right to sell, duplicate, reproduce and make other uses of such photographs, films, recordings, plates, and tapes as they may desire free and clear of any claim whatsoever on my part or my child' s part, or by anyone who may claim by or through my child in perpetuity. IN WITNESS WHEREOF I have hereunto set my hand, in the State of Florida, this day of , 2 Signature of parent or guardian Name of child (print) Name of parent or guardian (print) Address City State Zip DEP Agreement No. CM234, Attachment J, Page 2 of 2  s )100a8 Jot u01su84x3 luauaaaalib luea0 d3a3 : 6460 loo of Ajnp luaweei a lueffi qng : luautyoellV ATTACHMENT K Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with Executive Order (E.O.) 11246, " Equal Employment Opportunity," as amended by E.O. 11375, " Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, " Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Copeland " Anti-Kickback" Act (18 U.S. C. 874 and 40 U.S. C. 276c) - All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland " Anti-Kickback" Act (18 U.S. C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, " Contractors and Sub -contractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis -Bacon Act, as amended ( 40 U.S. C. 276a to a -7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S. C. 276a to a -7) and as supplemented by Department of Labor regulations ( 29 CFR part 5, " Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction "). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S. C. 327 -333) - Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333), as supplemented by Department of Labor regulations ( 29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of 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 1 '/ 2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 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. 6. Clean Air Act (42 U.S. C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S. C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended ( 33 U.S. C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). DEP Agreement No. CM234, Attachment Ir, Page 1 of 4  si{ooJ8 J01 uoisualx3 luawaaaBU luea0 d3a=l : 4 f60 loo of AInp ; uawaaa6e; ueaB qnS quawyoe:gV 7. Byrd Anti- Lobbying Amendment (31 U.S. C. 1352) - Contractors who apply or bid for an award of 100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S. C. 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Governmentwide Debarment and Suspension (NonProcurement) —Recipients shall comply with the provisions of Subpart C of 2 CFR Part 1326, " Governmentwide Debarment and Suspension Nonprocurement)," published in the Federal Register on December 21, 2006, 71 FR 76573, which generally prohibit entities that have been debarred, suspended, or voluntarily excluded from participating in Federal nonprocurement transactions either through primary or lower tier covered transactions. 9. Section 508 of the Federal Water Pollution Control Act, as amended ( 33 U.S.C. 1368) and Section 1424( e) of the Safe Drinking Water Act (42 U.S. C. 300h -3( e)) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S. C. 1368) and Section 1424( e) of the Safe Drinking Water Act (42 U.S. C. 300h- 3( e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 10. Compliance with all 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 sex; b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; ( c) the Americans with Disabilities Act of 1990 ( 42 USC 12101 et. seq.) prohibiting discrimination on the basis of disability under programs, activities and services provided or made available by state and local governments or instrumentalities or agencies thereto, as well as public or private entities that provide public transportation, (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 non -discrimination on the 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) Sections 523 and 527 of the Public health Service Act of 1912 ( 42 U.S.C. 290 dd -3 and 290 ee -3), 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) EO 13166 ( 68 FR 14180) to Federal financial assistance recipients on the Title VI prohibition against national origin discrimination affecting Limited English Proficient (LEP) persons, ( j) Title VII of the Civil Rights Act of 1964, 42 U.S. C. which prohibits discrimination on the basis of religion, a religious corporation, association, educational institution or society, any other nondiscrimination provisions in the specific statute(s) made; ( k) Title DX of the Education Amendments of 1972 ( 20 USC 1681 et. seq.) prohibiting discrimination on the basis of sex under Federally assisted education programs or activities; ( 1) compliance with Parts II and III of EO 11246 ( 30 FR 12319, 1965), as amended by EO 11375 ( 32 FR 14303, 1967) and 12086 ( 43 FR 46501, 1978), require Federally assisted construction contracts to include the nondiscrimination provisions of sections 202 and 203 of that EO and Department of Labor regulations implementing EO 11246 (41 CFR 60- 1. 4( b), 1991), and the requirements of any other nondiscrimination statute( s) that may apply. 11. Drug Free Workplace The recipient shall comply with the provisions of the Drug -Free Workplace Act of 1988 (Public Law 100 -690, Title V, Sec. 5153, as amended by Public Law 105 -85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S. C. § 702) and DoC Implementing regulations published at 15 CFR Part 29, Governmentwide Requirements for Drug -Free Workplace ( Financial Assistance)" published in the Federal Register on November 26, 2003, 68 FR 665314' 1,) which require that the recipient take steps to provide a drug - free workplace. 12. Compliance with the requirements of Titles R and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of