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

Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. DEP Agreement No. CM234, Attachment K, Page 2 of 4  s )100a8 aol u0isua ;x3 1u9w88a6y; uea0 d34:1 : L X60 loo o; Alnr ;uawaaa6e ; uejB qns :; uawyoe:Ry 13. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 - 1508 and 7324 —7328) that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 14. Floodplain Management, EO 11988 and, Protection of Wetlands, EO 11990, May 24, 1977 Recipients must identify proposed actions in Federally defined floodplains and wetlands to enable the agency to make a determination whether there is an alternative to minimize any potential harm. 15. Compliance, if applicable, with flood insurance purchase requirements of Section 102( a) of the Flood Disaster Protection Act of 1973 ( P.L. 93 -234) that requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $ 10, 000 or more. 16. Compliance with environmental standards which may be prescribed to the following: ( a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 ( P.L. 91 -190) and Executive Order 11514; ( b) notification of violating facilities pursuant to E.O. 11738; ( c) protection of wetlands pursuant to E.O. 11990; ( d) evaluation of flood hazards in floodplains in accordance with E.O. 11988; ( e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 ( 16 U.S. C. 1451 et seq.); ( f) conformity with Federal actions to State ( Clean Air) Implementation Plans under Section 176( c) of the Clean Air Act of 1955, as amended (42 U.S. C. 7401 et seq.); ( g) protection ofunderground sources of drinking water under the Safe Drinking Water Act of 1974, as amended ( P.L. 93 -523); ( h) protection of endangered species under the Endangered Species Act of 1973, as amended ( P.L. 93 -205), ( i) restrictions for actions within a Coastal Barrier Island under the Coastal Barrier Island Resources Act (16 U.S. C. 3501 et seq.), 0) The Resource Conservation and Recovery Act of 1976, as amended (42 U.S. C. 6901 et seq.) which regulates the generation, transportation, treatment and disposal of hazardous wastes, ( k) The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and the Superfund Amendments and Reauthorization Act of 1986, and the Community Environmental Response Facilitation Act of 1992, as amended,.(42 U.S.C. 9601 et seq.), and ( 1) The Environmental Justice in Minority Populations and Low Income Populations, EO 12898, February 11, 1994, which identifies and addresses adverse human health or environmental effects of programs, policies and activities on low income and minority populations. 17. Clean Air Act, Clean Water Act, and EO 11738 Recipients must comply with the provisions of the Clean Air Act (42 U.S. C. § §7401 et seq.), Clean Water Act (33 U.S. C. §§ 12519 sea.), and EO 11738, and shall not use a facility on EPA' s List of Violating Facilities in performing any award that is nonexempt under 40 CFR 15. 5, and shall notify the Program Officer in writing if it intends to use a facility that is on the EPA List of Violating Facilities or knows that the facility has been recommended to be placed on the list. 18. Compliance with the Wild and Scenic Rivers Act of 1968 ( 16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 19. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended ( 16 U.S. C. 470), E.0. 11593 ( identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 ( 16 U.S. C. 469a -1 et seq.). 20. Compliance with 15 CFR Part 27 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 21. Care and Use of Live Vertebrate Animals. Recipients must comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S. C. 2131 et seq.) pertaining to the acquisition, care, handling, and use in projects, and implementing regulations, 9 CFR Parts 1, 2 and 3; the Endangered Species Act ( 16 U.S. C. 1531 et seq); Marine Mammal Protection Act (16 U.S. C. 1361 et seq.) taking possession, transport, purchase, sale, export or import of wildlife and plants, The Nonindigenous Aquatic Nuisance Prevention and Control Act (16 U.S.C. 4701 et seq.) ensure preventive measures are taken or that probable harm of using species in minimal if there is an escape or release, and all other applicable statutes pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by Federal financial assistance. No research involving vertebrate animals is permitted under any U.S. Department of Commerce financial assistance award unless authorized by the Grants Officer. 22. Criminal and Prohibited Activities —Recipients must comply with the Program Fraud Civil Remedies Act 31 U.S. C., §§ 3801 -3812), which provides for the imposition of civil penalties against persons who make DEP Agreement No. CM234, Attachment K, Page 3 of 4  s )100Je aoI u01su84x3 luawaaaBV 1uBJE) d3a3 : 6 W 0 10O of Alnp ; uaweeiBe; ueaB qng :luawyoe:RV false, fictitious, or fraudulent claims to the Federal government for money (including money representing grants, loans or other benefits). 23. Foreign Travel —Recipients shall comply with the provisions of the Fly America Act (49 USC, § 40118). The implementing regulations of the Fly America Act are found at 41 CFR§ §301 - 10. 131 through 301 - 10. 143. 24. American Made Equipment and Products —Recipients are hereby notified that they are encouraged, to the greatest extent practicable, to purchase American -made equipment and products with funding provided under this Agreement. 25. Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects —Recipients must comply with EO 13202, unless project is exempted under section 50 of the order, bid specifications, project agreements, or other controlling documents for construction contracts awarded under this Agreement. 26. Minority Serving Institutions (MSIs) Initiative —Pursuant to Eos 13256, 13230 and 13270, the Recipient is strongly encouraged to include meaningful participation of MSIs. Institutions eligible to be considered MSIs are listed on the Department of Education website. 27. Research Misconduct —Scientific or research misconduct refers to the fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Funds expended on an activity that is determined to be invalid or unreliable because of scientific misconduct may result in disallowance of costs for which the institution may be liable for repayment to the awarding agency. 28. Compliance with Department of Commerce Bureau of Industry and Security Export Administration Regulations —The Recipient shall comply with the Export Administration Regulations (EAR) (15 CFR 730- 774) and the International Traffic In Arms Regulations ( ITAR) (22 CFR 120 -130) implemented by the Department of State, respectively. This includes, but is not limited to, dual -use items, defense articles and any related assistance, services, software or technical data as defined in the EAR and ITAR. The Recipient shall include this clause in all lower tier transactions under this Agreement that may involve access to export- controlled information technology. 29. Trafficking Victim Protection Act of 2000, the following Prohibition Statement must be included in any award of these funds to a private entity. " You as the recipient, your employees, subrecipients under this Agreement, and subrecipient' s employees may not engage in severe forms of trafficking in persons during the period of time that this Agreement is in effect; procure a commercial sex act during the period of time that this Agreement is in effect; or use forced labor in the performance of this Agreement or subawards under this Agreement. 30. Self -Contained Underwater Breathing Apparatus (SCUBA) - For any funds used for SCUBA diving, it is the responsibility of the Grantee to ensure that SCUBA divers are certified to a level commensurate with the type and conditions of the diving activity being undertaken. Furthermore, it is the responsibility of the Grantee to ensure that any SCUBA diving activities using the funds under this Agreement meet, at a minimum, all applicable Federal, State, and local laws and regulations pertaining to the type of SCUBA diving being undertaken. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CM234, Attachment K, Page 4 of 4  s3i00ae a01 u01sua4x3 1uaw8a.a6y luea0 d3a=1: 6660 loo of Atnr luawaa.i6e luej6 qns :luewyoellb ATTACHMENT L REGULATIONS Formal regulations concerning administrative procedures for U.S. Department of Commerce (DOC) grants appear in Title 15 of the Code of Federal Regulations. Other DOC regulations also impact grant programs. The following list contains regulations and Office of Management and Budget Circulars which may apply to the work performed under this Agreement. Subchapter A —General 15 CFR 8 Nondiscrimination in federally assisted programs of the DOC 15 CFR 11 Uniform relocation assistance and real property acquisition for Federal and federally assisted programs 15 CFR 13 Intergovernmental review of DOC programs and activities Subchapter B - Grants and Other Federal Assistance 15 CFR 14 Uniform administrative requirements for grants and agreements with institutions of higher education, hospitals and other nonprofit organizations 15 CFR 24 Uniform administrative requirements for grants and agreements to state and local overnments. 15 CFR 28 New restrictions on lobbying 15 CFR 29 Drug-Free Workplace Act Other Federal Regulations 2 CFR 1326 Nonprocurement Suspension and Debarment 48 CFR. 31 Contract Cost Principles and Procedures Office of Management and Budget Circulars A -21 2 CFR 220) Cost Principles for Educational Institutions A -87 2 CFR 225 Cost Principles for State, Local, and Indian Tribal Governments A -122 ( 2 CFR Cost Principles for Non -Profit Organizations 230) A -133 Audit of States, Local Governments and Non -Profit Organizations REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CM234, Attachment L, Page 1 of 1  Agenda City of