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

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, 6) 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 66534), which require that the recipient take steps to provide a drug - free workplace. 12. Compliance with the requirements of Titles H 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 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 )100.18 aol u01sua1x3 1u9w88a6V lueaO d30:1 : 6460 loo of AInp luaweeiBe lueafi qng quawyoel;V n 13. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 - 1508 and 7324 —7328) that limit the so political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. LLJ 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. § § 1251 et 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. O. 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 )100J8 aoI u01sua ;x3; uawaaaBV luea0 d3ad : 660 Zoo of Alnr; uaweajBe; ue.& qng :; uawyaelyy 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. Trafficldng Victim Protection Act of 2000, the