Fort Walton Beach Council agenda — 01-08-13--regular — reading text

a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Stat. 975, approved December 31, 1976, Section 102( a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase " Federal financial assistance' includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 23. It will comply with the insurance requirements of Section 314, PL 93 -288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or constructed with this assistance. 24. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended ( 16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 ( 16 USC 569a -1 at seq.) by ( a) consulting with the Slate Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects ( see 36 CFR Part 800. 8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by ( b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 25. It will comply with all appropriate environmental laws, including but not limited to: a.) The Clean Air Act of 1955, as amended, 42 U. S. C. 7401 -7642. b.) The Clean Water Act of 1977, as amended, 42 U. S. C. 7419 -7626. c.) The Endangered Species Act of 1973, 16 U. S. C. 1531 - 1544. d.) The Intergovernmental Personnel Act of 1970, 42 U. S. C. 4728 -4763. e.) Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U. S. C. 4321 -4347. I.) The Wild and Scenic Rivers Act of 1968, 16 U. S. C. 1271 - 1287, related to protecting components or potential components of the national wild and scenic rivers system. g.) The Fish and Wildlife Coordination Act of 1958; 16 U. S. C. 661 -666. h.) Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U. S. C. 300f -300j, regarding the protection of underground water sources. i.) The provisions of the Coastal Barrier Resources Act F.L. 97 -348) dated October 19, 1982 ( 16 USC 3501 at seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 26. It will comply with the following Executive Orders: ED 11514 ( NEPA); ED 11738 (violating facilities); ED 11988 ( Floodplain Management); ED 11990 ( Wetlands); and ED 12898 ( Environmental Justice). 27. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100. 1; and all other applicable Federal laws, orders, circulars, or regulations. 28. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination /Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. Packet Pg' 5'  F82. 29. It will comply with Lead -Based Paint Poison Prevention Act (42 U. S. C.: 4821 el seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures. 30. It will comply with the Energy Policy and Conservation Act F.L. 94 -163; 42 U. S. C. 6201 -6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto. 31. With respect to demolition activities, it will: a.) Create and make available documentation sufficient to demonstrate that the Subgrantee and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. b.) Return the property to its natural state as though no improvements had ever been contained thereon. c.) Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in Subgrantee' s jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U. S. Environmental Protection Agency, the Florida Department of Environmental Protection and the county health Department. d.) Provide documentation of the inspection results for each structure to indicate: safety hazards present; health hazards present; and /or hazardous materials present. e.) Provide supervision over contractors or employees employed by Subgrantee to remove asbestos and lead from demolished or otherwise applicable structures. f.) Leave the demolished site clean, level and free of debris. g.) Notify the Grantee promptly of any unusual existing condition which hampers the contractors work. h.) Obtain all required permits. I.) Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site, and provide documentation of such closures. j.) Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan Issued in compliance with the Energy Policy and Conservation Act ( Public Law 94 -163). k.) Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U. S. C. 1857 ( h), Section 508 of the Clean Water Act ( 33 U. S. 1368), Executive Order 11738, and the U. S. Environmental Protection Agency regulations ( 40 CFR Part 15 and 61). This clause shall be added to any subcontracts. I.) Provide documentation of public notices for demolition activities. 32. It will comply, and all its contractors will comply, with the non -discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789( d), or Victims of Crime Act ( as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act ( ADA) ( 1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 33. It will require the facility to be designed to comply with the " American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped," Number A117. 1- 1961, as modified ( 41 CFR 101 - 17- 7031). The subgrantee will be responsible for conducting inspections to insure compliance with these specifications by the contractor. Packet Pg, 40  8. 2. a 34. It agrees to comply with Section 311, P. L. 93 -288 and with Title VI of the Civil Rights Act of 1964 F.L. 83 -352) and in accordance with Title VI of the Act, no person in the United Grantees shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the subgrantee receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the subgrantee, this assurance shall obligate the subgrantee, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. 35. It agrees to comply with Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff /termination, rates of pay or other forms of compensation; and election for training and apprenticeship. 36. It will comply with 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. 37. It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, ( 42 U. S. C. 4521- 45 -94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism. 38. It will comply with 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. 39. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 40. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $ 500, 000 or more. 41. DRUG -FREE WORKPLACE ( GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67. 615 and 67.