Fort Walton Beach Council agenda — 01-11-05 - regular — reading text

By signing this agreement the recipient assures the Department of Agriculture that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. 11. Employees ofNRCS shall participate in efforts under this agreement solely as representatives of the NRCS. To this end, they shall not participate as directors, officers, employees, or otherwise serve or hold themselves out as representatives of the City of Ft.Walton Beach or any member of the City of Ft. Walton Beach. They also shall not assist the City ofFt.Walton Beach or any member the City of Ft. Walton Beach with efforts to lobby Congress, or to raise money through fundraising efforts. Further, NRCS employees shall report to their immediate supervisor any negotiations with the City of Ft.Walton Beach, or any member of the City of Ft.Walton Beach, concerning future employment and shall refrain from participation in efforts regarding such party until approved by the Agency. Employees of the recipient shall remain its employees while carrying out their duties under this agreement and shall not be considered as Federal United States employees or agents of the for any purpose under this agreement. 5 E. APPROVED: City of Ft.Walton Beach By: Signatory Official is authorized to make this commitment on behalf of the City of Ft. Title: Walton Beach Date: Signature) TIN: Date) UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE By: . Title: Date: Reviewed: 6  c) Are not presently indicted or otherwise criminally or civilly charged by a governmental entity ( Federal, State or local) with commission of any of the offenses enumerated in paragraph ( 1 )( b) of this certification; and d) Have not within a three- year period preceding this cooperative agreement had one or more public transactions ( Federal, State or local) terminated for cause or default. 2) Where the primary Sponsor is unable to certify to any of the statements of this certification, such prospective participant shall attach an explanation to this Agreement. IV. Clean Air and Water Certification ( Applicable if this agreement exceeds $ 100, 000, or a facility to be used has been the subject ofa conviction under the Clean Air Act (42 D.S. C. 1857c- 8( c)( I)) or the Federal Water Pollution 9 Control Act (33 D. S. C. 9 1319( c)) and is listed by EPA, or is not otherwise exempt.) The Sponsor signatory to this Agreement certifies as follows: a) Any facility to be utilized in the performance of this proposed agreement is _, is not listed on the Environmental Protection List Agency of Violating Facilities. b) To promptly notify the State or Regional Conservationist prior to the signing of this Agreement by the Service, of the receipt of any communication from the Director, Office of Federal Activities, D. S. Environmental Protection Agency, indicating any facility which he/ she proposes to use for the performance of the under agreement consideration to be listed on the Environmental Protection Agency List of Violating Facilities. c) To include substantially this certification, including this subparagraph ( c), in every nonexempt subagreement. Clean Air and Water Clause Applicable only if this agreement exceeds $ 100, 000, or a facility to be used has been the subject ofa conviction under the Clean Air Act (42 D. S. C. ~ 1857c- 8( c)( or the Federal Water Pollution Control Act (33 V.S. C. ~ 1)) 1319( c)) and is listed by EPA, or the not otherwise agreement is exempt.) A. The Sponsor agrees as follows: 1) To comply with all the requirements of section 114 of the Clean Air Act, as amended 42 V. S. C. ~ 1857, et seq., as amended by Public Law 91- 604) and section 308 of the Federal Water Pollution Control Act (33 D. S. C. ~ 1251, et seq., as amended Public Law 92- 500), by respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, an all regulations and guidelines issued thereunder before the signing of this Agreement by the Service. 2) That no portion of the work required by this Agreement will be performed in a facility listed on the Environmental Protection Agency List of the date when this Violating Facilities on Agreement was signed by the Service unless and until the EPA removes the name of such facility or facilities from such listing. 4  3) To use their best efforts to comply with clean air standards and clean water standards at the facilities at which the work under this Agreement is being performed. 4) To insert the substance of the provisions of this clause in any nonexempt sub agreement, including this subparagraph A. B. The terms used in this clause have the following meanings: 1) The term " Air Act" means the Clean Air Act, as amended ( 42 D. S. C. ~ 1857 et seq., as amended by Public Law 91- 604). 2) The term " Water Act" means the Federal Water Pollution Control Act, as amended 33 D. S. C. ~ 1251 et seq., as amended by Public Law 92- 500). 3) The term " clean air standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110( d) of the Clean Air Act (42 D. S. C. ~ 1857c- 5( d)), an approved implementation procedure or plan under section 111( c) or section 111( d), respectively, of the Air Act (42 D. S. C. ~ 1857c- 6( c) or ( d)), or an approved implementation procedure under section 112( d) of the Air Act (42 D. S. C. ~ 1857c- 7( d)). 4) The term " clean water standards" means any enforceable limitation, control, condition, prohibition, standards, or other requirement which is promulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act ( 33 D.S. C. ~ 1342), or by a local government to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (33 D.S. C. ~ 1317). 5) The term " compliance" meanscompliance with the clean air or water standards. Compliance shall also mean compliance with the schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection or any air or water Agency, pollution control issued pursuant thereto. 6) The term " facility" means any building, plant, installation, structure, mine, vessel or other floating craft, location or site of operations owned, leased or supervised by a Sponsor, to be utilized in the performance of an agreement or subagreement. Where a location or site of operations contains or includes more than one building, plant, installation, or structure,