Exhibit_G_Federal_Provisions.pdf

ATTACHMENT D-1

FEDERAL PROVISIONS APPLICABLE TO SUBRECIPIENT

The Project subject to this Agreement is fully or partially funded by Federal grants and therefore, the Subrecipient will be required to comply with the following provisions:

1. Dl'ug Fl'ee \Vorkplace Requirements: All Subrecipients and contractors entering into Federal funded contracts over the simplified acquisition threshold (as defined at 41 U.S.C. § 134) must comply with theDrug FreeWorkplaceAct ofl988(41 U.S.C.8102), which requires the Subrecipient to take certain actions to provide a drug-free workplace.

2. Davis-Bacon Act: If applicable, the Subrecipient agrees to comply with all provisions of the Davis Bacon Act as amended (40 U.S.C. §§ 3141-3144 and 3136-3148), and to require all of its contractors performing work under this Agreement to adhere to same. The Subrecipient and its contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

In addition, the Subrecipient and its contractors are required to pay wages not less than once a week. If the grant award contains Davis Bacon provisions, the Subrecipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in the solicitation documents. The decision to award a contract shall be conditioned upon the acceptance of the wage determination. The Subrecipient shall report all suspected or reported violations of the Davis-Bacon Act to the Consortium.

3. Copeland Anti Kick Back Act: Subrecipient and its contractors shall comply with all the requirements of the Copeland Anti-Kickback Act (18 U.S.C. § 874 and 40 U.S.C. § 3145, as supplemented by Department of Labor regulations at 29 CFR Part 3), which are incorporated by reference to this Agreement. Subrecipient and its contractors are 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 or she is otherwise entitled.

4. Contract \Vork Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708):

Where applicable, all contracts awarded in excess of $100,000 that involve the employment of mechanics or laborers must be in compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. § 3702 of the Act each contractor is 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 one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must 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.

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DAVIS BACON ACT DOES NOT APPLY TO THIS PROCUREMENT

Exhibit G

5. Debarment and Suspension (Executive Orders 12549 and 12689): A contract award (see 2 CFR 180.220) must not be made under this Agreement to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the 0MB guidelines at 2 CFR part 180 that implement Executive Orders 12549 ( 3 CFR part 1986 Comp. p. 189) and 12689 (3 CFR part 1989 Comp., p. 235) Debam1ent and Suspension. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The contractor shall certify compliance. The Subrecipient further agrees to include a provision requiring such compliance in its lower tier covered transactions and subcontracts, which shall read as follows:

Applicants or bidders for a lower tier covered transaction (except procurement contracts for goods and services under $25,000 not requiring the consent of a Council official) are subject to 2 C.F.R.

Part 180, "OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension (Nonprocurement)." In addition, applicants or bidders for a lower tier covered transaction for a subaward, contract, or subcontract greater than $100,000 of Federal funds at any tier are subject to relevant statutes, including among others, the provisions of 31 U.S.C. 1352, as well as the common rule, "New Restrictions on Lobbying," published at 55 FR 6736 (February 26, 1990), including definitions, and the Office of Management and Budget "Govemmentwide Guidance for New Restrictions on Lobbying," and notices published at 54 FR 52306 (December 20, 1989), 55 FR 24540 (June 15, 1990), 57 FR 1772 (January 15, 1992), and 61 FR 1412 (January 19, 1996)

6. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352): Subrecipients that apply or bid for an award exceeding $100,000 must file the required certification, attached hereto as Attachment D-4. 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 must 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 non-Federal award.

7. 501(c)(4) Entities. The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seq.), prohibits any organization described in Section 50l(c)(4) of the Internal Revenue Code that engages in lobbying activities, from receiving federal funds, including through an award, grant, and/or subgrant. Subrecipient shall ensure that its contractors and sub-awardees comply with this requirement.

8. Federal Changes: Subrecipient shall comply with all applicable Federal agency regulations, policies, procedures and directives, including without limitation those listed directly

D-1-2 or by reference, as they may be amended or promulgated from time to time during the term of the contract.

9. Safeguarding Personal Identifiable Information: Subrecipient and its contractors and subawardees will take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive by the awarding agency or is considered sensitive consistent with applicable Federal, state and/or local laws regarding privacy and obligations of confidentiality.

10. Energy Polley and Consen1atlon Act (43 U.S.C. §6201): Contracts shall comply with mandatory standards and policies relating to energy efficiency, stating in the state energy conservation plan issued in compliance with the Energy Policy and Conservation act.

(Pub. L. 94-163, 89 Stat. 871) [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995].

11. Right to Inventions Under Federal Grants. If applicable, Subrecipient shall comply with the requirements of 37 C.F.R. 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.

12. Equal Employment Opportunity (As per 2 CFR Part 200, Appendix Il(C); 41 CFR § 61-1.4; 41 CFR § 61-4.3; Executive Order 11246 as amended by Executive Order 11375):

Applicability: except as otherwise provided under 41 CFR Part 60, applies to all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3.

Requirement: During the performance of this Agreement the Subrecipient agrees as follows, and shall impose all such requirements on its contractors and subcontracts as applicable. The term "Subrecipient," as used herein, shall also apply to all of Subrecipient's contractors and subcontractors performing work on the Project.

( 1) The Subrecipient will not discriminate against any employee or applicant for employment because of race, color religion, sex, or national origin. The Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause;

(2) The Subrecipient will. in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin;

(3) The Subrecipient will not discharge or in any other manner discriminate against any employee

D-1-3 or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint orcharge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Subrecipient's legal duty to furnish infonnation.

( 4) The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining Contract or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Subrecipient's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment;

(5) The Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor;

( 6) The Subrecipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will penuit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.;

(7) In the event of the Subrecipient's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders this contract may be canceled, terminated, or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by rule, regulation, or order of the Secretary of Labor or as otherwise provided by law.;

(8) Subrecipient will include the portion of the sentence inunediately preceding paragraph ( 1) and the provisions of paragraphs ( 1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub-contractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however. that in the event a Subrecipient becomes involved in, or is threatened with litigation with a contractor or sub-contractor or vendor as a result of such direction by the administering agency, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States.

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The Subreclplent shall include the following language in all solicitations for construction services In excess of $10,000 under this Agreement:

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246).

THE OFFEROR'S OR BIDDER'S ATTENTION IS CALLED TO THE "EQUAL

OPPORTUNITY CLAUSE" AND THE 0STANDARD FEDERAL EQUAL EMPLOYMENT

SPECIFICATIO S" SET FORTH HEREIN. THE GOALS AND TIMETABLES FOR

MINORITY AND FEMALE PARTICIPATION, EXPRESSED IN PERCENTAGE TERMS FOR

THE CONTRACTOR'S AGGREGATE WORKFORCE IN EACH TRADE ON ALL

CO STRUCTION WORK IN THE COVERED AREA, ARE AS FOLLOWS:

TIME

TABLES

GOALS FOR MINORITY

PARTICIPATION FOR EACH

TRADE

10.65_% (TO BE

INSERTED SUBRECIPIENT)

GOALS FOR FEMALE

PARTICIPATION IN EACH

TRADE

% (TO BE INSERTED BY

BY

STJRRECTPTENT)

IN ACCORDANCE ·wJTH FLORIDA IN ACCORDANCE WITH FLORIDA

STATUTES SECTION 287 0945 NO11CE STATUTES, SECTION 287.0945,

' • - ' , NOTICE OF PROCURMENTOF PROCUR.MENT OPPORTUNin IS OPPORTUNITY IS SENT TO THESENT TO THE DEPARTMENT OF DEPARTAfENT OF MANAGEMENTMANAGEMENT SERVJC�S, OFFICE OF SERVICES, OFFICE OF SUPPLIERSUPPLIER DIVERSin INFOR.Af/NG DIVERSin" INFORMING THEM OFTHEM OF THE PROCUREMENT AND THE PROCUREMENT AND REQUESTING lliEM TO NOTIIFY REQUESTING THEM TO NOTIIFYTHEIR VENDORS. THEIR VENDORS.

THESE GOALS ARE APPLICABLE TO ALL THE CONTRACTOR'S CONSTRUCTION

WORK (WHETHER OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED) PERFORMED

IN THE COVERED AREA. IF THE CONTRACTOR PERFORMS CONSTRUCTION WORK

IN A GEOGRAPHICAL AREA LOCATED OUTSIDE OF THE COVERED AREA, IT SHALL

APPLY THE GOALS ESTABLISHED FOR SUCH GEOGRAPHICAL AREA WHERE THE

WORK IS ACTUALLY PERFORMED. WITH REGARD TO THIS SECOND AREA, THE

CONTRACTOR ALSO IS SUBJECT TO THE GOALS FOR BOTH ITS FEDERALLY

INVOLVED AND NONFEDERALL Y INVOLVED CONSTRUCTION.THE CONTRACTOR'S

COMPLIANCE WITH THE EXECUTIVE ORDER AND THE REGULATIONS IN 41 CFR

PART 60-4 SHALL BE BASED ON ITS IMPLEMENTATION OF THE EQUAL

OPPORTUNITY CLAUSE, SPECIFIC AFFIRMATIVE ACTION OBLIGATIONS REQUIRED

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BY THE SPECIFICATIONS SET FORTH IN 41 CFR 60-4.3(A) AND ITS EFFORTS TO MEET

THE GOALS. THE HOURS OF MINORITY AND FEMALE EMPLOYMENT AND

TRAINING MUST BE SUBSTANTIALLY UNIFORM THROUGHOUT THE LENGTH OF

THE CONTRACT, AND IN EACH TRADE, AND THE CONTRACTOR SHALL MAKE A

GOOD FAITH EFFORT TO EMPLOY MINORITIES AND WOMEN EVENLY ON EACH OF

ITS PROJECTS. THE TRANSFER OF MINORITY OR FEMALE EMPLOYEES OR

TRAINEES FROM CONTRACTOR TO CONTRACTOR OR FROM PROJECT TO PROJECT

FOR THE SOLE PURPOSE OF MEETING THE CONTRACTOR'S GOALS SHALL BE A

VIOLATION OF THE CONTRACT, THE EXECUTIVE ORDER AND THE REGULATIONS

IN 41 CFR PART 60-4. COMPLIANCE WITH THE GOALS WILL BE MEASURED AGAINST

THE TOTAL WORK HOURS PERFORMED.

THE CONTRACTOR SHALL PROVIDE WRITTEN NOTIFICATION TO THE DIRECTOR

OF THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS WITHIN 10

WORKING DAYS OF A WARD OF ANY CONSTRUCTION SUBCONTRACT IN EXCESS

OF $10,000 AT ANY TIER FOR CONSTRUCTION WORK UNDER THE CONTRACT

RESULTING FROM THIS SOLICITATION. THE NOTIFICATION SHALL LIST THE NAME,

ADDRESS AND TELEPHONE NUMBER OF THE SUB-CONTRACTOR; EMPLOYER

IDENTIFICATION NUMBER OF THE SUB-CONTRACTOR; ESTIMATED DOLLAR

AMOUNT OF THE SUBCONTRACT; ESTIMATED STARTING AND COMPLETION

DATES OF THE SUBCONTRACT; AND THE GEOGRAPHICAL AREA IN WHICH THE

SUBCONTRACT IS TO BE PERFORMED.

AS USED IN THIS NOTICE, AND IN THE CONTRACT RESULTING FROM THIS

SOLICITATION, THE "COVERED AREA" IS (INSERT DESCRIPTION OF THE

GEOGRAPHICAL AREAS fVHERE THE CONTRACT IS TO BE PERFORMED GIVING THE

STATE, COUNTT AND CITY, IF ANY).

13. Mandatory Disclosures (2 CFR 200.113). The non-Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Non-Federal entities that have received a Federal award including the term and condition outlined in appendix XII to this part are required to report certain civil, criminal or administrative proceedings to SAM (currently F APIIS). Failure to make required disclosures can result in any of the remedies described in§ 200.339.

14. Domestic preferences for procurements (2 CFR 200.322).

(a) As appropriate and to the extent consistent with law, the Subrecipient should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

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(b) For purposes of this section:

(I) .. Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) .. Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

15. Trafficking Victims Protection Act (2 CFR Part 175)

The Subrecipient shall include adhere to the the following and shall include the following language in all subawards if funding could be provided to a private entity under such subaward, as defined below:

I. Trafficking in persons.

a. Provisions applicable to a recipient that is a private entity.

I. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not -

i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;

ii. Procure a commercial sex act during the period of time that the award is in effect; or

iii. Use forced labor in the performance of the award or subawards under the award.

2. We as the awarding/subawarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity -

i. Is determined to have violated a prohibition in paragraph a. I of this award term; or

ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a. I of this award term through conduct that is either -

A. Associated with performance under this award; or

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B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at [agency must insert reference here to its regulatory implementation of the 0MB guidelines in 2 CFR part 180 (e.g., "2 CFR part XX")].

b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty if a subrecipient that is a private entity -

1. Is determined to have violated an applicable prohibition in paragraph a. l of this award term; or

2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a. l of this award term through conduct that is either -

i. Associated with performance under this award; or

ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at [agency must insert reference here to its regulatory implementation of the 0MB guidelines in 2 CFR part 180 (e.g., "2 CFR part XX")].

c. Provisions applicable to any recipient.

l. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a. l of this award term.

2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:

i. Implements section l 06(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and

ii. Is in addition to all other remedies for noncompliance that are available to us under this award.

3. You must include the requirements of paragraph a. I of this award term in any subaward you make to a private entity.

d. Definitions. For purposes of this award term:

1. "Employee" means either:

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i. An individual employed by you or a subrecipient who is engaged m the performance of the project or program under this award; or

ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.

2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

3. "Private entity":

i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25.

ii. Includes:

A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR l 75.25(b).

B. A for-profit organization.

4. "Severe fom1s of trafficking in persons," "commercial sex act " and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).

16. No Obligation By Federal Government. The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to the Consortium, Subrecipient, or any other party pertaining to any matter resulting from this Agreement.

1 7. Federal Agency Seals, Logos and Flags. The Subrecipient. shall not use any Federal Agency seal(s ), logos, crests, or reproductions of flags or likenesses of any federal agency officials without specific federal agency pre-approval.

18. Federal Awardee Performance and Integrity Information System (FAPIIS)( The Duncan Hunter National Defense Authorization Act of 2009 (Public Law 110-417 and 2 CFR Part 200 Appendix XII)). The Subrecipietn shall update the information in the Federal Awardee Perfom1ance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of this contract, by posting the required information in the System for Award Management via https://www.sam.gov.

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19. Prohibition On Certain Telecommunications And Video Surveillance Services Or Equipment (2 CFR § 200.216): Subrecipient and any subcontractors are prohibited to obligate or spend grant funds to: ( 1) procure or obtain, (2) extend or renew a contract to procure or obtain;

or (3) enter into a contract to procure or obtain equipment, services. or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Pub. L. 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation ( or any subsidiary or affiliate of such entities). i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by or otherwise, connected to the government of a covered foreign country.

20. Never Contract With The Enemy (2 CFR Part 183). Subrecipient must exercise due diligence to ensure that none of the funds, including supplies and services, received are provided directly or indirectly (including through subawards or contracts) to a person or entity who is actively opposing the United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, which must be completed through 2 CFR 180.300 prior to issuing a subcontract.

21. Build America, Buy America Act (Pub. L. No. 117-58). To the extent it is determined to be applicable by the RESTORE Council, Subrecipient shall comply with the "Buy America" requirements contained in Section 70914 of Pub. L. o 117-58/.

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ATTACHMENT D-2

FEDERAL NON-DISCRil\UNATION PROVISIONS

In perfonning under this Agreement, Subrecipient shall comply with the following federally mandated non-discrimination requirements, as applicable:

1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.)

2. Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.)

3. Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. §§ 12101 et seq.)

4. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794)

5. Revised ADA Standards for Accessible Design for Construction Awards

a. Title II of the Americans with Disabilities Act (ADA) (28 C.F .R. part 35;

75 FR 56164, as amended by 76 FR 13285)

b. Title III of the ADA (28 C.F.R. part 36; 75 FR 56164, as amended by 76

FR 13286)

6. Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.)

7. Parts II and III of EO 11246, .. Equal Employment Opportunity/' (30 FR 12319, 1965), as amended by EO 11375 (32 FR 14303, 1967)

8. EO 12086 "Consolidation of contract compliance functions for equal employment opportunity" ( 43 FR 46501, 1978), requiring federally assisted construction contracts to include the non-discrimination provisions of § § 202 and 203 of EO 11246 "Equal Employment Opportunity" ( 41 C .F .R. § 60-1.4(h ), 1991)

9. EO 13166 (August 11, 2000), .. Improving Access to Services for Persons With Limited English Proficiency"

10. Pilot Program for Enhancement of Employee Whistleblower Protections. The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013 (Pub. L. No. 112-239, enacted January 2, 2013 and codified at 41 U.S.C. § 4712)

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ATTACHMENT D-3

ENVIRONMENT AL COMPLIANCE

In perfonning under this Agreement, Subrecipient shall comply with all of the federal environmental statutes. regulations, and executive orders listed below, as applicable:

I. The National Environmental Policy Act (42 U.S.C. § 4321 et. seq.)

2. The Endangered Species Act (16 U.S.C. § 1531 et seq.)

3. Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. § 1801 et seq.)

4. Clean Water Act Section 404 (33 U.S.C. § 1344 et seq.)

5. The Migratory Bird Treaty Act (16 U.S.C. §§ 703-712); Bald and Golden Eagle Protection Act (16 U.S.C. § 668 et seq.), and Executive Order o. 13186, Responsibilities of Federal Agencies to Protect Migratory Birds

6. National Historic Preservation Act (54 U.S.C. § 300101 et seq.) and the Advisory Council on Historic Preservation Guidelines (36 CFR part 800)

7. Clean Air Act (42 U.S.C. § 7401 et seq.), Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) (Clean Water Act), and Executive Order 11738 ("Providing for administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal contracts, grants or loans")

8. The Flood Disaster Protection Act (42 U.S.C. § 4002 et seq.)

9. Executive Order 11988 ("Floodplain Management' ) and Executive Order 11990 (' Protection of Wetlands")

10. Executive Order 13112 ("Invasive Species")

11. The Coastal Zone Management Act (16 U.S.C. § 1451 et seq.)

12. The Coastal Barriers Resources Act (16 U.S.C. § 3501 et seq.)

13. The Wild and Scenic Rivers Act (16 U.S.C. § 1271 et seq.)

14. The Safe Drinking Water Act (42 U.S.C. § 300 et seq.)

15. The Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.)

16. The Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) (42 U.S.C. § 9601 et seq.)

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17. Executive Order 12898 ( .. Environmental Justice in Minority Populations and Low Income Populations")

18. Rivers and Harbors Act (33 U.S.C. § 407)

19. Marine Protection, Research and Sanctuaries Act (Pub. L. 92-532, as amended), National Marine Sanctuaries Act (16 U.S.C. § 1431 et seq.), and Executive Order 13089 ( .. Coral Reef Protection")

20. Farmland Protection Policy Act (7 U.S.C. 4201 et seq.)

21. Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.)

22. Pursuant to 2 CFR §200.322, Subrecipient and its contractors must comply with Section 6002 of the Solid \Vaste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $1 0,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

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