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16. <br /> <br />17. <br /> <br />18. <br /> <br />19. <br /> <br />20. <br /> <br />A stipulation that as a condition for the award, of the contract <br />prompt notice will be given of any notification received from the <br />Director, Office of Federal Activities, EPA, indicating that a <br />facility utilized or to be utilized for the contract is under <br />consideration to be listed on the EPA list of Violating Facilities. <br /> <br />Agreement by the Contractor that he will include or cause to be <br />included the criteria and requirements in paragraphs A through D of <br />this section in every nonexempt subcontract and requiring that the <br />Contractor will take such action as the Government may direct as <br />means of enforcing such provisions. <br /> <br />In no event shall any amount of the assistance provided under this <br />Agreement be utilized with respect to a facility which has given rise <br />to a conviction under Section 113(c) (1) of the Clean Air Act or <br />Section 30(c) of the Federal Water Pollution Control Act. <br /> <br />Historic Preservation. This Agreement is subject to the requirements of <br />P.L. 89-665, the Archaeological and Historic Preservation Act of 1974 (P.L. <br />93-291), Executive Order 11593, and the procedures prescribed by the <br />Advisory Council on Historic Preservation in 36 CFR part 800. The County <br />must take into account the effect of a project on any district, site, <br />building, structure, or object listed in or found by the Secretary of the <br />Interior, pursuant to 35 CFR Part 800, to be eligible for inclusion in the <br />National Register of Historic Places, maintained by the National Park <br />Service of the U.S. Department of Interior, and must make every effort to <br />eliminate or minimize any adverse effect on a historic property. <br /> <br />Architectural Barriers. This Agreement is subject to the requirements of <br />the Architectural Barriers Act of 1968 (42 U.S.C. 4151) 'and its <br />regulations. Every building or facility (other than a privately owned <br />residential structure) designed, constructed, or altered with ESGP funds <br />must comply with the requirements of the "American Standards Specifications <br />for Making Buildings and Facilities Accessible to, and Usable by, the <br />Physically Handicapped" number A-117.1-R1971, subject to the exception <br />contained in 41 CFR Subpart 101-19-604. <br /> <br />Lead-Based Paint. This Agreement is subject to the Lead-Based Paint <br />Poisoning Prevention Act (42 U.S.C. 4831 et seq.,) and the Lead-Based Paint <br />Regulations (24 CFR Part 35). The use of lead-based paint is prohibited <br />whenever ESGP funds are used directly or indirectly for the construction, <br />rehabilitation, or modernization of residential structures. Immediate <br />lead-based paint hazards existing in residential structures assisted with <br />Block Grant funds must be eliminated, and purchasers and tenants of <br />assisted structures constructed prior to 1950 must be notified of the <br />hazards of lead-based paint poisoning. <br /> <br />Acquisition and Relocatinq. The County agrees to comply with the <br />relocation requirements of Title ii and the acquisition requirements of <br />Title III of the Uniform Relocation Assistance and Real Property <br />Acquisition Policies Act of 1970 a~d implementation regulations in 49 CFR <br />24 as they apply to the activities covered by this Agreement. <br /> <br />.proDert¥ DisDosition. The County shall notify the City in a timely fashion <br />of any modification or change in the use of the property from that planned <br />at the time of improvement including disposition; and <br /> <br />ae <br /> <br />The County shall reimburse the City in an.amount equal to the current <br />fair market value (less any portion thereof attributable to <br />expenditures of non-ESGP funds) of property improved with ESGP funds <br />that is sold or transferred for a use which does not qualify under <br />the ESGP regulations; and <br /> <br />The proceeds from the disposition of or transfer of real property <br />improved with ESGP funds shall be considered program income and <br />subject to Attachment E of OMB Circular A-102 and Section 5 of this <br />Agreement. <br /> <br />5 <br /> <br /> <br />