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Okaloosa County BOCC — September 1, 2015 — Safe Connections Edward Byrne Grant Application FY 2015 — reading text
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recipient.
h. If the subgrant recipient or any of its employees, contractors, vendors, or program
beneficiaries has a discrimination complaint, they may file a complaint with the subgrant
recipient, with FDLE or with the Office for Civil Rights. Discrimination complaints may be
submitted to FDLE at Office of the Inspector General , Post Office Box 1489, Tallahassee,
Florida 32302-1489 or online at info@fdle.state.fl.u&, Discrimination complaints may also be
submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of
Justice , 810 7th Street, Northwest, Washington , D.C. 20531 , or by phone at (202) 307-0690.
i. The subgrant recipient must have procedures in place for responding to discrimination
complaints that employees and clients , customers, and program participants file directly with
the subgrant recipient.
j. The subgrant recipient must have written policies or procedures in place for notifying program
beneficiaries how to file complaints alleging discrimination by the subgrantee/implementing
agency with FDLE or the OCR.
k. Any discrimination complaints filed with FDLE will be reviewed by FDLE's Inspector General
and referred to the Office for Civil Rights, the Florida Commission on Human Relations , or the
Equal Employment Opportunity Commission , based on the nature of the complaint.
I. Americans with Disabilities Act
Subgrant recipients must comply with the requirements of the Americans with Disabilities Act
(ADA), Public Law 101 -336, which prohibits discrimination by public and private entities on
the basis of disability and requires certain accommodations be made with regard to
employment (Title I), state and local government services and transportation (Title II), public
accommodations (Title Ill), and telecommunications (Title IV).
m. Rehabilitation Act of 1973 (28 C.F.R. Part 42, Subpart G)
If the subgrant recipient has 50 or more employees and receives DOJ funding of $25,000 or
more, the subgrant recipient must take the following actions:
(1) Adopt grievance procedures that incorporate due process standards and provide for
the prompt and equitable resolution of complaints alleging a violation of the DOJ
regulations implementing Section 504 of the Rehabilitation Act of 1973, found at 28
C.F.R. Part 42 , Subpart G, which prohibit discrimination on the basis of a disability in
employment practices and the delivery of services.
(2) Designate a person to coordinate compliance with the prohibitions against disability
discrimination contained in 28 C.F.R. Part 42 , Subpart G.
(3) Notify participants , beneficiaries, employees , applicants, and others that the
subgrantee/implementing agency does not discriminate on the basis of disability.
n. Limited English Proficiency (LEP)
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights
Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take
reasonable steps to provide meaningful access to their programs and activities for persons
with LEP. For more information on the civil rights responsibilities that recipients have in
SFY2015 JAG Standard Conditions Page 13 of 23
Rev. 09/2014
providing language services to LEP individuals, please see the website at www.lep.gov.
FDLE strongly encourages subgrant recipients to have a written LEP Language Access Plan.
o. Title IX of the Education Amendments of 1972 (28 C.F.R. Part 54)
If the subgrant recipient operates an education program or activity, the subgrant recipient
must take the following actions:
(1) Adopt grievance procedures that provide for the prompt and equitable resolution of
complaints alleging a violation of the DOJ regulations implementing Title IX of the
Education Amendments of 1972, found at 28 C.F .R. Part 54, which prohibit discrimination
on the basis of sex.
(2) Designate a person to coordinate compliance with the prohibitions against sex
discrimination contained in 28 C.F.R. Part 54.
(3) Notify applicants for admission and employment, employees, students, parents, and
others that the subgrantee/implementing agency does not discriminate on the basis of
sex in its educational programs or activities .
p. Equal Treatment for Faith Based Organizations
The subgrant recipient agrees to comply with the applicable requirements of 28 C.F.R. Part
38, the Department of Justice regulation governing "Equal Treatment for Faith Based
Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation
provides in part that Department of Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction , or
proselytization. Recipients of direct grants may still engage in inherently religious activities,
but such activities must be separate in time or place from the Department of Justice funded
program , and participation in such activities by individuals receiving services from the grantee
or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that
organizations participating in programs directly funded by the Department of Justice are not
permitted to discriminate in the provision of services on the basis of a beneficiary's religion .
The subgrantee also understands and agrees that award funds may not be used to
discriminate against or denigrate the religious or moral beliefs of students who participate in
programs for which financial assistance is provided from the award, or the parent or legal
guardian of such students. Notwithstanding any other special condition of this award, faith-
based organizations may, in some circumstances, consider religion as a basis for
employment. See www.ojp.gov/about/ocr/egual fbo.htm .
34. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
this contract by the Department.
35. National Environmental Policy Act (NEPA)
a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National
Historic Preservation Act, and other related federal environmental impact analyses
requirements in the use of subgrant funds by the subgrant recipient. This applies to the
following new activities whether or not they are being specifically funded with these sub grant
funds. That is, it applies as long as the activity is being conducted by the subgrant recipient
or any third party and the activity needs to be undertaken in order to use these subgrant
funds , Accordingly, the subgrantee agrees to first determine if any of the following activities
will be funded by the grant, prior to obligating funds for any of these purposes. If it is
determined that any of the following activities will be funded by the grant, the grantee agrees
to contact FDLE OCJG .
SFY2015 JAG Standard Conditions Page 14 of 23
Rev. 09/2014
(1) New construction
(2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on
the National Register of Historic Places or (b) located within a 100-year flood plain ; a
wetland, or habitat for endangered species, or a property listed on or eligible for listing on
the National Register of Historic Places;
(3) A renovation , lease, or any other proposed use of a building or facility that will either (a)
result in a change in its basic prior use or (b) significantly change its size; and
(4) Implementation of a new program involving the use of chemicals other than chemicals
that are (a) purchased as an incidental component of a funded activity and (b)
traditionally used, for example, in office, household, recreational , or educational
environments.
(5) Implementation of a program relating to clandestine methamphetamine laboratory
operations, including the identification, seizure, or closure of clandestine
methamphetamine laboratories .
b. The subgrant recipient understands and agrees that complying with NEPA may require the
preparation of an Environmental Assessment and/or an Environmental Impact Statement, as
directed by the Bureau of Justice Assistance . The subgrant recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan , as detailed by the
Department of Justice at www.bja.gov/Funding/nepa.html , for programs relating to
methamphetamine laboratory operations.
c. For any of a subgrant recipient's existing programs or activities that will be funded by these
subgrants, the subgrant recipient, upon specific request from the Department and the U.S.
Department of Justice, agrees to cooperate with the Department of Justice in any preparation
by Department of Justice of a national or program environmental assessment of that funded
program or activity.
36. Mitigation of Health, Safety and Environmental risks dealing with Clandestine
Methamphetamine Laboratories
If an award is made to support methamphetamine laboratory operations the subgrant recipient
must comply with this condition, which provides for individual site environmental
assessment/impact statements as required under the National Environmental Policy Act.
a. General Requirement: The subgrant recipient agrees to comply with federal , state , and local
environmental, health and safety laws and regulations applicable to the investigation and
closure of clandestine methamphetamine laboratories and the removal and disposal of the
chemicals , equipment, and wastes used in or resulting from the operation of these
laboratories. The subgrant recipient also agrees to complete a Methamphetamine Mitigation
Plan (MMP) that includes the nine protective measures or components required by BJA and
submit the plan to FDLE's Office of Criminal Justice Grants.
b. Specific Requirements: The subgrant recipient understands and agrees that any program or
initiative involving the identification , seizure, or closure of clandestine methamphetamine
