Fort Walton Beach Resolution — 2013 -04 FDLE--traffic homicide — reading text

award documents for all subawards at all tiers ( including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subgrant recipients shall certify and disclose accordingly. 37. State Restrictions on Lobbying In addition to the provisions contained in Item 36, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 38. Additional Restrictions on Lobbying The subgrant recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. 39. " Pay— to— Stay" Funds from this award may not be used to operate a " pay -to- stay" program in any local jail. Furthermore, no funds may be given to local jails that operate ' pay-to -stay" programs. " Local jail,' as referenced in this condition, means an adultfacility or detention center owned and /or operated by city, county, or municipality. It does not include juvenile detention centers. Fay-to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and /or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 40. 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. It. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to ( 1) the law enforcement and other governmental personnel involved; ( 2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; ( 3) the seized laboratory site' s immediate and surrounding environment of the site( s) where any remaining chemicals, equipment, and waste from a seized laboratory' s operations are placed or come to rest. Page 14 SFY 2013  Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will ( 1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and ( 3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. 1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; 2) Provide Occupational Safety and Health Administration ( OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; 3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; 4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; 5) Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the sites) of each seized clandestine laboratory; 6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; 7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6 immediately above in order to ensure proper compliance, 8) Have in place and implement an inter -agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's ( i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and ( ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remedlated, if necessary, and In accordance with existing State and Federal requirements; and 9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can ( i) respond to the potential health needs of any minor at the site; ( ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; ( iii) ensure immediate medical testing for methamphetamine toxicity; and ( iv) arrange for any follow -up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 41. The Coastal Barrier Resources Act The subgrant recipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P. L. 97 -348) dated October 19, 1982 ( 16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. Page 15 SFY 2013  Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 42. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime In the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 43. Environmental Protection Agency' s ( EPA) list of Violating Facilities The subgrant recipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 44. Flood Disaster Protection Act The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Stall. 975, requiring that the purchase of Flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special Flood hazards. 45. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 ( 16 U. S. C. § 470), Ex. Order 11593 ( identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 ( 16 U. S. C. § 469 a -1 at seq.), and the National Environmental Policy Act of 1969 (42 U. S. C. § 4321). 46. Human Research Subjects Subgrant recipient agrees to comply with the requirements of 28 C. F. R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval. if appropriate, and subject informed consent. 47. Global Standards Package In order to promote information sharing and enable interoperability, among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOTS Global Justice Information Sharing Initiative ( DOD' s Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: www it io qo / aso ara tcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 48. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by FDLE. Page 16 SFY2013  Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 49. Privacy