Fort Walton Beach Council agenda — 10-09-12 regular-with petitions — reading text

of the Immigration and Nationality Act ("INK). 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. 34. 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 subgrant 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, 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; 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 Page 12 SFY2013  6ulpun j 3uejo 6ugde3aV - LZ- Zi,OZ : £ 860 uogeollddy tueu9- mo -9vr :tuawgne3JV 0 Edward Byrne Memorial Justice Assistance Grant (JAG) Program n Florida Department of Law Enforcement o.a employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal Yry o. grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, " Disclosure of Lobbying Activities," in accordance with its instructions; 3) The undersigned shall require that the language of this certification be included in the 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 adult facility or detention center owned and /or operated by city, county, or municipality. It does not include juvenile detention centers. " Pay -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 offenders 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 assessmentlmpact 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. b. 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. SFY 2013 Page 14  6ulpun j 1ue,,D eupdaooy- LZ- ZtOZ : ENO uo0eollddy 1uej9- M3-E) Vr quawgoeuv ar Edward Byrne Memorial Justice Assistance Grant ( JAG) Program Florida Department of Law Enforcement a Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible Yu adverse health, safety and environmental impacts from any of clandestine a 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 site( s) 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, property 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 interagency 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 ( it) coordination with the responsible party, property owner, or others to ensure that any residual contamination is ramediated, 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; ( it) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest