Fort Walton Beach Resolution — 2008-18-Acceptance of 07/08 Byrne Grant — reading text

agency is prohibited under this contract. 40. Additional Restrictions on Lobbying 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 OJP. 41. " 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 offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. 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 subgrantee 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 subgrantee 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, SFY 2008 Page 12 Rule Reference 11 D-9.006 OCJG- 005 (rev. October 2005)  Edward Byrne Memorial Justice Assistance Grant ( JAG) Program Florida Department of Law Enforcement 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 form a seized laboratory' s operations are placed or come to rest. Therefore, the subgrantee 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 subgrantee 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 subgrantee 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 subgrantee 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 t9 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, 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 State environmental agency that provides for that agency' s ( i) timely responsible 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 remediated, if necessary, and in accordance with existing State and Federal requirements; and 9) Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the health needs of any offender( s)'children or other children present or living at potential the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. SFY 2008 Page 13 Rule Reference 11 D-9.006 OCJG- 005 (rev. October 2005)  Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 43. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U. S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document can be accessed on the Internet at www. lep.gov, or by contacting OJP' s Office for Civil Rights at ( 202) 307-0690, or by writing to the following address: Office for Civil Rights Office of Justice Programs U. S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 44. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of 97-348) dated October 19, 1982 ( 16 USC 3501 et seq.) the Coastal Barrier Resources Act ( P. l. which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. 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. 46. Environmental Protection Agency' s ( EPA) list of Violating Facilities The subgrantee 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. 47. Flood Disaster Protection Act The subgrantee will comply with Section 102( a) of the Flood Disaster Protection Act of 1973, Public Law 93- 234, 87 Stat. 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. 48. National Historic Preservation Act The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended ( 16 USC 470), Executive Order 11593, and the SFY 2008 Page 14 Rule Reference 11D- 9.006 OCJG- 005 (rev. October 2005)  Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Archeological and Historical Preservation Act of 1966 ( 16 USC 569a- 1 et seq.) by ( a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects ( see 36 CFR Part 800.8) by the activity, and notifying the Department of the existence of any such properties and by ( b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 49. Omnibus Crime Control and Safe Streets Act The subgrantee will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program