Fort Walton Beach Resolution — 2013-35--FDLE — reading text

JAG Standard Conditions Page 12 of 22 Rev. 09/ 2013  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 1), state and local government services and transportation ( Title II), public accommodations ( Title III), 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 providing language services to LEP individuals, please see the website at w . Iep. aov. 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 SFY2014 JAG Standard Conditions Page 13 of 22 Rev. 09/ 2013  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 w . oip.gov /about/ ocr /equal 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 subgrant funds. That is, it applies as long as the activity is being conducted by the subgrant recipient or any third parry 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 agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice at v . bia. 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 SFY2014 JAG Standard Conditions Page 14 of 22 Rev. 09/ 2013  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. 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. 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