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

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, 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, 6) 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 SFY2014 JAG Standard Conditions Page 15 of 22 Rev. 09/ 2013  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 federal and state 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. 37. Non -Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, " OMB Guidelines To Agencies On Governmentwide Debarment And Suspension ( Nonprocurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $ 100, 000 or more, the subgrant recipient and implementing agency certify that they and their principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public ( federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity ( federal, state, or local) with commission of any of the offenses enumerated in paragraph ( 1)( b) of this certification, and d. Have not within a three -year period preceding this application had one or more public transactions (federal, state, or local) terminated for cause or default. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, " New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Fonn, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $ 100, 000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than $ 10,000 and not more than $ 100, 000 for each failure to fi le. c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $ 100, 000, as defined at 28 CFR 69, the applicant certifies that SFY2014 JAG Standard Conditions Page 16 of 22 Rev. 09/ 2013  1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 the making of any federal 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. 39. 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. 40. 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. 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. 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 at seq.) which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 43. 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. SFY2014 JAG Standard Conditions Page 17 of 22 Rev. 09/ 2013 44. 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. 45. 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 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. 46. National Historic Preservation Act