Fort Walton Beach Resolution — 2023-05 Accepting FDLE Grant for Dive Equipment — reading text

Debarment and Suspension - The recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 C. F. R. § 180, " OMB Guidelines To Agencies On Governmentwide Debarment And Suspension ( Non- procurement)". These procedures require the 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 award is 100, 000 or more, the sub recipient and implementing agency certify that they and their principals: 1) 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 Page 12 of 26  department or agency; 2) 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; 3) 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 ( a)( ii) of the "Lobbying, Debarment and Drug Free Workplace" certification; and 4) 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. 5.0_ Federal Restrictions on Lobbying- In general, as a matter of federal law, federal funds may not be used by any recipient or subrecipient at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U. S. C. § 1913. Another federal law generally prohibits federal funds from being used by any recipient or subrecipient at any tier, to pay any person to influence ( or attempt to influence) a federal agency, a Member of Congress, or Congress( or an official or employee of any of them) with respect to the awarding of a federal award or cooperative agreement, subaward, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U. S. C. § 1352. 7. 0 State Restrictions on Lobbying - In addition to the provisions contained above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this agreement. 8.0 Additional Restrictions on Lobbying - The 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. 9. 0 " 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 an offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 10.0 The Coastal Barrier Resources Act- The recipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act( P. L. No. 97- 348) dated October 18, 1982( 16 USC 3501 et seq.) which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 11. 0 Background Check- Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of§ 435, F. S. shall apply. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. Such background investigations shall be conducted at the expense of the employing agency or employee. 12.0 Confidentiality of Data- The recipient( or subrecipient at any tier) must comply with all confidentiality requirements of 34 U. S. C.§ 10231 and 28 C. F. R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate in accordance with the requirements of 28 C. F. R. Part 22 and, in particular, 28 C. F. R. 22.23. Privacy Certification forms must be signed by the recipient chief official or an individual with formal, written signature authority for the chief official. 13.0 Conferences and Inspection of Work- Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U. S. Department of Justice, or the Auditor General of the State Page 13 of 26  of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 14. 0 Insurance for Real Property and Equipment- The recipient must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non- Federal entity. 15.0 Flood Disaster Protection Act- The sub 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. 16.0 General Appropriations Restrictions — The recipient must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes as set forth in the Consolidated Appropriations Act, 2018. 17.0 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 1324( a), Section 274( A) of the Immigration and Nationality Act(" INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274(A) of the INA. Such violation by the recipient of the employment provisions contained in Section 274( A) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 18.0 For NCHIP& NARIP: Enhancement of Security- If funds are used for enhancing security, the recipient must: 1) 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. 2) Conduct such an assessment with respect to each such enhancement; and submit to the Department the aforementioned assessment in its Final Program Report. 19. 0 Personally Identifiable Information Breaches — The recipient ( or subrecipient at any tier) must have written procedures in place to respond in the event of actual or imminent" breach" ( OMB M- 17- 12) if it: 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of" personally identifiable information( PII)" within the scope of an OJP award- funded program or activity, or 2) uses or operates a" federal information system" OMB Circular A- 130). The recipient' s breach procedures must include a requirement to report actual or imminent breach of PII to FDLE' s Office of Criminal Justice Grants for subsequent reporting to the OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. SECTION II: CIVIL RIGHTS REQUIREMENTS 1. 0 Participant Notification of Non- discrimination FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability or age in the delivery of services, benefits or in employment. 2. 0 Title VI of the Civil Rights Act of 1964 - The recipient or subrecipient at any tier, must comply with all applicable requirements of 28 CFR § 42, specifically including any applicable requirements in Subpart E that relate to an equal employment opportunity program. Equal Employment Opportunity Certification ( EEOC)— The recipient must submit an EEO Certification annually within 120 days of award. Equal Employment Opportunity Program ( EEOP)— The recipient and/ or implementing agency must comply with all applicable requirements in 28 C. F. R. § 42, Subpart E. Recipients are advised to use the Office for Civil Rights EEO Reporting Tool to satisfy this condition https.// oi n. qov/ a bout/ocr/eeop. htm). 3. 0 Title IX of the Education Amendments of 1972 If the recipient operates an education program or activity, the recipient must comply with all applicable requirements of 28 C. F. R. § 54, " Nondiscrimination on the basis of sex in education programs or activities receiving federal financial assistance." Page 14 of 26  4.0 Partnerships with Faith-Based and other Neighborhood Organizations The recipient or subrecipient at any tier, must comply with all applicable requirements of 28 C. F. R.§ 38," Partnerships with Faith- Based and other Neighborhood