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

award, the recipient agrees to contact FDLE OCJG. 1) New construction; 2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain; a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; 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; 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; and 5) identification, Implementationseizure, of a program relating to clandestine methamphetamine laboratory operations, including the or closure of clandestine methamphetamine laboratories. The 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 recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice at https:// www. bia.gov/ Funding/ nepa. html, for programs relating to methamphetamine laboratory operations. 3. 0 National Historic Preservation Act—The Act will assist the Department( if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966( 16 U. S. C. § 470), Ex. Order 11593( identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 ( 16 U. S. C. § 469 a- 1 et seq.), and the National Environmental Policy Act of 1969 ( 42 U. S. C. § 4321). 4. 0 Human Research Subjects —The recipient agrees to comply with the requirements of 28 C. F. R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 5. 0 Disclosures Conflict of Interest- The recipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict Page 23 of 26  of interest, or personal gain. Recipients must disclose in writing any potential conflict of interest to FDLE ( the non- federal pass- through entity). Violations of Criminal Law- The recipient must disclose all violations of state or federal criminal law involving fraud, bribery or gratuity violations potentially affecting the award. 6. 0 Uniform Relocation Assistance and Real Property Acquisitions Act - The recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970( 42 U. S. C.§ 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs. 7. 0 Limitations on Government Employees Financed by Federal Assistance - The recipient will comply with requirements of 5 U. S. C. §§ 1501- 08 and §§ 7321- 26, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 8. 0 Funds to Association of Community Organizations for Reform Now ( ACORN) Unallowable - Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or award to either the Association of Community Organizations for Reform Now( ACORN) or its subsidiaries, without the express prior written approval of OJP. 9. 0 Text Messaging While Driving - Pursuant to Executive Order 13513, " Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 ( October 1, 2009), and § 316. 305, F.S., the recipient is encouraged to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 10.0 For JAG: DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database- If program funds will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System( CODIS), by a government DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other non-governmental DNA database without prior express written approval from BJA. For more information, refer to the NIJ FY 2012 DNA Backlog Reduction Program, available at: https:// www. ncirs. qov/pdffi les l/ nil/ s1001062. pdf. In addition, funds may not be used for purchase of DNA equipment and supplies when the resulting DNA profiles from such technology are not accepted for entry into CODIS( the National DNA Database operated by the FBI). 11. 0 Environmental Requirements and Energy- For awards in excess of$ 100, 000, the recipient must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act( 42 U. S. 0 85), section 508 of the Clean Water Act ( 33 U. S. C. 1368), Executive Order 11738, and Environmental Protection Agency regulations ( 40 CFR 1). The recipient must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act( Pub. L. 94- 163, 89 Stat. 871), if any. 12. 0 Other Federal Funds- The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this award, and those awards have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this award, the recipient will promptly notify, in writing the grant manager for this award, and, if so requested by OCJG seek a budget modification or change of project scope amendment to eliminate any inappropriate duplication of funding. 13.0 Trafficking in Persons - The recipient must comply with applicable requirements pertaining to prohibited conduct relating to the trafficking of persons, whether on the part of recipients, recipients or individuals defined as" employees" of the recipient. The details of the recipient and recipient obligations related to prohibited conduct related to trafficking in persons are incorporated by reference and posted at https:// oip.qov/ funding/ Explore/ ProhibitedConduct-Traffickinci. htm. 14. 0 Requirement of the Award; Remedies for Non- Compliance or for Materially False Statements: Any materially false, fictitious, or fraudulent statement to the Department related to this award ( or concealment or omission of a material fact) may be the subject of criminal prosecution( including under 18 U. S. C. §§ 1001, 1621, and/ or 34 U. S. C. 10272), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise including under 31 U. S. C. §§ 3729- 3730 and 3801- 3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or unenforceable; such provision shall be deemed severable from this award. Page 24 of 26 15. 0 Employment Eligibility Verification for Hiring Under This Award— The recipient must ensure that as part of the hiring process for any position that is or will be funded( in whole or in part) with award funds, the employment eligibility of the individual being hired is properly verified in accordance with the provisions of 8 U. S. C. 1324a( a)( 1) and( 2). 1) All persons who are or will be involved in activities under this award must be made aware of the requirement for verification of employment eligibility, and associated provisions of 8 U. S. C. 1324a(a)( 1) and ( 2) that make it unlawful in the United States to hire( or recruit for employment) certain aliens. 2) The recipient must provide training ( to the extent necessary) to those persons required by this condition to be notified of the requirement for employment eligibility verification and the associated provisions of 8 U. S. C. 1324a( a)( 1) and( 2). 3) As part of the recordkeeping requirements of this award, the recipient must maintain records of all employment eligibility verifications pertinent to compliance with this condition and in accordance with 1- 9 record retention requirements, as well as pertinent records of notifications and trainings. 4) Monitoring of compliance with the requirements of this condition will be conducted by FDLE. 5) Persons who are or will be involved in activities under this award includes any and all recipient officials or other staff who are or will be involved in the hiring process with respect to a award funded position under this award. 6) For the purposes of satisfying this condition, the recipient may choose to participate in, and use E- Verify( www.e- verify.gov), provided an appropriate person authorized to act on behalf of the recipient entity uses E- Verify to confirm employment eligibility for each position funded through this award. 7) Nothing in this condition shall be understood to authorize or require any recipient, or any person or other entity, to violate federal law, including any applicable civil rights or nondiscrimination law. 8) Nothing in this condition, including paragraph vi., shall be understood to relieve any recipient, or any person or other entity, of any obligation otherwise imposed by law, including 8 U. S. C. 1324a( a)( 1) and( 2). 16. 0 Determination of Suitability to Interact with Minors— This condition applies if it is indicated in the application for award( at any tier) that a purpose of some or all of the activities to be carried out under the award is to benefit a set of individuals under 18 years of age. The recipient ( or subrecipient at any tier), must make determinations of suitability before certain individuals may interact with participating minors. The requirement applies regardless of an individual' s employment status. The details of this