Fort Walton Beach Resolution — 2024-02 Accepting FDLE Funding for PD Fitness Equipment — reading text

regulations( 40 C. F. R.§ 1 seq.). 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. Page 26 of 29  13.0 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. 14. 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. gov/ fundinq/ Explore/ ProhibitedConduct- Trafficking. htm. 15. 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. 16. 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 an 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). 17. 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 requirement are posted on the OJP website at https:// oio. gov/funding/Explore/ Interact- Minors. htm. Page 27 of 29  18. 0 Restrictions and Certifications Regarding Non- Disclosure Agreements and Related Matters - No recipient under this award, or entity that receives a procurement contract with funds under this award, may require an employee to sign an internal confidentiality agreement that prohibits the reporting of waste, fraud, or abuse to an investigative or law enforcement representative authorized to receive such information. The foregoing is not intended, to contravene requirements applicable to classified information. In accepting this award, the recipient: 1) Has not required internal confidentiality agreements or statements from employees or contractors that currently prohibit reporting waste, fraud, or abuse; 2) Certifies that, if it learns that it is or has been requiring its employees or contractors to execute agreements that prohibit reporting of waste, fraud, or abuse, it will immediately stop any further obligations of award funds, will provide prompt written notification to OCJG, and will resume such obligations only if expressly authorized to do so by OCJG. 3) 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. 19.0 Safe Policing and Law Enforcement - Recipients that are state, local, college or university law enforcement agencies must be in compliance with the safe policing certification requirement outlined in Executive Order 13929. For detailed information on this certification requirement, see https:// cops. usdoi. gov/ SafePolicingEO. 20. 0 For JAG: Extreme Risk Protection Programs- Recipients using funds for Extreme Risk Protection programs must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts ( including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in- person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State' s evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts( including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program. 21. 0 For RSAT: State Alcohol and Drug Abuse Agency- The recipient will coordinate the design and implementation of treatment programs with the State alcohol and drug abuse agency or any appropriate local alcohol and drug abuse agency, especially when there is an opportunity to coordinate with initiatives funded through the Justice Assistance Grant( JAG) program. 22. 0 For RSAT: Drug Testing - The recipient will implement or continue to require urinalysis or other proven reliable forms of testing of individuals in correctional residential substance abuse treatment programs. Such testing shall include individuals released from residential substance abuse treatment programs who remain in the custody of the State. 23. 0 For RSAT: Opioid Abuse and Reduction- The recipient understands and agrees that, to the extent that substance abuse treatment and related services are funded by this award, they will include needed treatment and services to address opioid abuse and reduction. 24. 0 For RSAT: Data Collection- The recipient agrees that award funds may be used to pay for data collection, analysis, and report preparation only if that activity is associated with federal reporting requirements. Other data collection, analysis, and evaluation activities are not allowable uses of award funds. 25. 0 For RSAT: Recipient understands and agrees that strategic planning activities funded by this award must include planning on how to address individuals with co- occurring mental health and opioid use disorders. 26. 0 For PSN: Coordination with U. S. Attorney and PSN Task Forces- The recipient agrees to coordinate the project with the U. S. Attorney and Project Safe Neighborhoods Task Force(s) for the respective U. S. Attorney Districts