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

as an employee, contractor or subcontractor( at any tier), award recipient or - subrecipient ( at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of ( or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity( or to provide such goods or services) in future. 4) Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. 23.0 Non- Disclosure Agreements- No recipient or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. 24. 0 Confidential Funds and Confidential Funds Certificate - A signed certification that the Project Director or Implementing Agency Chief Official has read, understands, and agrees to abide by all conditions for confidential funds outlined in Section 3. 12 of the DOJ Grants Financial Guide is required for all projects that involve confidential funds. The signed certification must be submitted at the time of award application. Confidential Funds certifications must be signed by the recipient Chief Official or an individual with formal, written signature authority for the Chief Official. Prior to the reimbursement of expenditures for confidential funds, the recipient must compile and maintain a CI Funds Tracking Sheet to record all disbursements under the award. The completed form must be submitted with the payment request for OCJG review. Page 24 of 29  25. 0 For JAG: Task Force Training Requirement- The recipient agrees that within 120 days of award, each current member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online( internet- based) task force training. The training can be accessed https:// www.centf.orq/ CTFLI/. All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/ rights, task force performance measurement, personnel selection, and task force oversight and accountability. When FDLE awards funds to support a task force, the recipient must compile and maintain a task force personnel roster along with course completion certificates. 26. 0 For NCHIP & NARIP: Protective Order Systems - Any system developed with funds awarded under this cooperative FBI. agreement will be designed to permit interface with the National Protective Order file maintained by the SECTION VII: ADDITIONAL REQUIREMENTS 1. 0 Environmental Protection Agency' s ( EPA) list of Violating Facilities - The 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. 2. 0 National Environmental Policy Act( NEPA)- The 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 award funds by the recipient. This applies to the following new activities whether or not they are being specifically funded with these award funds. That is, it applies as long as the activity is being conducted by the recipient or any third party and the activity needs to be undertaken in order to use these award funds. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the award, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the 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) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, 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 recipient will assist the Department( if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966( 54 U.S. C. § 300. 101 et seq.), Ex. Order 11593 identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 ( 54 U. S. C. 312501- 312508) and the National Environmental Policy Act of 1969( 43 C. F. R. 46). 4. 0 Human Research Subjects- The recipient agrees to comply with the requirements of 28 C. F. R. § 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. Page 25 of 29 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 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 Section 316.305, Florida Statutes., 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 DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database- If award funds are 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. With the exception of Forensic Genetic Genealogy, no profiles generated with award funding may be entered into any other non- governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA( see National Rapid DNA Booking Operational Procedures Manual). 11. 0 Forensic Genealogy Testing - Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching and must collect and report the metrics identified in Section IX of the document to the Bureau of Justice Assistance. For more information, visit https:// www. justice. gov/olp/ page/file/ 1204386/ download. 1L0 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