Fort Walton Beach Resolution — 2013 -04 FDLE--traffic homicide — reading text

documents, papers, letters, or other materials subject to provisions of § 119, Fla. Stat., and made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 25. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of five ( 5) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. The subgrant recipient shall comply with State of Florida General Records Schedule GS1 -SL for State and Local Government Agencies: dlis dos state fl us/ barm /censchedules /GS1 -SL odf. Page 8 SFY 2013  Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 26. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Officials for the Subgrant recipient or Implementing Agency, project staff must notify the help desk for FDLE' s online grants management system, SIMON ( Subgrant Information Management Online) so that the organization can be updated in SIMON. If the project director changes, a grant adjustment must be entered in SIMON to reflect the change. 27. Background Check Whenever a background screening for employment or a background security check is required by lawfor employment, unless otherwise provided by law, the provisions of § 435, Fla. Stat. shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contractwho have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to § 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. 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. 1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. 2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 28. Drug Court Projects A Drug Court Project must comply with § 397.334, Fla. Stat, "Treatment -Based Drug Court Programs " 29. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime bylaw enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. Page 9 SFY 2013  Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 30. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C. F. R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C. F. R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C. F. R. 23.20(8). Should any violation of 28 C.F. R. Part 23 occur, the subgrant recipient may be fined as per 42 U. S. C. 3789g( c)-( d). The subgrant recipient may not satisfy such a fine with federal funds. 31. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 32. Civil Rights Compliance a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients, implementing agencies, and contractors must comply with any applicable statutorily- imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U. S. C. § 3789d); the Victims of Crime Act (42 U. S. C. § 106041 The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U. S. C. 56721 the Civil Rights Act of 1964 ( 42 U. S. C. § 201 the Rehabilitation Act of 1973 29 U. S. C. § 7 94); the Americans with Disabilities Act of 1990 (42 U. S. C. § 12131 -34); the Education Amendments of 1972 ( 20 U. S. C. § § 1681, 1683, 1685 -86); the Age Discrimination Act of 1975 ( 42 U. S. C. §§ 6101 - 07); and Department of Justice Non -Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 ( equal protection of the laws for faith - based and community organizations). b. FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability, or age in the delivery of services or benefits or in employment. c. Subgrant recipients are responsible for ensuring that contractors, vendors, and agencies to whom they pass- through funds are in compliance with all Civil Rights requirements and that the contractors, vendors, and agencies are aware that they may file a discrimination complaint with the subgrant recipient, with FDLE, or with the Office for Civil Rights and how to do so. d. Equal Employment Opportunity Plans 1) A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $ 25, 000 or more from the Department of Justice. The plan must be prepared using the on -line short form at www .olp.usdol. gov/ aboiit/ ocr/ eeop comply-hen ' must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. 2) If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500, 000 or more from the Department of Justice, It must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. Page 10 SFY 2013  Edward Byrne Memorial Justice Assistance Grant ( JAG) Program Florida Department of Law Enforcement 3) A subgrant recipient or implementing agency is exemptfrom the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $ 25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. 4) The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. e. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to FDLE and to the Office for Civil Rights, Office of Justice Programs. f. In accordance with federal civil rights laws, the subgrant recipient shall not retaliate against individuals for taking action or participating In action to secure rights protected by these laws. g. Subgrant recipients must include comprehensive Civil Rights /Nondiscrimination Provisions in all contracts funded by the subgrant recipient. h. If the subgrant recipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a complaint with the subgrant recipient, with FDLE or with the Office for Civil Rights. Discrimination complaints may be submitted to FDLE at Office of the Inspector General, P. O. Box 1489, Tallahassee, Florida 32302 -1489 or on -line at . fdle .state. fl. us /contacls/comment form. html. Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, 810 7" Street, NW, Washington, DC 20531, by phone at 202) 307