Fort Walton Beach Resolution — 2023-06 Accepting FDLE Grant for Breaching Equipment & Ballistic Shields — reading text

public purpose authorized by a law of the United States ( see 31 U. S. C. 6101( 3)); and not to acquire property or services for the Federal awarding agency or pass-through entity's direct benefit or use; and is distinguished from a cooperative agreement in that it does not provide for substantial involvement between the Federal awarding agency or pass- through entity and the non- Federal entity in carrying out the activity contemplated by the Federal award. Disallowed costs means those charges to a Federal award that the Federal awarding agency or pass-through entity determines to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. Equipment means tangible personal property( including information technology systems) having a useful life of more than one year and a per- unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non- Federal entity for financial statement purposes, or $ 5, 000. See also §§ 200. 12 Capital assets, 200.20 Computing devices, 200.48 General purpose equipment, 200.58 Information technology systems, 200. 89 Special purpose equipment, and 200. 94 Supplies. Fiscal Agent refers to the agency responsible for the administration of the PSN award programs. FDLE has been assigned as the certified Fiscal Agent for PSN awards. Improper payment means any payment that should not have been made or that was made in an incorrect amount( including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements. Improper payment also includes any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received ( except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. Micro-purchase means a purchase of supplies or services using simplified acquisition procedures, the aggregate amount of which does not exceed the micro-purchase threshold. The non- Federal entity uses such procedures in order to expedite the completion of its lowest-dollar small purchase transactions and minimize the associated administrative burden and cost. The micro- purchase threshold is set by the Federal Acquisition Regulation in 48 CFR Subpart 2. 1 ( Definitions). It is$ 10, 000 except as otherwise discussed in Subpart 2. 1 of that regulation, but this threshold is periodically adjusted for inflation. Modified Total Direct Cost( MTDC) means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first$ 25, 000 of each award( regardless of the period of performance of the awards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each award in excess of$ 25, 000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. Non- Federal entity is a state, local government, Indian tribe, institution of higher education( IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient. Non- federal pass-through entity is a non- Federal entity that provides an award to a recipient to carry out part of a Federal program; the Florida Department of Law Enforcement( FDLE) is the non- federal pass- through entity for this agreement, also referred to as the State Administering Agency( SAA). Performance goal means a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate. In some instances ( e. g., discretionary research awards), this may be limited to the requirement to submit technical performance reports( to be evaluated in accordance with agency policy). Period of performance means the time during which the non- Federal entity may incur new obligations to carry out the work authorized under the Federal award. The Federal awarding agency or pass- through entity must include start and end dates of the period of performance in the Federal award ( see §§ 200.211 Information contained in a Federal award paragraph b)( 5) and 200. 332 Requirements for pass- through entities, paragraph( a)( 1)( iv)). Protected Personally Identifiable Information ( PII) means an individual's first name or first initial and last name in combination with any one or more of types of information, including, but not limited to social security numbers; passport numbers; credit card numbers; clearances; bank numbers; biometrics; date and place of birth; mother's maiden name; Page 10 of 25  criminal, medical, and financial records; and educational transcripts. This does not include PII that is required by law to be disclosed. ( See also§ 200. 79 Personally Identifiable Information ( PII)). Questioned cost means a cost that is questioned by the auditor because of an audit finding 1) that resulted from a violation or possible violation of a statute, regulation, or the terms and conditions of a Federal award, including for funds used to match Federal funds; 2) where the costs, at the time of the audit, are not supported by adequate documentation; or 3) where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances. Simplified acquisition threshold means the dollar amount below which a non- Federal entity may purchase property or services using small purchase methods. Non- Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 C. F. R. Subpart 2. 1 ( Definitions) and in accordance with 41 U. S. C. § 1908. As of the publication of this part, the simplified acquisition threshold is$ 250, 000, but this threshold is periodically adjusted for inflation. Also see definition of Micro- purchase, 2 C. F. R.§ 200. 67). Subaward is an award provided by a pass-through entity to a recipient for the recipient to carry out part of a Federal award received by the pass- through entity. It does not include payments to a contractor or payments to an individual who is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Recipient means a non- Federal entity that receives an award from a pass- through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. Supplies means all tangible personal property other than those described in§ 200.33 Equipment. A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non- Federal entity for financial statement purposes or$ 5, 000, regardless of the length of its useful life. See also §§ 200.20 Computing devices and 200. 33 Equipment. For PSN: Task Forces are established by each USA() to collaborate with a PSN team of federal, state, local, and tribal where applicable) law enforcement and other community members to implement a strategic plan for investigating, prosecuting, and preventing violent crime. SECTION I: TERMS AND CONDITIONS 1. 0 Payment Contingent on Appropriation and Available Funds- The State of Florida's obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse recipients for incurred costs is subject to available federal funds. 2.0 Commencement of Project- If a project is not operational within 60 days of the original start date of the award period or the date of award activation ( whichever is later), the recipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. If a project is not operational within 90 days of the original start date of the award period or the date of award activation whichever is later), the recipient must submit a second statement to the Department explaining the implementation delay. Upon receipt of the ninety( 90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate award funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety( 90) day period, but only by formal written adjustment to this agreement. 3. 0 Supplanting- The recipient agrees that funds received under this award will not be used to supplant state or local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for award activities. 4. 0 Non- Procurement, 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 11 of 25  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