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

complaints filed with FDLE will be reviewed by FDLE' s Inspector General and referred to the Office for Civil Rights, the Florida Commission on Human Relations, or the Equal Employment Opportunity Commission, based on the nature of the complaint. Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, 810 7th Street, Northwest, Washington, D. C. 20531, or by phone at( 202) 307- 0690. For additional information on procedures for filing discrimination complaints, please visit htt. s:// www.fdie.state.fi. us/ Grants/ Contacts. 11. 0 Retaliation- In accordance with federal civil rights laws, the recipient shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. 12. 0 Non- discrimination Contract Requirements - Recipients must include comprehensive Civil Rights nondiscrimination provisions in all contracts funded by the recipient. 13. 0 Pass- through Requirements - Recipients are responsible for the compliance of contractors and other entities to whom they pass- through funds including compliance with all Civil Rights requirements. These additional tier subrecipients must be made aware that they may file a discrimination complaint with the recipient, with FDLE, or with the USDOJ Office for Civil Rights and provided the contact information. 14. 0 Civil Rights Training Requirements— In accordance with Office of Justice Programs( OJP) requirements, the grant manager of the recipient entity responsible for managing awards from FDLE Office of Criminal Justice Grants, will be required to complete a two part Civil Rights Training and maintain copies of the training certificates within their award files to be provided upon request at monitoring. SECTION III: FINANCIAL REQUIREMENTS AND RESPONSIBILTY 1. 0 Fiscal Control and Fund Accounting Procedures- All expenditures and cost accounting of funds shall conform to the DOJ Grants Financial Guide, the 28 C. F. R. § 66, and 2 C. F. R. § 200 as applicable, in their entirety. Recipients are required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them. Financial management systems must be able to record and report on the receipt, obligation, and expenditure of award funds. Systems must also be able to accommodate a fund and account structure to separately track receipts, expenditures, assets, and liabilities for awards, programs, and additional tiered subrecipients. The awarded funds may or may not be an interest-bearing account, but any earned Page 14 of 25  interest must be accounted for as program income and used for program purposes before the federal award period end date. Any unexpended interest remaining at the end of the federal award period must be refunded to the Office of Criminal Justice Grants for transmittal to DOJ. 2. 0 Match- The value or amount of any" non- federal share,"" match," or cost- sharing contribution incorporated into the approved budget is part of the" project cost" for purposes of the 2 C. F. R.§ 200 Uniform Requirements, and is subject to audit. In general, the rules and restrictions that apply to award funds from federal sources also apply to funds in the approved budget that are provided as" match" or through" cost sharing." SECTION IV: AWARD MANAGEMENT AND REPORTING REQUIREMENTS 1. 0 Obligation of Funds- Award funds shall not be obligated prior to the start date, or subsequent to the end date, of the award. Only project costs incurred on or after the effective date, and on or prior to the termination date of the recipient's project are eligible for reimbursement. 2. 0 Use of Funds— Federal funds may only be used for the purposes in the recipient's approved award agreement. 3.0 Advance Funding- Advance funding may be provided to a recipient upon a written request to the Department. 4. 0 Performance Reporting - The recipient shall submit Monthly or Quarterly Project performance achievements and performance questionnaires to the Department, within fifteen ( 15) days after the end of the reporting period. Performance reporting must clearly articulate the activities that occurred within the reporting period, including descriptions of major accomplishments, milestones achieved, and/ or barriers or delays encountered. Additional information may be required if necessary to comply with federal reporting requirements. Performance achievements and performance questionnaires that are not complete, accurate, and timely may result in sanctions, as specified in Section IV, Award Management and Reporting Requirements. 5. 0 Financial Consequences for Failure to Perform- In accordance with Section 215. 971, Florida Statutes, payments for state and federal financial assistance must be directly related to the scope of work and meet the minimum level of performance for successful completion. If the recipient fails to meet the minimum level of service or performance identified in this agreement, the Department will apply financial consequences commensurate with the deficiency. Financial consequences may include but are not limited to withholding payments or reimbursement until the deficiency is resolved, tendering only partial payment/reimbursement, imposition of other financial consequences according to the Standard Conditions as applicable, and/ or termination of contract and requisition of goods or services from an alternate source. Any payment made in reliance on recipient's evidence of performance, which evidence is subsequently determined to be erroneous, will be immediately due to the Department as a refund. 6. 0 Award Amendments - Recipients must submit an award amendment through the electronic grant management system for major substantive changes such as changes in project activities or scope of the project, target populations, service providers, implementation schedules, and designs or research plans set forth in the approved agreement and for any budget changes that affect a cost category that was not included in the original budget. Amendments are also required when there will be a transfer of 10% or more of the total budget between budget categories, or there is an indirect cost rate category change. Recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item. Under no circumstances can transfers of funds increase the total budgeted award. Retroactive( after-the-fact) approval of project adjustments or items not currently in the approved award will only be considered under extenuating circumstances. Recipients who incur costs prior to approval of requested adjustments do so at the risk of the items being ineligible for reimbursement under the award. All requests for changes, including requests for project period extensions, must be submitted in the electronic grant management system no later than thirty( 30) days prior to award expiration date. 7. 0 Financial Expenditures and Reporting- The recipient shall close the expense reporting period either on a Monthly or Quarterly basis. For any reporting period the recipient is seeking reimbursement, a payment request must also be submitted in the grant management system. Closing of the reporting period and Payment Requests are due thirty 30) days after the end of the reporting period with the exception of the final reporting period. All project expenditures for reimbursement of recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants ( OCJG) through the electronic grant management system. Page 15 of 25  All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. All reports must relate financial data to performance accomplishments. An expenditure report is not required when no reimbursement is being requested; however, recipients should close the associated reporting period in the electronic grant management system. Before the" final" Payment Request will be processed, the recipient must submit to the Department all outstanding Performance Achievements and must have satisfied all withholding, special, and monitoring conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. 8. 0 Program Income( PGI)- All income generated as a direct result of award activities shall be deemed program income. Program income from asset seizures and forfeitures is considered earned when the property has been adjudicated to the benefit of the plaintiff( i. e., law enforcement entity). The recipient shall submit a PGI Earnings and Expenditures form in the electronic grant management system as soon as PGI is earned or expended. Prior to expending funds, the recipient shall submit a PGI Spending Request form for OCJG approval. All PGI expenditures must directly relate to the project being funded and must be allowable under the federal award. Any PGI remaining unspent after the end of the federal award period must be refunded to OCJG for transmittal to the Bureau of Justice Assistance. 9. 0 Recipient Integrity and Performance Matters - Requirement to report information on certain civil, criminal, and administrative proceedings to OCJG, SAM and FAPIIS. The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with ( or connected to the performance of) either this award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (" SAM"), to the designated federal integrity and performance system FAPI IS"). SECTION V: MONITORING AND AUDITS 1. 0 Access to Records- The Florida Department of Law Enforcement, the Auditor General of the State of Florida, the U. S. Department of Justice, the U. S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the recipient and contractors for the purpose of audit and examination according to the Financial Guide and the 28 C. F. R.§ 66. At any time, a representative of the Department, the U. S. Department of Justice, or the Auditor General of the State of Florida, have the right to visit the project site to monitor, inspect and assess work performed under this agreement. The Department reserves the right to unilaterally terminate this agreement if the recipient or contractor refuses to allow public access to all documents, papers, letters, or