Fort Walton Beach Council agenda — 01-11-05 - regular — reading text

( including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal and State criminal drug statutes; Criminal drug statute means a Federal or State criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; Employee means the employee of a Sponsor directly engaged in the performance of work for which the Service is providing funding, including ( I) All direct charge employees; ( ii) All indirect charge employees, unless their impact or involvement is insignificant to the work performed by the Sponsor; and (iii) Temporary personnel and consultants who are directly engaged in the work performed by the Sponsor and who are on the Sponsor' s payroll. This definition does not include workers not on the payroll of the Sponsor ( e. g., volunteers, even if used to meet matching requirements; consultants or independent contractors not the Sponsor' s payroll, or employees of subrecipients or subcontractors in covered workplaces). CERTIFICATION. A. The Sponsor certifies that it has or will continue provide a drug- fee workplace by: a) Publishing statement notifying employees that the unlawful manufacture, a distribution, dispensing, possession or use of a controlled substance is prohibited in the Sponsor' s workplace and specifying the actions that will be taken against employees for violation of such prohibition; b) Establishing an ongoing drug- free awareness program to inform employees about: 1) The danger of drug abuse in the workplace; 2) The Sponsor' s policy of maintaining a drug- free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance programs; and I  4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) Making it a requirement that each employee to be engaged in the performance of the Program be given a copy of the statement required by paragraph ( a); d) Notifying the employee in the statement required by paragraph ( a) that, as a condition of employment by the Sponsor, the employee will: I) Abide by the terms of the statement; and 2) Notify the Sponsor in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e) Notifying the Service in writing, within ten calendar days after receiving notice under paragraph ( d)( 2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every Service officer or other designee on whose Sponsor activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notice. Notice shall include the identification number( s) of the Sponsor. t)Taking one of the following actions, within 30 calendar days of receiving notice under paragraph ( d)( 2), with respect to any employee who is so convicted: I) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement or other appropriate agency; g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs ( a) through ( t). h) Agencies shall keep the original of all disclosure reports in the official files of the agency. B. The Sponsor may provide a list of the site( s) for the performance of work done in connection with the Program described in this Agreement. 2 II. Certification Regarding Lobbying ( 7 C. F.R. & 3018) ( Applicable if this agreement exceeds 100. 000) 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, and officer or employee of Congress, or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or of employee Congress, or an of a employee Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to in accordance with its instructions. Report Lobbying," 3) The Sponsor shall require that the language of this certification be included in the award documents for all sub awards at all tiers ( including subcontracts, sub and grants, contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10, 000 and not more than $ 100, 000 for each such failure. III. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions, ( 7 C. F. R. 9 3017) 1) The Sponsor certifies to the best of its knowledge and belief, that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b) Have not within a three- year period preceding this proposal 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 awards, making false statements, or receiving stolen property ; 3  CITY OF FORT WALTON BEACH MEMORANDUM To: Joyce Shanahan, City Manager From: John Hofstad, Assistant Public Works Director Through: Thomas Murray, Public Works Dil:ector Date: December 6, 2004 Subject: Grant Funding to Clean City Ditches Background: During the City' s recovery from Hurricane Ivan this past September, City crews discovered significant inland storm related damage along the many drainages which pass through our These drainages are City. important in that they are necessary for the evacuation of stormwater in the event of heavy rainfall events. Blockages within the open ditches along these drainage routes can trap water during rainfall events and back water up in the upstream areas thereby increasing the likelihood of significant property damage. Immediately after the hurricane, City crews cleared the largest obstructions from all of the main drainages throughout the City. However, some debris