Fort Walton Beach Resolution — 2025-26 Accepting USDOJ Edward Byrne Memorial JAG Grant Funding - Armor Plates — reading text

§ 1913. Another federal law generally prohibits federal funds from being used by any recipient or subrecipient at any tier, to pay any person to influence ( or attempt to influence) a federal agency, a Member of Congress, or Congress ( or an official or employee of any of them) with respect to the awarding of a federal award or cooperative agreement, subaward, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U. S. C.§ 1352. 6. 0 State Restrictions on Lobbying - In addition to the provisions contained above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this agreement. 7. 0 Additional Restrictions on Lobbying- The recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. 8. 0 " Pay—to—Stay" - Funds from this award may not be used to operate a " pay- to- stay" program in any local jail. Furthermore, no funds may be given to local jails that operate" pay-to- stay" programs. " Local jail", as referenced in this condition, means an adult facility or detention center owned and/ or operated by city, county, or municipality. It does not include juvenile detention centers." Pay-to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/ or accommodations, not otherwise available to the general inmate population, may be provided, based upon an offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 9. 0 The Coastal Barrier Resources Act- The recipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act( P. L. No. 97- 348) dated October 18, 1982( 16 USC 3501 et seq.) which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 10.0 Background Check- Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Section 435, Florida Statutes shall apply. 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. Such background investigations shall be conducted at the expense of the employing agency or employee. 11. 0 Confidentiality of Data- The recipient( or subrecipient at any tier) must comply with all confidentiality requirements of 34 U. S. C.§ 10231 and 28 C. F. R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate in accordance with the requirements of 28 C. F. R. Part 22 and, in particular, 28 C. F. R. 22. 23. Privacy Certification forms must be signed by the recipient chief official or an individual with formal, written signature authority for the chief official. 12. 0 Conferences and Inspection of Work- Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U. S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 13. 0 Insurance for Real Property and Equipment- The recipient must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non- Federal entity. 14. 0 Flood Disaster Protection Act- The subrecipient will comply with Section 102( a) of the Flood Disaster Protection Act of 1973, Public Law 93- 234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 15. 0 General Appropriations Restrictions - The recipient must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes as set forth in the Consolidated Appropriations Act, 2018. 16. 0 Immigration and Nationality Act- No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U. S. C. Section 1324( a), Section 274(A) of the Immigration and Nationality Act(" INA"). The Department shall consider the Page 12 of 27  employment by any contractor of unauthorized aliens a violation of Section 274(A) of the INA. Such violation by the recipient of the employment provisions contained in Section 274( A) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 17. 0 For NCHIP& NARIP: Enhancement of Security- If funds are used for enhancing security, the recipient must: 1) Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. 2) Conduct such an assessment with respect to each such enhancement; and submit to the Department the aforementioned assessment in its Final Program Report. 18.0 Personally Identifiable Information Breaches - The recipient ( or subrecipient at any tier) must have written procedures in place to respond in the event of actual or imminent" breach" ( OMB M- 17- 12) if it: 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of" personally identifiable information( PII)" within the scope of an OJP award- funded program or activity, or 2) uses or operates a" federal information system" OMB Circular A- 130). The recipient' s breach procedures must include a requirement to report actual or imminent breach of PII to FDLE' s Criminal Justice Grants for subsequent reporting to the OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 19. 0 Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards - Consistent with Executive Order 14074, " Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety," OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient(" subgrantee") at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the" controlled equipment" list. The details of the requirement are posted on the OJP web site at http :// www.ojr.ciov/ funding/ explore/ prohibited- and- controlled- equipment, and are incorporated by reference here. 20. 0 Exceptions regarding Prohibited and Controlled Equipment under OJP awards- Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding" Compliance with restrictions on the use of federal funds-- prohibited and controlled equipment under OJP awards," the requirements for the " Transfer/Sale of Award- Funded Controlled Equipment to Other LEAs" and the requirements for the Transfer/Sale of Award- Funded Controlled Equipment to NON- LEAs" do not apply to this award. SECTION II: CIVIL RIGHTS REQUIREMENTS 1. 0 Participant Notification of Non- discrimination - FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability or age in the delivery of services, benefits or in employment. 2. 0 Title VI of the Civil Rights Act of 1964- The recipient, or subrecipient at any tier, must comply with Title VI of the Civil Rights Act of 1964, 42 U. S. C. § 2000d, and the DOJ implementing regulations, 28 C. F. R. pt. 42, subpts. C D, which prohibits discrimination in federally assisted programs based on race, color, and national origin in the delivery of services. 3. 0 Equal Employment Opportunity Program ( EEOP)— The recipient and/or implementing agency must comply with all applicable requirements in 28 C. F. R. § 42, Subpart E, including preparing a Verification Form within 120 days from the initial award date and annually thereafter, and preparing an EEO Plan if required. Recipients are required to use the Office for Civil Rights EEO Reporting Tool to satisfy this condition httos:// oip.qov/about/ocr/eeop. htm). 4. 0 Title IX of the Education Amendments of 1972- If the recipient operates an education program or activity, the recipient must comply with all applicable requirements of 20 U.S. C.§ 1681, and the DOJ implementing regulation at 28 C. F. R.§ 54, which prohibits discrimination in federally assisted education programs based on sex both in employment and in the delivery of services. 5. 0 Partnerships with Faith- Based and other Neighborhood Organizations- The recipient or subrecipient at any tier, must comply with all applicable requirements of 28 C. F. R. § 38, " Partnerships with Faith- Based and other Neighborhood Organizations", specifically including the provision for written notice to current or prospective program beneficiaries. 6. 0 Title II of the Americans with Disabilities Act of 1990- Recipients who are public entities must comply with the requirements of the Americans with Disabilities Act( ADA), 42 U. S. C. § 12132, and the DOJ implementing Page 13 of 27  regulation at 28