Fort Walton Beach Resolution — 2024-01 Accepting FDLE Funding & MAA to Eradicate Fentanyl — reading text

reimbursement for equipment, supplies, and other costs, the Recipient must provide supporting backup documentation, including but not limited to: Funding Request form with FDLE approval signature, invoices, payment receipts, etc. Page 3of13 ADMINISTRATION For assistance with any contract or financial issues, the Florida Department of Law Enforcement can contact: Recipient Contract/Grant Manager Name: RYAN CHISHOLM Title: SERGEANT Address: 7 HOLLYWOOD BOULEVARD NORTHEAST, FORT WALTON BEACH, FLORIDA 32547 Phone: 850- 899- 9546 Email: RCHISHOLM@FWB. ORG Recipient Financial Contact Name: JARED TAYLOR Title: GRANT CUSTODIAN Address: 107 MIRACLE STRIP PARKWAY SOUTHWEST, FORT WALTON BEACH, FLORIDA 32548 Phone: 50- 833- 9500 Email: JTAYLOR@FWB. ORG Agency FEID Number: F59-6000323 Remit Address: 7 HOLLYWOOD BOULEVARD NORTHEAST FORT WALTON BEACH, FLORIDA 32547 Page 4 of 13 Fiscal Year 2023- 2024 State Financial Assistance Standard Conditions The following terms and conditions will be binding upon approval of the grant award and execution of the contract by both the Recipient and the Florida Department of Law Enforcement, The Recipient will maintain required registrations and certifications for eligibility under this program. The Department and the Recipient agree that they do not contemplate the development, transfer or receipt of intellectual property as a part of this agreement. Section I: Project Implementation Legal Authority: The Recipient certifies with respect to this agreement that it possesses the legal authority to receive the funds to be provided under this agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this agreement. Not Operational within 60 and 90 Days: If a project is not operational within 60 days of the original start date of the award period, 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, the Recipient must submit a second statement to the Department explaining the implementation delay. Upon receipt of the 90 -day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, require additional project documentation and justifications throughout the award period. The Department will also require the Recipient provide a revised project timeline that includes all anticipated project activities, tasks, and estimated completion date(s). Section II: Payments Obligation to Pay: The State of Florida' s obligation to pay under this agreement is contingent upon an appropriation by the Legislature. Overpayments: Any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the agreement must be refunded to the Department. Any balance of unobligated cash that has been paid and has not been authorized to be retained for direct program costs in a subsequent period must be refunded to the Department. Advance Funding: Advance funding may be provided to a subrecipient upon completion and submission of a Cash Advance Request form to the Department. The request must be signed by the Chief Financial Officer or the Chief Financial Officer designee. Advance funding should be requested only when the Subrecipient has an imminent and specific need to expend project funds. Cash advances must be spent on project costs within 30 days of receipt. Should extenuating circumstances arise which prevent the expenditure of advance funds within 30 days of receipt, a written request to retain the funds must be provided by the recipient and approved by the Department. An expenditure claim for advance funding must be submitted to the Department within 45 days of advance funding receipt. Section III: Project and Grant Management Personnel Changes: The recipient must notify the FDLE grant manager of any change in the Chief Officials or Project Director or any change in contact information, including mailing address, phone number, email, or title change. Obligation of Grant Funds: Grant funds shall not under any circumstances be obligated prior to the effective date, or subsequent to the termination date, of the period of performance. Only project costs incurred on or after the effective date, and on or prior to the termination date of the Recipient' s project are Page 5of13 eligible for reimbursement. All payments must be completed within thirty (30) days of the end of the grant period of performance. Financial Management: The Recipient must have a financial management system able to record and report on the receipt, obligation, and expenditure of grant funds. An adequate accounting system must be able to separately track receipts, expenditures, assets, and liabilities for awards, programs, and subrecipients. The Recipient shall maintain books, records, and documents ( including electronic storage media) in accordance with generally accepted accounting procedures and practices. Recipient must have written procedures for procurement transactions. Travel: Cost for travel shall be reimbursed at the Recipient' s travel rate, but the maximum reimbursement for each type of travel cost shall not exceed rates established in State of Florida Travel Guidelines, 112. 061, F, S, Subcontracts: Recipient agrees that all employees, subcontractors, or agents performing work under the agreement shall be properly trained individuals who meet or exceed any specified training qualifications. Recipient agrees to be responsible for all work performance and all expenses incurred in fulfilling the obligations of this agreement, and will not assign the responsibility for this agreement to another party. If the Recipient subcontracts any or all of the work required under this agreement, the Recipient must provide a completed DFS -A2 -NS ( Recipient-Subrecipient vs. Vendor Determination) form and a copy of the executed subcontract within thirty ( 30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that ( i) the subcontractor is bound by all applicable state and federal laws and regulations, and ( ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor' s performance of work under this agreement, to the extent allowed and required by law. Grant Adjustments: Recipients must submit a Request for Grant Adjustment to the FDLE grant manager for substantive changes such as: scope modifications, changes to project activities, target populations, service providers, implementation schedules, project director, designs or research plans set forth in the approved agreement, and for any budget changes affecting a cost category that was not included in the original budget. 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. Adjustments are required when there will be a transfer of 10% or more of the total budget between budget categories. Under no circumstances can transfers of funds increase the total award. Requests for changes to the grant agreement must be signed by the Recipient or Implementing Agency's chief official or the chief official' s designee. All requests for changes must be submitted no later than thirty (30) days prior to grant expiration date. Property Management: The Recipient shall establish and administer a system to protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement. Section IV: Mandatory Disclosures Conflict of Interest: The Recipient will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Recipients must disclose in writing any potential conflict of interest to the Department. Violations of Criminal Law: The Recipient must disclose all violations of state or federal criminal law involving fraud, bribery or gratuity violations potentially affecting the grant award. Convicted Vendors: The Recipient shall disclose to the Department if it, or any of its affiliates, as defined in § 287. 133( 1)( a) F. S., is on the convicted vendor list. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any activities listed in the agreement for a period of thirty-six ( 36) months from the date of being placed on the convicted vendor list. Page 6 of 13 Vendors on Scrutinized Companies Lists: If this agreement is in the amount of $ 1 million or more, Recipient certifies upon executing this agreement, that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to §215, 473, F. S., or engaged in business operations in Cuba or Syria. In the event that federal law ceases to authorize the states to adopt and enforce the contracting prohibition identified herein, this provision shall be null and void. Discriminatory Vendors: The Recipient shall disclose to the Department if it or any of its affiliates, as defined by § 287. 134( 1)( a), F. S. appears on the discriminatory vendors list. An entity or affiliate placed on the discriminatory vendor list pursuant to § 287. 134, F. S. may not a) submit a bid, proposal, or reply on a contract or agreement to provide any goods or services to a public entity; b) submit a bid, proposal, or reply on a contract or agreement with a public entity for the construction or repair of a public building or public work; c) submit bids, proposals, or replies on leases of real property to a public entity; d) be awarded or perform work as a contractor, subcontractor, Recipient, supplier, subrecipient, or consultant under a contract or agreement with any public entity; or e) transact business with any public entity. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct: The Recipient must promptly refer to the Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a claim for grant funds that violates the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. Non -Disclosure Agreements: Restrictions and certifications regarding non- disclosure agreements and related matters Recipients or contracts/ subcontracts under this award may not require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits, restricts or purports to prohibit or restrict, the reporting of waste, fraud or abuse in accordance with law, to an investigative or law enforcement representative of a state or federal department or agency authorized to receive such information. The Recipient certifies that if informed or notified of any subrecipient, or contractor/subcontractor has been requiring their employees to execute agreements or statements that prohibit the reporting of fraud, waste, or abuse that