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

it will immediately cease all further obligations of award funds to the entity and will immediately notify the Department. The Recipient will not resume obligations until expressively authorized to do so from the Department. Section V: Compliance with Statutes, Rules, and Regulations In performing its obligations under this agreement, the Recipient shall without exception be aware of and comply with all State and Federal laws, rules and regulations relating to its performance under this agreement as they may be enacted or amended from time -to -time, as well as any court or administrative order, judgment, settlement or compliance agreement involving the Department which by its nature affects the services provided under this agreement. The following are examples of rules and regulations that govern Recipient' s performance under this agreement. Lobbying Prohibited: The Recipient shall comply with the provisions of 11. 062 and 216. 347, F. S., which prohibit the expenditure of funds for the purpose of lobbying the Legislature, judicial branch, or a State agency. No funds or other resources received from the Department in connection with this agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. State of Florida E. O. 20- 44: Public -Private Partnerships: Any entity named in statute with which the agency must form a sole -source, public- private agreement; and any nongovernmental Recipient receiving 50% or more of their annual budget from any combination of state or federal funding must submit an annual report to the Office of Criminal Justice Grants. The report must include the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. In addition, the Recipient must agree through Page 7 of 13 appropriate contract or grant agreement amendment to inform the agency of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Recipient. Civil Rights: The Recipient agrees to comply with the Americans With Disabilities Act ( Public Law 101- 336, 42 U. S. C. Section 12101 et seq.) and shall not discriminate against any employee ( or applicant for employment) in the performance of this agreement because of race, color, religion, sex, national origin, disability, age, or marital status. These requirements shall apply to all contractors, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to clients or employees in connection with its programs and activities. E -Verify: The Department shall consider the employment by any contractor of unauthorized aliens a violation of section 274( e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this contract. Pursuant to F. S. 448. 095, the Contracting Party and any subcontractors are required to register with and use the E -Verify system operated by the U. S. Department of Homeland Security beginning on January 1, 2021, The Contracting Party and any subcontractors are prohibited from entering into contracts with one another unless all parties register and use the E -Verify system. Subcontractors who enter into contracts with the Contracting Party are required to provide a certification that the subcontractor does not employ or use unauthorized aliens as defined in the statute, a copy of which the Contracting Party must maintain. The Contracting Party and any subcontractors are required to terminate a contract if a party has a good faith belief that another party is in violation of F. S. 448. 09( 1), prohibiting the employment of unauthorized aliens. If a public employer has a good faith belief that the subcontractor has violated these requirements, but that the Contracting Party has otherwise complied, the public employer must notify the Contracting Party to terminate its contract with the subcontractor. A party may challenge a contract termination in accordance with these requirements. A penalized Contractor is prohibited from obtaining another contract with a public employer for at least one year. 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 Chapter 435 F. S., 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 record checks through the Florida Department of Law Enforcement, and federal criminal record checks through the Federal Bureau of Investigation, and may include local criminal record checks through local law enforcement agencies. Public Records: As required by 287. 058( 1)( c), F. S., the Recipient shall allow public access to all documents, papers, letters, or other public records as defined in 119. 011( 12), F. S. as prescribed by 119. 07( 1) F. S., made or received by the Recipient in conjunction with this agreement, except public records which are made confidential by law must be protected from disclosure. It is expressly understood that the Recipient' s failure to comply with this provision shall constitute an immediate breach of contract, for which the Department may unilaterally terminate this agreement. Independent Contractor, Subcontracting and Assignments: In performing its obligations under this agreement, the Recipient shall at all times be acting in the capacity of an independent contractor and not as an officer, employee, or agent of the State of Florida. Neither the Recipient nor any of its agents, employees, subcontractors or assignees shall represent to others that it is an agent of or has the authority to bind the Department by virtue of this agreement, unless specifically authorized in writing to do so. Timely Payment of Subcontractors: To the extent that a subcontract provides for payment after Recipient' s receipt of payment from the Department, the Recipient shall make payments to any subcontractor within 7 working days after receipt of full or partial payments from the Department in accordance with § 287. 0585, F. S., unless otherwise stated in the agreement between the Recipient and subcontractor. Failure to pay within seven ( 7) working days will result in a penalty that shall be charged Page 8 of 13 against the Recipient and paid by the Recipient to the subcontractor in the amount of one- half of one percent 005) of the amount due per day from the expiration of the period allowed for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen ( 15%) percent of the outstanding balance due. Notice of Legal Actions: The Recipient shall notify the Department of potential or actual legal actions taken against the Recipient related to services provided through this agreement or that may impact the Recipient' s ability to complete the deliverables outlined herein, or that may adversely impact the Department. The Department' s Grant Manager will be notified within 10 days of Recipient becoming aware of such actions or potential actions or from the day of the legal filing, whichever comes first. Property: In accordance with 287. 05805, F. S., any State funds provided for the purchase of or improvements to real property are contingent upon the Recipient granting to the State a security interest in the property at least to the amount of the State funds provided for at least five ( 5) years from the date of purchase or the completion of the improvements or as further required by law. Section VI: Records, Audits, and Information Security Records Retention: Retention of all financial records, supporting documents, statistical records, and any other documents ( including electronic storage media) pertinent to this agreement shall be maintained by the Recipient during the term of this agreement and retained for a period of five ( 5) years after completion of the agreement or longer when required by law. In the event an audit is required under this agreement, records shall be retained for a minimum period of five years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this agreement, at no additional cost to the Department. Upon demand, at no additional cost to the Department, the Recipient will facilitate the duplication and transfer of any records or documents during the term of this agreement and the required five ( 5) year retention period. No record may be withheld, nor may the Recipient attempt to limit the scope of any of the foregoing inspections, reviews, copying, transfers or audits based on any claim that any record is exempt from public inspection or is confidential, proprietary or trade secret in nature; provided, however, that this provision does not limit any exemption to public inspection or copying to any such record. These records shall be made available at all reasonable times for inspection, review, copying, or audit by State, or other personnel duly authorized by the Department. Records Inspection: Pursuant to Section 216. 1366, F. S., in order to preserve the interest of the state in the prudent expenditure of state funds, the Department shall be authorized to inspect the ( a) Financial records , papers, and documents of the Contractor that are directly related to the performance of the Contract or the expenditure of state funds, and ( b) Programmatic records, papers, and documents of the Contractor which the Department determines are necessary to monitor the performance of the Contract or to ensure that the terms of the Contract are being met. The Contractor shall provide such records, papers, and documents requested by the Department within ten ( 10) business days after the request is made. Monitoring: The Recipient agrees to comply with the Department' s grant monitoring guidelines, protocols, and procedures; and to cooperate with the Department on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, site visits, and/ or Florida Department of Financial Services contract reviews and Expanded Audits of Payment ( EAP). The Recipient agrees to provide the Department all documentation necessary to complete monitoring of the award and verify expenditures in accordance with 215. 971, F. S. Further, the Recipient agrees to abide by reasonable deadlines set by the Department for providing requested documents. Failure to cooperate with grant monitoring activities may result in sanctions affecting the Recipient' s award, including, but not limited to: withholding and/ or other restrictions on the Recipient' s access to funds, and/ or referral to the Office of the Inspector General for audit review. Florida Single Audit Act ( FSAA): The Recipient shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by The Office of the Inspector General 20. 055, F. S.). In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $ 750, 000 in any fiscal year, the Recipient must have a single audit