Fort Walton Beach Resolution — 2008-18-Acceptance of 07/08 Byrne Grant — reading text

in the Bureau of Justice Assistance' s Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department' s approval of the subgrant recipient agreement does not constitute approval of the subgrant- funded development or operation of a criminal intelligence system. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds asset forth in the effective edition of OJP' s Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be SFY 2008 Page 9 Rule Reference 11 D-9. 006 OCJG- 005 (rev. October 2005)  Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. No person,. on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non- Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. b. The subgrant recipient and the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the . subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L.96- 157, 42 U. S. C. 3701, et seq. ( Reference Section 803 ( a) of the Act, 42 U. S. C. 3783 ( a) and 28 CFR Section 42. 207 Compliance Information). c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $ 1, 000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U. S. DOJ, Office for Civil Rights ( OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U. S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If the U. S. DOJ, OCR has approved an agency' s EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101- 336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment ( Title I), state and local government services and transportation ( Title II), public accommodations (Title III), and telecommunications ( Title IV). 35. 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 1324a( e); Section 274A(e) of the Immigration and Nationality Act (" INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A( e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. SFY 2008 Page 10 Rule Reference 11 D-9.006 OCJG- 005 (rev. October 2005)  Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to. be undertaken in order to use these subgrant funds, 1) New construction; 2) Minor renovation or remodeling of a property either ( a) listed on or eligible for listing on the National Register of Historic Places or ( b) located within a 100- year flood plain; 3) A renovation, lease, or any other proposed use of a building or facility that will either ( a) result in a change in its basic prior use or (b) significantly change its size; and 4) Implementation of a new program involving the use of chemicals other than chemicals that are ( a) purchased as an incidental component of a funded activity and ( b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee' s existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U. S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 37. Non- Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension ( 34 CFR, Part 85, Section 85.510, Participant' s Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $ 100, 000 or more; or federal loan of $ 150,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $ 10, 000 and not more than $ 100, 000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and-belief, that: SFY 2008 Page 11 Rule Reference 11 D-9.006 OCJG- 005 (rev. October 2005)  Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 1) No federally appropriated funds have been paid or shall be paid to any person for . influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. 2) If any non- federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbvina Activities, according to its instructions. 3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state