Fort Walton Beach Council agenda — 2-25-14--regular — reading text

agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 32. Civil Rights Compliance a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients, implementing agencies, and contractors must comply with any applicable statutorily- imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U. S. C. § 3789d); the Victims of Crime Act (42 U. S. C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 ( 42 U. S. C. 5672( b)); the Civil Rights Act of 1964 ( 42 U. S. C. § 2000d); the Rehabilitation Act of 1973 29 U. S. C. § 7 94); the Americans with Disabilities Act of 1990 ( 42 U. S. C. § 12131 -34); the Education Amendments of 1972 ( 20 U. S. C. § § 1681, 1683, 1685 -86); the Age Discrimination Act of 1975 ( 42 U. S. C. §§ 6101 -07); and Department of Justice Non -Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 ( equal protection of the laws for faith - based and community organizations). b. FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability, or age in the delivery of services or benefits or in employment. c. Subgrant recipients are responsible for ensuring that contractors, vendors, and agencies to whom they pass -through funds are in compliance with all Civil Rights requirements and that the contractors, vendors, and agencies are aware that they may file a discrimination complaint with the subgrant recipient, with FDLE, or with the Office for Civil Rights and how to do so. d. Equal Employment Opportunity Plans 1) A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25, 000 or more from the Department of Justice. The plan must be prepared using the on -line short form at www.o*i). usdoi. gov/ about/ocr/eeop complv. htm, must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. 2) If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500, 000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. Page 10 SFY 2013  Bulpun .1 ; uejq aoue ;slssV aol; snp Bul; dao3V - £- t, GOZ : £ 91Z) uopeollddy £91Z :; uauayoe; ;d Edward Byrne Memorial Justice Assistance Grant ( JAG) Program Florida Department of Law Enforcement 3) A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25, 000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. 4) The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. e. In the event a Federal or State court or 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 FDLE and to the Office for Civil Rights, Office of Justice Programs. f. In accordance with federal civil rights laws, the subgrant recipient shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. g. Subgrant recipients must include comprehensive Civil Rights /Nondiscrimination Provisions in all contracts funded by the subgrant recipient. h. If the subgrant recipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a complaint with the subgrant recipient, with FDLE or with the Office for Civil Rights. Discrimination complaints maybe submitted to FDLE at Office of the Inspector General, P. O. Box 1489, Tallahassee, Florida 32302 -1489 or on -line at www.fdle.state.fl. us /contacts /comment form. html. Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, 810 7th Street, NW, Washington, DC 20531, by phone at 202) 307 -0690. i. The subgrant recipient must have procedures in place for responding to discrimination complaints that employees and clients, customers, and program participants file directly with the subgrant recipient. J, Any discrimination complaints file with FDLE will be reviewed by FDLE' s Inspector General and referred to the Office for Civil Rights, the Florida Commission on Human Relations, or the Equal Employment Opportunity Commission, based on the nature of the complaint. k. Americans with Disabilities Act Subgrant recipients 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 1), state and local government services and transportation (Title II), public accommodations ( Title III), and telecommunications (Title IV). Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U. S. C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at www.lea.4ov. Page 11 SFY 2013  Bulpun_q juejD aoue; slssV a3psnp Bul; d000v - £-ti60Z : £ 9LZ) uoi; eollddv £91Z :; uauayoet ;d Edward Byrne Memorial Justice Assistance Grant ( JAG) Program Florida Department of Law Enforcement m. Equal Treatment for Faith Based Organizations The subgrant recipient agrees to comply with the applicable requirements of 28 C. F. R. Part 38, the Department of Justice regulation governing " Equal Treatment for Faith Based Organizations" ( the " Equal Treatment Regulation "). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary' s religion. Notwithstanding any other special condition of this award, faith -based organizations may, in some circumstances, consider religion as a basis for employment. See www.oir).ciov/ about/ ocr/ecival fbo.htm. 33. 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. 34. National Environmental Policy Act ( NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrant recipient. 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 subgrant recipient 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. 5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine