HomeMy WebLinkAboutFlorida Department Of Law Enforcement - Financial Assistance Agreement Cyber High Tech Task Force Agreement 2016-2017Agreement Number
CSFA Number 71010
Financial Assistance Agreement between the
Florida Department of Law Enforcement
And
Winter Springs Police Department
Cyber High Tech Task Force Agreement
This agreement is entered into by and between the Florida Department of Law Enforcement (FDLE)
and Winter Springs Police Department (herein referred to as "participating agency"); and
WHEREAS, the parties entered into a Multi -Agency Voluntary Cooperation Mutual Aid Agreement
(MAA) to establish terms and conditions for the purpose of facilitating and providing technical
assistance and equipment in criminal investigations in Florida, which became effective upon
signature of the authorized representative of the parties and will remain in effect until June 30,
2017; and
WHEREAS, the MAA provides that the participating agency agrees to provide technical and
investigative assistance upon request; and
WHEREAS, FDLE has obtained budget authority for the 2016-2017 fiscal year to reimburse the
participating agency for overtime, fuel, and per diem costs, expended in the course of
investigative operations;
NOW THEREFORE, in consideration of the foregoing, the parties hereto agree to this agreement
as follows:
OVERVIEW AND FUNDING
Term of Agreement
Agreement is effective from 07/01/2016 to 06/30/2017.
Upon execution of agreement, the participating agency will furnish the Department with written notice
of designated contacts for Chief Financial Officer and Project Director/Coordinator which will
coordinate with the Department's grant manager to fulfill requirements set forth in Section 215.971,
F.S., relative to this agreement.
Program Activities and Scope of Work
This agreement provides reimbursement, not to exceed $300,000 of participating agency costs and
not to exceed $17,500 per individual task force member, to participate in investigative operations or
related training. The participating agency will provide task force members to work overtime, provide
vehicles and fuel for the personnel, and provide personnel with necessary FDLE-approved training.
Deliverables, Performance and Reports
Task force members will conduct operations during the 2016-2017 state fiscal year, according to the
MAA. Task force members must be approved by the FDLE task force leader and must pass an FDLE
background investigation. Activities shall be considered authorized only when approved and directed
by an FDLE supervisor or command designee. FDLE's task force coordinator or designee shall
maintain activity logs that will demonstrate the involvement of specific employees or agents provided
by the parties to this agreement, including each operation's supervisor or designated leader.
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Agreement Number
CSFA Number 71010
Due to the nature of investigative operations, it is not possible to quantify minimum performance
measures such as the specific number of operations, number of overtime hours, or amount of fuel
and training resources that will be required over the agreement period. Additionally, active criminal
intelligence information, active criminal investigative information, and information revealing
surveillance techniques or procedures or personnel are exempt from public records disclosures under
Section 119.071 (2), F.S.; therefore, specific activities will not be detailed in this agreement. FDLE will
determine the specific required services and activities and associated costs based on the nature of
each investigation.
The participating agency agrees to provide supporting documentation for expenditures as specified in
Attachment A.
Distribution and Payments
FDLE agrees to reimburse the participating agency for participation listed below not to exceed
$17,500 per individual task force member:
FDLE agrees to reimburse the participating agency for overtime expenses paid to personnel
employed by the participating agency for overtime incurred while participating in investigative
operations or training pursuant to the MAA. FDLE will reimburse paid overtime hours approved by
the task force leader for each such person at an overtime rate consistent with the participating
agency's established pay and compensation policy. A copy of the participating agency's current
policy will be provided to FDLE upon execution of this agreement.
FDLE agrees to reimburse the participating agency for vehicle fuel costs, at the rate of 44.5 cents per
mile, expended by such participating agency for fuel used by personnel employed by the participating
agency and operating a participating agency vehicle, while participating in investigative operations or
training pursuant to the MAA. This rate is in accordance with State of Florida travel guidelines and
documentation supporting mileage claimed must be submitted on a State of Florida travel voucher
form.
FDLE agrees to reimburse the participating agency for travel and per diem expenses in accordance
with State of Florida travel guidelines, Section 112.061, F.S. FDLE will reimburse each participant
employed by such participating agency for employee travel and per diem costs incurred in
conjunction with investigative operations or training pre -approved by the task force leader pursuant to
the MAA. All expenditures related to travel must be in accordance with the terms and conditions of
this agreement. Documentation supporting travel expenses must be submitted on a State of Florida
travel voucher. FDLE will reimburse authorized travel expenditures up to the amount paid by such
participating agency, not to exceed amounts specified in Section 112.061, F.S.
FDLE agrees to reimburse the participating agency for registration and training costs for training pre -
approved by the task force leader pursuant to the MAA.
This agreement authorizes funding of up to $17,500 per individual task force member assigned to the
task force by the participating agency. Available funds may be reprogrammed based on the
operational needs of the task force; therefore, the actual amount to be reimbursed may be reduced
subject to the availability of funds.
The participating agency agrees to follow invoicing procedures for the 2016-2017 fiscal year as
specified in Attachment A.
The parties agree that all expenditures of state financial assistance must be in compliance with laws,
rules, and regulations applicable to expenditures of state funds, including, but not limited to, the
Reference Guide for State Expenditures.
The parties agree that the agency may expend funds only for allowable costs resulting from
obligations incurred during the specified agreement period.
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Agreement Number
CSFA Number 71010
The parties agree that any funds paid in excess of the amount to which the participating agency is
entitled under the terms and conditions of the agreement must be refunded to FDLE.
The Recipient agrees to be bound by the following standard conditions:
The State of Florida's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Legislature and the availability of program funds.
1. The parties agree that the participating agency will retain backup documentation and records
sufficient to demonstrate the participating agency s compliance with the terms of this agreement
for at least five years from the date of each invoice issued, and agree to allow FDLE or its
designee, the Chief Financial Officer (CFO), or the Auditor General access to such records, upon
request, for audit purposes.
2. The participating agency shall ensure that audit working papers are made available to FDLE or its
designee, CFO, or Auditor General upon request for a period of five years from the date the audit
report is issued, unless extended in writing by FDLE.
FINANCIAL CONSEQUENCES
FDLE will only reimburse the participating agency for authorized activities. FDLE will not reimburse
the participating agency for costs incurred for any purpose other than investigative operations
pursuant to the MAA or training pursuant to this agreement. FDLE will not reimburse any cost that is
not invoiced and documented as required by this agreement.
MONITORING
1. Funds provided under this agreement are state financial assistance and are subject to audits and
monitoring by FDLE. The assigned CSFA number for this financial assistance program is 71010.
2. In addition to reviews of audits conducted in accordance with Section 215.97, F.S., as revised
(see "AUDITS" below), monitoring procedures may include onsite visits by FDLE. By entering
into this agreement, the participating agency agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by FDLE. The participating agency further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary
by the CFO or Auditor General.
PART I: STATE FUNDED
This part is applicable if the participating agency is a non -state entity as defined by Section
215.97(2)(m), F.S.
1. In the event that the participating agency expends a total amount of state financial assistance
equal to or in excess of $750,000 in any fiscal year of such participating agency, the participating
agency must have a state single audit for such fiscal year in accordance with Section 215.97,
F.S.; applicable rules of the Executive Office of the Governor and the CFO; and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. In determining the state financial assistance expended in its fiscal year, the
participating agency shall consider all sources of state financial assistance, including state
financial assistance received from FDLE, other state agencies, and other non -state entities.
State financial assistance does not include federal direct or pass-through awards and resources
received by a non -state entity for federal program matching requirements.
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Agreement Number
CSFA Number 71010
2. The participating agency shall ensure that the audit complies with the requirements of Section
215.97(8), F.S. This includes submission of a financial reporting package as defined by Section
215.97(2)(e), F.S, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General.
3. If the participating agency expends less than $750,000 in state financial assistance in its fiscal
year, an audit conducted in accordance with the provisions of Section 215.97, F.S., is not
required. If the participating agency expends less than $750,000 in all state funding in its fiscal
year and is exempt from the audit requirements, the participating agency's CFO or designee shall
provide written notice of exemption to FDLE. The notice of exemption from audit shall include the
participating agency's fiscal year, contract number of the award from FDLE, catalog of state
financial assistance number, amount of the award, and statement that the participating agency is
exempt from the audit requirements for its fiscal year due to the threshold requirements for an
audit.
The notice of exemption from audit shall be submitted no later than 9 months after the end of the
participating agency's fiscal year.
PART II: OTHER AUDIT REQUIREMENTS
Pursuant to Section 215.97(8)(n), Florida Statutes, State agencies may conduct or arrange for audits
of state financial assistance that are in addition to audits conducted in accordance with Section
215.97, Florida Statutes. In such an event, FDLE, as the State -awarding agency, will arrange for
funding the full cost of such additional audits.
PART III: REPORT SUBMISSION
1. Copies of financial reporting packages or exemption notice required by Part I of this agreement
shall be submitted by or on behalf of the participating agency directly to each of the following:
A. The Florida Department of Law Enforcement at the following address:
ATTN: Petrina T. Herring
Florida Department of Law Enforcement
Office of Criminal Justice Grants
Post Office Box 1489
Tallahassee, Florida 32302-1489
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
2. Any reports, management letter, or other information required to be submitted to FDLE pursuant
to this Contract shall be submitted in accordance with Florida Statutes and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
3. Participating agencies, when submitting financial reporting packages to FDLE for audits done in
accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General should indicate the date that the reporting package
was delivered to the participating agency from the independent auditor in the correspondence
accompanying the reporting package delivered to FDLE.
1. FDLE may terminate this agreement in the event funding becomes unavailable, effective
immediately upon receipt by the participating agency of a notice of termination for cause.
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Agreement Number
CSFA Number 71010
2. FDLE may unilaterally terminate this agreement for refusal by the participating agency to allow
public access to all documents, papers, letters, or other material made or received by the
participating agency in conjunction with the contract, unless the records are exempt from Section
24(a) of Art. I of the State Constitution and Section 119.07(1), F.S.
3. This agreement will terminate immediately upon termination of the MAA between FDLE and the
participating agency.
SIGNATURE
This agreement may be duplicated for dissemination to all parties, and such duplicates shall be of the
same force and effect as the original.
IN WITNESS WHEREOF, FDLE and the participating agency agree to the terms and conditions of
this agreement as set forth above.
ATTACHMENTS
Attachment A: Invoicing Requirements
Attachment B: Invoicing Documentation
PARTICIPATING AGENCY
VINT'R.SPRINGS POLICE DEPARTMENT
Signature
& 1 -vi e
Name
be I cc -
Title (Agency Head)
-,--1.�
Date
6 30
FEID #
d
Address
STATE OF FLORIDA
DEPANT OF LAW ENFORCEMENT
Special Agent in Charge, Orlando Region
Title
Date
THIS CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES.
Page 5 of 5
Agreement Number
CSFA Number 71010
Attachment A
Cyber High Tech Task Force
InvoicingRequirements
Invoice Frequency
The recipient shall submit invoices for reimbursement of authorized expenditures quarterly and within
thirty (30) days after the end of the reporting period. Quarters are defined on state fiscal year as July -
September; October -December; January -March and April -June. Recipients also have the option of
submitting invoices monthly.
Submission Information
Invoices should be submitted to the FDLE grant manager. The name and address of the Department
contact and grant manager for this agreement is:
ATTN: Alicia V. Murphy
Florida Department of Law Enforcement
Office of Criminal Justice Grants
Post Office Box 1489
Tallahassee, Florida 32302-1489
General Requirements
Invoices must be submitted in detail sufficient for preaudit and postaudit thereof.
All invoices must reflect a summary of reimbursable expenses paid by the participating agency for the
reporting period for each participant and incurred for investigative operations or training pursuant to the
MAX All invoices must include the total reimbursement amount claimed by the participating agency, the
contract number, FEID # and the billing period.
All costs invoiced must directly relate to an authorized task force investigation or pre -approved training,
and include a task force assigned case number or training title for cost claimed.
Overtime
For each case or training, provide the name and title of each task force member who worked overtime,
the number of hours worked by each member, and the dates on which the overtime was incurred.
Overtime must be recorded on Attachment B, "Detail of Overtime".
Maintain documentation to support that the overtime was:
® paid to personnel employed by the participating agency;
® incurred while participating in investigative operations or training pursuant to the MAA; and
® consistent with the participating agency's established pay and compensation policy.
Supporting documentation must include, but is not limited to, a copy of the pay and compensations policy;
and timesheets and payroll registers for all overtime performed by each task force member.
Mileage
For each case or training, provide the name and title of each task force member who incurred mileage,
the number of miles driven by each member, and the dates on which the mileage was incurred. Mileage
must be recorded on Attachment B, "State of Florida Voucher for Reimbursement of Travel Expenses".
Mileage will be reimbursed at the rate of 44.5 cents per mile.
Attachment A — Page 1 of 2
Agreement Number
CSFA Number 71010
Maintain documentation to support that the fuel costs were:
• expended by the participating agency;
• for fuel used by personnel employed by the participating agency;
• incurred while operating a participating agency vehicle; and
• incurred while participating in investigative operations or training pursuant to the MAA.
Supporting documentation includes, but is not limited to, mileage logs and fuel receipts providing the
date(s) and start and end mileage for each authorized activity/operation.
Per Diem, travel expenses, or training registration costs
For each case or training, provide the name and title of each task force member who incurred training,
per diem, or travel costs; the specific costs incurred by each member and the amount of each; and the
date(s) on which the costs were incurred. Per Diem, travel expenses or training must be recorded on
Attachment B, "State of Florida Voucher for Reimbursement of Travel Expenses." Per diem may be
reimbursed at a rate not to exceed $80 per day. Meals/sustenance will be reimbursed at the State of
Florida rate of:
o Breakfast $6 — travel begins before 6 a.m. extends beyond 8 a.m.
o Lunch $11 — travel begins before 12 noon extends beyond 2 p.m.
o Dinner $19 — travel begins before 6 p.m. extends beyond 8 p.m., or when travel occurs
during nighttime hours due to special assignment.
Maintain documentation to support that the per diem and travel costs were:
for a participant employed by such participating agency;
incurred in conjunction with investigative operations or training pre -approved by the task force
leader pursuant to the MAA; and
were in accordance with the terms and conditions of this agreement and Section 112.061, F.S.
Maintain documentation to support that training costs were:
• incurred for training pre -approved by the task force leader pursuant to the MAA.
Supporting documentation must include, but is not limited to, travel forms in accordance with Section
112.061, Florida Statutes; training documentation including agendas, registration confirmation and
completion certificates; receipts for costs incurred (hotel, training, airfare, etc.); along with written
documentation of pre -approval of training by the task force leader.
Documentation
For all costs, maintain documentation to verify that the costs were:
• incurred during the agreement period;
• paid by the participating agency prior to requesting reimbursement; and
• directly related to a specific case or training.
Signature
The invoice must be signed by the participating agency's chief official and must include a certification that
the costs claimed are true and valid costs incurred in accordance with the agreement and do not exceed
the annual cost limitations.
Attachment A — Page 2 of 2
Attachment B
Invoicing Documentation
I hereby certify that the above costs are true and valid costs incurred in accordance
with the agreement and do not exceed the annual cost limitations
Date: Signed:
Participating Agency Chief Official
Typed Name Chief Official
Attachment B — Page 1 of 3
Request for Reimbursement
Assistance with Investigative Operations for
Cyber High Tech Task Force
Region:
Contract #:
Participating Agency:
FEID #:
Address:
Billing Period:
Invoice #:
Budget Category Category Total
Overtime
Fuel/Mileage
Travel/Per Diem
Training
Total Claim Amount
I hereby certify that the above costs are true and valid costs incurred in accordance
with the agreement and do not exceed the annual cost limitations
Date: Signed:
Participating Agency Chief Official
Typed Name Chief Official
Attachment B — Page 1 of 3
DETAIL OF OVERTIME PAY
Participating Agency:
Contract #:
Billing Period:
Invoice #:
Case (Number or
Training Title
Employee Name and
Title
Flours
Worked
Date(s) Worked
Date(s) Paid
Amount requested
TOTAL OVERTIME SALARY:
Attachment B - Page 2 of 3
STATE OF FLORIDA
VOUCHER FOR REIMBURSEMENT
OFTRAVELEXPENSES
TRAVELER:
SOCIAL SECURITY NO.:
ORG: 71 -
DEPARTMENT OF LAW ENFORCEMENT
HEADQUARTERS
EO RESIDENCE (CrM
Tallahassee
Tallahassee
Per Diem
Hour of Mealsfor or Actual Map Vicinity
Travel Performed From Point of Purpose or Reason (Name of Departure ClassA S B Lodging Class C Mileage Mileage
Data Origin To Destination Conference) and Return Travel Expenses Meals Claimed Claimed
Olher E Kpenses / Common
Carrier Paid by Traveler
AMOUNT TYPE
Statement ofBenefb to the State orAftach Atithorization Form (Conference orConven#on): Column Column Column OML
Total Total Total 0.445 cents
00 $0.00 .00
MAIL WARRANT TO: LEN ADVANCE FRINED
❑ Headquarters LESS CLASS C MEALS (6oployees Only)
❑ Others NET AMOLINT DUE 70 (FROM) TRAVELER
Column SUMMARY
Total TOTAL
.00 S
$0.00
$
« 7rprm-M tna, above Morass were Incurrea M rue as necessary travvi expenses n ma, perfomence of nV
duties; aftendence at a conference or convention w as directly related to offieloal duties of the agency; any male or bdgfg hchrded In a
conference «c«weMbn reglsaaeon fee have been deducted frondb travel cleft and #0 this claimis true and correcti. every
and same conforms in every respect w m the requirements, of Section 112.061, Florida Stahusa.
TRAVELER'S SIGNATURE
TRAVELER'S TITLE. DATE PREPARED:
Pursuant to Section 112.061(3) (a). Floras Statutes. I hereby certify or affirm that to the best of ny
above travel w as on official business of the State of Florida and w as perfomed for the purpose(s) stated
SUPERVISOR'S SIGNATURE
SUPERVISOR'S NAME
SUPERVISOR'S TITLE: lxreetor DATE APRROVED:
Attachment B - Page 3 of 3