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HomeMy WebLinkAboutFlorida Department of Law Enforcement - Edward Byrne Memorial Grant - Taser Upgrade - 2015 11 10 FDLE Florida Department of Business Suppoirt Rick Scott, Govevnsr Law Emforcenoent Office of Cdminat Justice Grants Parn Bondi,Attorney General Post Office Box 1489 Jeff Atwater, Chief Financial Officer Richard 1. Swearingen TaAlahamaee, Fl-32302-1489 AdamPutnenm. Commissioner,of Agncuftoas Commissioner (850)617-1250 vmmw�f�A�e���e�us NOV � W ?O�� � � � The Honorable Charles Lacey Mayor City ofWinter Springs 112OEast State Road 434 Winter Springs, FL 32708 Rn: Contract No. 2O18-JAGC-SEM|4-H3-010 Dear Mayor Lacey: The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant (JAG) oubgrant to your unit of government in the amount of$ 14,085.00 for the project entitled, ELECTRONIC CONTROL DEVICES(TASER) UPGRADE. This subawand is approved under Florida's state JAG award 2015-MU- BX-1066 from the Department of Justice. These funds shall be utilized for the purpose of reducing crime and improving public safety and the criminal justice system. Enclosed is a copy of the approved subaward application with the referenced contract number and standard conditions. This subaward is subject to all administrative and financial requirements, including timely submission of all financial and performance reports and compliance with all standard conditions. Information from subawards and performance reports are provided to the Department of Justice (DOJ) Performance Measurement Tool (PMT) and Federal Funding Accountability and Transparency Act(FFATA)tomeet federal transparency requirements. Contract and grant information iualso provided tothe State nfFlorida, Department of Financial Services (DFS)vie the Florida Accountability Contract Tracking System (FACTS). This grant agreement and all correlating information including general contract, porfurmonma, amend mont/nodifioadoninformation and ocopy of the grant document is provided to FACTS to meet requirements under Chapter 2013-54 and 2013-154 Laws of Florida. If this agreement contains confidential or exempt information not subject to disclosure under Chapter 119, F.S., please contact the Office of Criminal Justice Grants (OCJG)for guidance on how to request exemption. Please complete and return the enclosed Certificate of Acceptance and Certification of Conflict of Interest forms within 30 calendar days from the date of award. Completion of the Certificate of Acceptance constitutes official acceptance of the subaward and must be received by the Department prior to reimbursement of any project expenditures. Some costs require prior written approval from OCJG and DOJ before beginning project activities. |fyour oubawand contains any such items or those listed on the Bureau of Justice Assistance (BJA) Controlled Expenditures List, a grant adjustment and written request with justification will berequired. Acorrelating special condition onyour subgrant award in the Subgrant Information Management ON-Line (SIMON) system may also be included. We look forward to working with you on this project. Please contact Senior Management Analyst Supervisor Randall Smyth at(850)617-1250 if you have any questions or we can be of further assistance. Sincerely, PethnaTuttle Herring Bureau Chief PTH/ar Enclosures � State mfFlorida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OFACCEPTANCE OF SUBGRANTAVVARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2O10JAGC'SEk4|-4-H3-01O. inthe amount of$ 14.O85.00.for aproject entitled, ELECTRONIC CONTROL DEVICES(TAGER) UPGRADE, for the period of1O01/2O15 through O8/302O16.tubeimplemented inaccordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this aubgrmnL This subaward requires that no recipient or subrecipient, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to restrict,the reporting of waste, fraud or abuse in accordance with the law to a department or agency authorized to receive such information. This ianot intended to contravene requirements applicable to classified, sensitive or exempt information. In accepting this award, the subgrantee certifies that it neither requires nor has required employees or contractors to sign such internal confidentiality agreements orstatements. (Signature ofSubgmntee'oAuthorized Official) (Print Name and Title ofOfficial) (Name nfSubgrantee) (Date ofAcceptance) Rule Reference 11D-9.O0OOCJ6-01z(rev. June 2O12) � State of Florida Office ofCriminal Justice Grants Florida Department ofLaw Enforcement 2331Phillips Road Tallahassee, Florida 32308 CERTIFICATION OFCONFLICT OF INTEREST Subgrantee: City ofWinter Springs Award Number: 2O16-JAGC-SEK4|-4-H3'O1S Decisions related to use of these grant funds must be free of undisclosed personal or organizational conflicts of intmneo(, both infact and in appearance. The subgrantee, through its authorized representative, certifies the unit of government above is compliant with OMB Uniform Grant Guidance(2 CFR Part 200), Section 200.112 and OJP Financial Guide, Section 3.20 regarding Conflict ofInterest and will notify FDLE Office of Criminal Justice Gmn<o, in wrhing, of any potential conflict ofinterest in accordance with this agreement. The recipient also agrees to disclose in a timely manner, in writing, all violations of state or federal criminal law involving fraud, bribery orgratuity violations potentially affecting this aubammnd. (Signature ofSubgranteooAuthorized Official) (Print Name and Title ufOfficial) (Date) GU0GRANTAWARD CERTIFICATE Subgrantee: City ofWinter Springs Date of Award: Grant Period: From: 1001/2015 TO: 09/302010 Project Title: ELECTRONIC CONTROL DEVICES(T7\SER) UPGRADE Grant Number: 2018-JACC-SEK8|4-H3-016 Federal Funds: $ 14.885.D0 State Agency Match: Local Agency Match: $O.00 Total Project Cost: $ 14.085.00 CFDA Number: 16.738 Award iahereby made inthe amount and for the period shown above ofmaubgrentunder Part EnfTitle | ofthe Omnibus Crime Control and Safe Streets Act of1AG8aaamended Subpart 1 ofsuch part(42U.S.C. 3751-375Q); the Consolidated Appropriations Act, 2008, Public Law 110-161; and Public Law 109-162, Title XI, Department of Justice Reauthorization, Subtitle B, Improving the Department of Justice's Grant Programs, Chapter 1,Assisting Law Enforcement and Criminal Justice Agencies, Section 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Office of Justice Programs (OJP) Financial Guid*, Common Rule for State and Local Governments, or OMB Uniform Grant Guidance (2 CFR Part 20O). in their entirety. It iaalso subject tothe attached standard conditions and such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization ofPl. 8O-351. onamended, and P1. 1UO'60O. This award is a cost-reimbursement agreement for satisfactory performance of eligible activities. Requests for reimbursement may be submitted quarterly or monthly as designated in the Financial Section of the agreement. Requests for reimbursement will be processed in conjunction with receipt and review of programmatic performance reports to determine successful completion of minimum performance for deliverables. Expenditures must be supported with documentation and verified during annual monitoring. Failure to comply with provisions of this agreement, or failure to meet minimum performance specified in the agreement will result in required corrective action up to and including project costs being disallowed,withholding of federal funds and/or termination of the project, as specified within the terms of the agreement and OMB Uniform Guidance 200.338-200.342. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. Authorized Official Petrina Tuttle Herring Bureau Chief / Date ( ) This award iasubject tospecial conditions (attoohed). Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Subgrant Recipient Organization Name: City of Winter Springs County: Seminole Chief Official Name: Charles Lacey Title: Mayor Address: 1126 East State Road 434 City: Winter Springs State: FL Zip: 32708 Phone: 407-327-5956 Ext: Fax: Email: clacey@winterspringsfl.org Chief Financial Officer Name: Shawn Boyle Title: Finance and Administrative Services Director Address: 1126 East State Road 434 City: Winter Springs State: FL Zip: 32708 Phone: 407-327-5960 Ext: Fax: Email: sboyle@winterspringsfl.org Application Ref# 2016-JAGC-2729 Section#1 Page 1 of 2 Contract 2016-JAGC-SEMI-4-H3-016 Rule Reference 11 D-9.006 OCJG-005(rev.October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Implementing Agency Organization Name: Winter Springs Police Department County: Seminole Chief Official Name: Kevin Brunelle Title: Chief Address: 300 North Moss Road City: Winter Springs State: FL Zip: 32708-2510 Phone: 407-327-1000 Ext: 400 Fax: Email: kbrunelle@winterspringsfl.org Project Director Name: Nicholas Romano Title: Lieutenant Address: 300 North Moss Road City: Winter Springs State: FL Zip: 32708-2510 Phone: 407-327-7998 Ext: Fax: Email: nromano@winterspringsfl.org Application Ref# 2016-JAGC-2729 Section#1 Page 2 of 2 Contract 2016-JAGC-SEMI-4-H3-016 Rule Reference 11 D-9.006 OCJG-005(rev.October 2005) �m����~v���^��D� ��� 8�U�K���~U��� Assistance ~��""°~~=�" "~~ " ~�m �� °__° ".=�� Florida Department of Law Enforcement Justice Assistance Grant- County-wide 41 44 LIU General Project Project Title: ELECTRDN|C CONTROL DEV|CES(TASER) UPGRADE Subgnant Recipient: City ofWinter Springs Implementing Agency: Winter Springs Police Department Project Start Date: 10/1/2015 End Date: 8/30/2016 Problem Identification Over the last 10 years, Luvv Enforcement has seen o dramatic increase in technology based applications used to improve upon an organizations ability to protect those within their communities they serve. These advancements have come inmany forms, especially with improvements inless lethal applications. Electronic Control Devices Uesars\ have played an integral part in many ofthese agencies efforts to protect not only their officers but those they encounter oswell. With the implementation ofthese EMS, officers now have another tool on their tool belt to subdue, control, and or even protect subjects they may encounter. Currently, the Winter Springs Police Department presently equips each of our patrol officers with electronic control devices, These ECO'S, (tasero)are at the end nftheir warranty and weare no longer able to repair and or purchase this model (tasers)for they have been phased out by the manufacture. These ECD's are extremely important to our organization for they provide our officers with another tool to combat aggressive combatants while also providing additional protection for themselves. Duo to the limited budget, we are unable to equip our officers with the newest technology before the manufactures warranty expires. Project Summary (Scope of Work) If approved, the Winter Springs Police Department would utilize these grant funds to purchase new Electronic Control Devices (toaers), ho|stera, and all applicable accessories such as bmtteriea, cartridQes, and training cartridges for 8 ECD systems. These devices would immediately be issued out to our officers as a means to de-escalate dangerous situations and reduce injuries toall parties involved. This less lethal option has been proven tobeeffective and continues to be a necessary tool in our agencies efforts to protect the community we serve. In addition, the upgrade tothese ECO'S will allow officers the ability toengage subjects from safe distances while utilizing the least amount of force. The affects of an ECD although intense, stop immediately when the ECD is not in use. This allows the subject to comply with the officers orders without permanent paralysis and orinjury. Thnughthepeycho|ogioa| affectatheaeECO?m have on subjects provide our officers with an overwhelming advantage when dealing with someone who ultimately does not want to comply with officers lawful orders. Each officer that is issued an ECD is required to complete annual training with the device to demonstrate proficiency with the weapon system. These officers will also beprovided with legal updates pertaining to ECD'S as well as reviewing our agencies policy outlining the deployment of ECD?a. Due to budget oonstnaints, this transition to the newer technology will be a two year process. If approved,the addition of these 8 new ECD systems will allow our organization to maintain an operation readiness and provide our Application Ref 2016-JAGC-2729 Section#2 Page I of 3 Contract 2D10-JAGC-SEK4|-4-H3- nu|eReference 110-s.onoocJo-non(mv,October 2ous) �m���0~���*~���� �^�� ��������~���� Assistance ^ ` Application "~� " ~°" ~° °_�° ~=== Florida Department of Law Enforcement Justice Assistance Grant- County-wide officers with the most current technology available tn protect all parties involved, If this grant is approved, the Winter Springs Police Department will provide copies of the invoice and purchase order associated with the procurement of these ECD. Copies of packing slip will also bemade available toshow delivery ofthis order. Application Ref# 2016-JAGC-2729 Section#2 Page 2 of 3 Cnnhuo 2D16JA8C-SEM|4-H3- eu|*Reference 110-ann6ncua'oos(mv.October 2cmo) . ^ Application for Funding Assistance Florida Department 0fLaw Enforcement Justice Assistance G[ort ' County-wide Section Questions: Question: What percentage ofthe total cost ofthis project iebeingfundedbyoourceacdhnrthon this award? Answer: O Question: What is the name of the jurisdiction(s) your agency provides service to. (e.g., City of Miami, Orange County, State ofHorida) Answer: City ofWinter Springs, Seminole County, FL Question: What is the combined population of the jurisdiction(s)your agency provides services to (according tothe most recent oensus)? Answer: 33282 Question: What is the address of the location being used to provide services for this project? Answer: 3OONMoss Road Winter Springs, FL327O8 Question: Describe your agency. (m.g.. non-pnoht' community based, government) Answer: Govern ment-Local Law Enforcement Agency Question: Have you verified that the subgrantee has an active and current registration in SAK4.gov? Answer: Yes Question: What isthe Operating Capital Outlay threshold used hythe subgrantee? If the implementing agency is a sheriffs office, indicate the sheriffs office's threshold instead. Answer: 1000 Question: Does the subgrantee receive a single grant in the amount of$750,000 or more from the U.S. Department ofJustice? Answer: No Question: Does the implementing agency receive a single grant in the amount of$750,000 or more from the U.S. Department ofJustice? Answer: No Question: In your organization's preceding completed fiscal year, did your organization (the subgrantee) receive at least (a) 80 percent or(b)$25,000,000 of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? Answer: No Question: If you answered yes above, does the public have access to information about the compensation of the executives in your organization (the subgrantee)through periodic reports filed under section 13(a) or 15(d)of the Securities Exchange Act of 1S34 (15U.S.C. 78m/o\. 78o(d)\orsection M1O4ofthe Internal Revenue Code of 108G? |fanswer tuPart 1. above, was "no." answer NA\. Answer: No Application Ref# 2016-JAGC-2729 Section#2 Page 3 of 3 Contract 2016-JAGC-SEM|-4-H3-018 Rule Reference 11o'y.00uooJa'nus(ray.October uoos) Application 6 Assistance Florida Department of Law Enforcement Justice Assistance Grant- County-wide <r�)it1� i-�j � �x�iunM,,;/ 1� 1� ,y.(JnvVy�i/ �+'�lcH'P� a'f�iY,r�F;. kf�r� �r�/b�r''^ ��i�'�'l�il ry�"✓/I kf Y,A�;k'of,7 'n ��' General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 01 - Law Enforcement(Includes Task Forces) State Purpose Area: 1G - General Questions --_ -- Objectives and Measures ----_ __— Objective: General Questions - General Questions for All Recipients Measure: General 01 Will your organization be using the crimesolutions.gov website during the grant period regardless of JAG funding? Crimesolutions.gov provides information on several crime reduction and prevention programs and practices. Goal: No Measure: General 02 Will your organization be using the The National Training and Technical Assistance Center(NTTAC) during the grant period, regardless of JAG funding? The NTTAC serves as BJA°s training and technical assistance center. You can find resources, tools, webinars, and TTA support on a variety of criminal justice issues and initiatives. Goal: No Measure: General 03 Will your organization be using the NCJP.org website during the grant period, regardless of JAG funding? NCJP.org contains resources to support strategic planning, program development, and implementation of evidence-based policy and practice. Goal: No Measure: General 04 Will your organization be using the Evidence-Based Policing Matrix during the grant period regardless of JAG funding? The Evidence-Based Policing Matrix provides information on evidence-based practices for law enforcement. Goal: No Measure: General 05 Will your organization be using the What Works in Reentry Clearinghouse during the grant period regardless of JAG funding? The clearinghouse provides research on the effectiveness of reentry programs and practices. Goal: No Measure: General 06 Application Ref# 2016-JAGC-2729 —� _ Section#3 Page 1 of 3 Contract 2016-JAGC-SEMI-4-H3- Rule Reference 11 D-9.006 OCJG-ods(rev.October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant- County-wide a;��kl/x '' aii'!� iarrr�n7�efxyP �ff"a+"x ', .�liiM,"x�lY .ra��5r �W3fl� a�w'%^.,vl ��,H '�a, fl i,.f'x;�/ fffa�r�"ti.x/ri .rrxl ,Jx4�r, vp�adi�ti'J��41; im:.`�%r�,rry,'Mxn.}ik �; Will your organization be using Research to Practice during the grant period regardless of JAG funding? Research to Practice promotes the dissemination of research on drug courts to practitioners and policyrnakers. Goal: No Measure: General 07 Will your organization be using any other resources during the grant period regardless of JAG funding? If yes, please describe them. Goal: None Measure: General 08 During the grant period, will your agency conduct or sponsor(with or without JAG funds)a survey or focus group of citizens on any of the following topics? Enter all that apply from the following list: Public satisfaction with police services; public satisfaction with prosecution services; public satisfaction with public defender/indigent defense services; public satisfaction with courts; public perceptions of crime/disorder problems; personal crime experiences of citizens; none of the above; unsure/don't know. Goal: No Measure: General 09 During the grant period, which of the following community activities will your organization be involved in, with or without JAG funds and how often will they each occur (yearly, monthly, etc.)? Choose from the following list: Hosting community meetings; attending community meetings; distributing a newsletter, e-mail, or other bulletin; attending community events; conducting social media activities; conducting outreach to minority populations; other(please describe) Goal: Hosting community meetings; attending community meetings; distributing a newsletter, e-mail, or other bulletin; attending community events. Measure: General 10 Law Enforcement Agencies ONLY: In which of the following ways has your agency fostered community involvement in the last year? Enter all that apply from the following list: Citizen Review Board or other review board with citizen representation, Citizen's Police Academy, Internships for university or high school students, Volunteer Program, Auxiliary police officer program, Police Cadet Program, k-12 school programs, Youth Athletic Programs, Other(please Describe), None of the above, Unsure/Don't know. Goal: Citizen's Police Academy, Internships for university or high school students, Volunteer Program, Auxiliary police officer program, Police Cadet Program, k-12 school programs, Youth Athletic Programs. Measure: General 11 Identify the goal(s)you hope to achieve with your funding. If you have Application Ref# 2016-JAGC-2729 Section#3 Page 2 of 3 Contract 2016-JAGC-SEMI-4-H3- Rule Reference 11 D-9.006 OCJG-005(rev.October 2005) Aa���H^��t~K��� �«�� ��U�8�*�~���� Assistance Application - Funding - --- - —� Florida Department Of Law Enforcement Justice AsSiSt@MC0 Grant - County-wide multiple goo|s, describe each goal separately. Goal: Purchase the newest technology Toeerfor our Patrol Officers Measure: General 12 Are the subrecipient and implementing agency aware that they will be required to report on the status of the identified goals during each reporting period? Goal: Yes Measure: General 13 Describe any barriers you may encounter which may prevent you from achieving your identified gno|(s). Goal: None Measure: General 14 Are you aware that the Office ofCriminal Justice Grants enuaurogeuredpient to report on any noteworthy accomplishments, success stnhes, or program results that they would like to showcase? Goal: Yee State Purpose Area: 3E - Equipment. Supplies, and Technology Enhancements Objectives and Measures Objective: Equipment Questions for all recipients purchasing Equipment. Supplies, and Technology Enhancements. Measure: Equipment 1 Do the Subrenipientand Implementing agencies understand that they will be required to submit an itemized account of all items purchased during each reporting period as part oftheir performance reporting? Goal: yen Contract 201S-JAG[-SEM|4-H3- nv|oReference 11n9oneocJe'oos(ns.October 2oos) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR/Vendor Number: 591026364 Budget: Budget Category Federal Match Total Salaries and Benefits MOO $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $4,815.45 $0.00 $4,815.45 Operating Capital $9,269.55 MOO $9,269.55 Outlay Indirect Costs $0.00 $0.00 $0.00 Totals -- $14,085.00 $0.00 $114,085.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref# 2016-JAGC-2729 Section #4 Page 1 of-3 - Contract 2016-JAGC-SEMI-4-H3- Rule Reference 11 D-9,006 OCJG-005(rev.October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant- County-wide 1:"vil AM"i Budget Narrative: Expenses (9) Batteries-$54.50 each ($490.50) (9) Holsters-$65.85 each ($592.65) (53) Cartridges-$31,50 each ($1669.50) (38)Training Cartridges- $30.60 each ($1162.80) (9) Taser Warranties Pro Rated $6.63 each per/month for 12 months ($716.04) Shipping and handling- ($183.96) Capital Budget Outlay: (9) Taser-$1029.95 each ($9269.55) Expenses Total: $14,085.00 The City of Winter Springs will be responsible for any overages. Application Ref# 2016-JAGC-2729 Section#4 Page 2 of 3 Contract 2016-JAGC-SEMI-4-H3- RWe Reference 11 D-9.006 OCJG-005(rev.October 2005) ���U^���~��� ��� ����~�� ���~�t�nce ' . �~�.�""~��~« °~� Funding~° °��=« =^ Florida Department nfLaw Enforcement Justice /\SsiSt8OCe Grant - County-wide Section Questions: Question: If the budget contains salaries and benefits, will this project result in a net personnel increase, or continue to fund a prior federally grant funded net personnel increase? Answer: No Question: If Expenses or Operating Capital Outlay are included in your budget, what will be the method ofprocurement for those items? (n.g., competitive bid, sole source, state henn contract) Answer: Sole Source Question: |findirect cost is inc|uded, explain the indirect cost plan. Provide documentation of approval. Answer: N/A Question: If contractual services in the budget are based on unit conts, provide u definition and breakdown of cost for each service. Include the methodology for the unit cost plan and when itwas approved, Answer: N64 Application Ref# 2016-JAGC-2729 Section#4 Page 3 of 3 Contract 2O1G'JAG[-SEK8{4-H3- *uleReference 11o'Mueocue'ons(rev.October cous) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 56466 h'& Standard) Corydtions Insert Standard Conditions Page here. Application Ref# 2016-JAGC-2729 Section#5 Page 1 of 1 Contract 2016-JAGC-SEMI-4-N3-016 Rule Reference 11 D-9.006 OCJG-005(rev.October 2005) ' . Edward Byrne Memorial Justice Assistance Grant ) Program STANDARD CONDITIONS The State ofFlorida, Department nfLaw Enforcement(FDLE) ismrecipient offederal JAG funds. FDLE, as the non- federal pass-through entity and State Administering Agency(SAA)for this program, subawards JAG funds to eligible units ofgovernment. All subawards made by FDLE to units of government under this program require compliance with the agreement and Standard Conditions upon signed acceptance of the subaward. Upon approval of the application, or subaward, the following terms and conditions will become binding. Auaunit of government, the subrecipient will maintain required state and federal registrations and certifications for eligibility under this program. For JAG-Countywide subawards,the designated County Coordinator for local units of government will submit documentation in accordance with Florida Administrative Code 11 D-9 supporting the strategic planning for allocation ofthese funds. The subrecipient agrees to submit required programmatic and financial reports supporting eligible activities were completed in accordance with the grant and program requirements. The Department will only reimburse oubredpientofor authorized activities. The Department will not reimburse for costs incurred for any purpose other than those specified inthe agreement, Failure tocomply with provisions ofthis agreement, orfailure toperform grant activities as specified in the agreement, will result in required corrective action up0oand including financial consequences. Afinancial consequence may beimposed for non-compliance in accordance with 2C.F.R. §200 and these Standard Condidonn, including but not limited to project costs being disallowed, withholding of federal funds and/or termination of the project. GENERAL REQUIREMENTS All subrecipients must comply with requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide(Financial Guide), hftp:Vojp.0oWDnonuia|gu|de/DOJ/pdha/2O15_DDJ_Financio|Guide.pdf, the Edward Byrne Memorial Justice Assistance Grant(JAG) program guidance,federal statutes, pegu|atione, policies, guidelines and requirements and Florida laws and regulations including but not limited to: Florida Administrative Code,Chapter 11 D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Ppmgram": Office ofManagement and Budget(O0YB) Uniform Grant Guidance(2C.F.R.§208)Subpart ADefinitions, Subparts B-D Administrative Requirements,Subpart E Cost Principles, Subpart FAudit Requirements and all applicable Appendices.This guidance supersedes previous OMB Circulars and Standard Conditions and is applicable to any new subawards made under Federal grants awarded on or after December 26, 2014. Code ofFederal Regulations: 2C.F.R. § 175.15(b). "Award Term for Trafficking in Persons" 28C.F.R. § 38. "Equal Treatment for Faith-Based Organizations" 28C.F.R. § 66, "U.S. Department of Justice Common Rule for State And Local Governments"(Common Rule) 28 C.F.R. § 83, "Govern me nt-Wide Requirements for Drug-Free Workplace(Grants)" 28C.F.R. §§ 18. 23. 23.3V. 35.4%.G1.and 83 Public Law Pub. L. No. 1D9-iG2.Title XI—Department of Justice Reauthorization, Subtitle B—Improving the Department of Justice's Grant Programs,Chapter 11—Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: United States Code: 42 U.S.C. §§3711etoeq.. "Omnibus Crime Control and Safe Streets Act of19GD" State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: SFY2016 JAG Standard Conditions Page 1 of 20 Rev. 10/2015 State ofFlorida Statutes §215.971. "Agreements funded with federal orstate assistance" 8215.S85. "Transparency ingovernment spending" DEFINITIONS Disallowed costs means those charges to a Federal award that the Federal awarding agency or pass-through entity determines to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions ofthe Federal award. Equipment means tangible personal property(including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established bythe non-Federal entity for financial statement purposes, or$5.0O0. See also§§20O.12. "Capital auoets^; 20U2O. "Computing davicee^; 20O.4O. "General purpose*quipmen�� 2OO.5O. "Information technology systems;2OO.88. "Special purpose equipment"; and 2DO.04.^Supp|ieo.^ Grant agreement means a legal instrument of financial assistance between a Federal awarding agency or pass- through entity and a non-Federal entity that, consistent with 31 U.G.C. §§8302.63O4. iaused toenter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass- through entity to the non-Federal entity to carry out a public purpose authorized by a law of the United States(see 31 U.S.C. §6101(3)); and not to acquire property or services for the Federal awarding agency or pass-through entity's direct benefit or use; and is distinguished from a cooperative agreement in that it does not provide for substantial involvement between the Federal awarding agency or pass-through entity and the non-Federal entity in carrying out the activity contemplated by the Federal award. Improper payment means any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative,or other legally applicable requirements and; Improper payment includes any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. Micro-purchase means a purchase of supplies or services using simplified acquisition procedures, the aggregate amount of which does not exceed the micro-purchase threshold. The non-Federal entity uses such procedures in order to expedite the completion of its lowest-dollar small purchase transactions and minimize the associated administrative burden and cost. The micro-purchase threshold is set by the Federal Acquisition Regulation at 48 C.F.R. Subpart 2.1.'`Definitiona^ |tio$3.0OOexcept aaotherwise discussed inSubpart 2.1 ofthat regulation, but this threshold iaperiodically adjusted for inflation. Modified Total Direct Cost(MTDC) means all direct salaries and wages, applicable fringe benefits, materials and supplies, services,travel, and up to the first$25,000 of each subaward (regardless of the period of performance of the subawards under the award). IVITDC excludes equipment, capital expenditures, charges for patient care, rental costs,tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess ofs25.O0O Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. Non-Federal entity is a state, local government, Indian tribe, institution of higher education(IHE), or nonprofit organization that carries out aFederal award aoarecipient oroubeoipient. Non-federal pass-through entity is a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program-,the Florida Department of Law Enforcement(FDLE) is the non-federal pass-through entity for this agreement, also referred tnauthe State Administering Agency(S/V\ Performance goal means a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate. In some instances (e.g., discretionary research awards),this may be limited to the requirement to submit technical performance reports (to beevaluated inaccordance with agency pn|icy). Period of performance means the time during which the non-Federal entity may incur new obligations to carry out the work authorized under the Federal award.The Federal awarding agency or pass-through entity must include start and end dates of the period of performance in the Federal award (see§§200.210 Information contained in a Federal award paragraph (a)(5)and 20O331 Requirements for pass-through entities, paragraph (a)(1)(iv)). ' Protected Personally Identifiable Information (PII)means an individual's first name or first initial and lastname in combination with any one or more of types of information, including, but not limited to social security numbers; passport numbers-, credit card numbers; clearances; bank numbers; biometrics; date and place of birth; mother's maiden name; criminal, medical, and financial records; and educational transcripts.This does not include PH that is required by law to be disclosed. (See also §200.79 Personally Identifiable Information (Pll)). Questioned cost means a cost that is questioned by the auditor because of an audit finding 1)that resulted from a violation or possible violation of a statute, regulation, or the terms and conditions of a Federal award, including for funds used to match Federal funds; 2)where the costs, at the time of the audit, are not supported by adequate documentation;or 3)where the costs incurred appear unreasonable and do not reflect the actions aprudent person would take inthe circumstances. Simplified acquisition threshold means the dollar amount below which a non-Federal entity may purchase property orservices using small purchase methods. Non-Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold iaset bythe Federal Acquisition Regulation at 48 C.F.R. Subpart 2.1 (Definitions)and in accordance with 41 U.S.C. § 1908.Aoofthe publication of this pad, the simplified acquisition threshold is$150,000, but this threshold ieperiodically adjusted for inflation. (Also see definition of§2OO.07Micm-pumhooej Subaward/Subgrant means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program.A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program-, but does not include an individual that is a beneficiary of such program.A subrecipient may also be arecipient ofother Federal awards directly from aFederal awarding agency. Supplies means all tangible personal property other than those described in 2 C.F,R� §200.33, "Equipment",A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non-Federal entity for financial statement purposes or$5,000, regardless of the length of its useful life. See also§§ 2OO.20. "Computing devices"and 2UO33. ^Equipmeni^ SECTION 1: TERMS AND CONDITIONS The oubneoipientagrees iobebound bythe following standard conditions: 1.0 Payment Contingent on Appropriation and Available Funds -The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore,the obligation of the State of Florida to reimburse subrecipients for incurred costs is subject to available federal funds. 2.0 System for Award Management(SAM)-The subrecipient must maintain current information in SAM until it submits the final financial report required under this award or receives the final payment,whichever is later. This requires that the subrecipient review and update the information at least annually after the initial registration, and more frequently if required by changes in its information or another award term. IO Commencement ufProject If a project is not operational within 60 days of the original start date of the award period,the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. 31 If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. 3.2 Upon receipt of the ninety(90)day letter,the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subaward funds toother Department approved projects. The Department,where warranted byextenuating circumstances, may extend the starting date of the project past the ninety(90)day period, but only by formal written adjustment 0othis agreement. 4.0 Supplanting-The subrecipient agrees that funds received under this award will not be used to supplant state SFY2016 JAG Standard Conditions Page 3 of 20 Rev. 10/2015 or local funds, but will beused 0mincrease the amounts ofsuch funds that would, inthe absence nffederal fundo, be made available for law enforcement activities. 5.0 Personnel Changes- Upon implementation of the pnojent, in the event there is a change in Chief Officials for the Subrecipient or Implementing Agency or any contact information to include mailing address, phone number, email or title change, project staff must notify the SIMON help desk to update the organizational information inS|K8ON. Project director changes require agrant adjustment inS|MON. 6.0 Non-Procurement' Debarment and Suspension The nubmcipientagrees 0ocomply with Executive Order 1254O. Debarment and Suspension and 2C.F.R� § 18O. ^DK�BGuidelines ToAgencies 0nGovammmrtwide DobunnentAndSuoponoion (Non-procunamen�^ These procedures require the oubrecipienttocertify that d shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible oriovoluntarily excluded from participating inthis covered tmnuaction, unless authorized by the Department. 7.0 Federal Restrictions on Lobbying-Each subrecipient agrees to comply with 28 C.F.R. §6Q. "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 subrecipient for award of federal contract, grant, orcooperative agreement. 8.0 State Restrictions onLobbying |naddition tuthe provisions contained above, the expenditure offunds for the purpose of lobbying the legislature or a state agency is prohibited under this agreement. 9.0 Additional Restrictions on Lobbying The mubr*dpientunderstands and agrees that i1cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government,without the express prior written approval of the Office of Justice Programs. 10.0 "Pay—to—Stay" - Funds from this award may not be used to operate a"pay-to-stay" program in any local jail. Furthonnnm, no funds may be given to local jails that operate"pay-to-stay"programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. |tdoes not include juvenile detention centers. ^Pay-to'stay^ programs aoreferenced inthis condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon an offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 11.0 The Coastal Barrier Resources Act-The subrecipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act(Pub..L. No. 97-348)dated October 19, 1982 (10U.S.C. §§3501 et seq.)which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 12.0 Enhancement of Security |ffunds are used for enhancing security, the aubmoipientagrees to: 12.1 Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. 12.2 Conduct such an assessment with respect to each such enhancement; and submit to the Department the aforementioned assessment inits Final Program Report. 13.0 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§435 Fla. Stat. shall apply. 18.1 All positions in programs providing care tochildren,the developmentally disabled, n/vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to§ 435. Fla. Stai. using the level 2standards set forth inthat chapter. 13.2 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 SFY2O1GJAG Standard Conditions Page 4of2O ' . . 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. 13.2.1 Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment insuch position or, ifemployed, shall bedismissed. 13.2.2 Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required,the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department ofLaw Enforcement for any costs incurred byhinthe processing ofthe fingerprints. 14.0 Privacy Certification-The subrecipient agrees to comply with all confidentiality requirements of 42 U.S.C. § 378Qgand 28C.F.R. §22 that are applicable to collection, use, and revelation of data or information. Subrecipient further agrees, as a condition of grant approval,to submit a Privacy Certificate that is in accord with requirements of28C.F.R. §§22and, inparticular, section 22.23. Privacy Certification forms must be signed by the subrecipient or implementing agency chief official or an individual with formal,written signature authority for the chief official. 15.0 Conferences and Inspection of Work- Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department,of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 16.0 Insurance for Real Property and Equipment-The subrecipient must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned bythe non-Federal entity. SECTION II: CIVIL RIGHTS REQUIREMENTS 1.0 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 subrecipients, implementing agencies, and contractors must comply with any applicable statutorily-imposed nondiscrimination requirements,which may include the Omnibus Crime Control and Safe Streets Act of1SO8(42U.S.C. § 3788d)�the Victims ofCrime Act(42 U.S.C. § 1O0U4(a));The Juvenile Justice and Delinquency Prevention Act of2OO2 (42U.S.C. §5O72(b));the Civil Rights Act of10O4(42U.&C. §2UOOd); the Rehabilitation Act of1873 (29 U.S.C. §794);the Americans with Disabilities Act of1BSO(42U.S.C. § 1213l-34);dheEduomhon Amendments of1S72 (ZOU.S.C. §§1881. 1O83. 1885-8O); the Age Discrimination Act of1975 (42U.8.C. §§ 61O1'O7); and Department nfJustice Non-Discrimination Regulations 28C.F.R. @42; see Ex. Order 1327S (equal protection ofthe laws for faith-based and community nrganizehons). 2.0 FIDLE does not discriminate on the basis of race,color, religion, national origin, sex, disability, or age in the delivery ofservices orbenefits orinemployment. The subrecipientmust notify program participants and beneficiaries that it does not discriminate on the basis ofrace, co|or, national origin, m|igion, sex, disability, and age inthe delivery ofservices orbenefits orinemployment practices. 3.8 Subrecipients are responsible for ensuring that contractors and agencies to whom they pass through funds are in compliance with all Civil Rights requirements and that those contractors and agencies are aware that they may file a discrimination complaint with the subreopionL with FDLE, or with the Office for Civil Rights(OCR), and how todnso. 4.0 Equal Employment Opportunity Plans 41 Aaubnauipientorimplementing agency must develop anEEO Plan ifithas 5Oormore employees and has received any single award of$25,000 or more from the Department of Justice. The plan must be prepared using the online short form at . must be SFY2O1OJAG Standard Conditions Page 5of2O Rev. 102015 retained by the subrecipient or implementing agency, and must be available for review or audit. The organization must also submit anEEO Certification 1oFDLE. 4.2 If the subrecipient 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 ofJustice for approval. Acopy ofthe Department ofJustice approval letter must b* submitted\oFDLE The approval letter expires two years from the date ofthe letter. 4.3 A subrecipient 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. 44 The subrecipient 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 ooitioincompliance. 5.0 |nthe event afederal nrstate court orfederal orntateodmininkohvea0annymakaoafindingofdioohminehon 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 ofJustice Programs. 6.0 In accordance with federal civil rights laws, the subrecipient shall not retaliate against individuals for taking action orparticipating inaction|osecure rights protected bythese laws. 7.0 Subrecipients must include comprehensive Civil Rig hts/Nond iscri mi nation Provisions in all contracts funded by the nubgmnt recipient. 8.0 If the subrecipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint,they may file a complaint with the subrecipient, with FDLE, or with the Office for Civil Rights. Discrimination complaints may be submitted to FDLE at Office of the Inspector General, Post Office Box 1489, TeUahaaoea, Florida 32302-1480. nronline a1 . Discrimination complaints may also be submitted hnthe Office for Civil Rights, Office ufJustice Programs, U.S. Department ofJustice, 810 7 th Stx*e , Northwest,Washington, D.C.2O531. orbyphone sK(202)3O7'O8Q0. 9.0 The subrecipient must have procedures in place for responding to discrimination complaints that employees, clients, customers, and program participants file directly with the subrecipient. 10.0 The subrecipient must have written policies or procedures in place for notifying program beneficiaries how to file complaints alleging discrimination by the subrecipient/implementing agency with FDLE or the OCR. 11.0 Any discrimination complaints filed with FDLEwiU be reviewed by FDLE'o Inspector General and referred to the Office for Civil Rights,the Florida Commission on Human Relations, or the Equal Employment Opportunity Commission, based onthe nature ofthe complaint. 12.0 Americans with Disabilities Act Subpeoipientomust comply with the requirements ofthe Americans with Disabilities Act(ADA) (Pub. L No. 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 11), public accommodations (Title 111), and telecommunications (Title |\). 13.0 Rehabilitation Act ofiS73 (28C.FR.§42(3))' |fthe oubmrpien1has 5Dmvmore employees and receives DOJ funding of$25,000 or more,the subrecipient must take the following actions: 13.1 Adopt grievance procedures that incorporate due process standards and provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Section 504 ofthe Rehabilitation Act of1073.founda(2DC.F.R. y42(6).vvhiohpmhibitdisohminationonthobaoio ufudisability inemployment practices and the delivery ofservices. 13.2 Designate a person 1ocoordinate compliance with the prohibitions against disability discrimination contained in28Cf.R. §42(G). SFY2O10JAG Standard Conditions Page Oof2O ^ 13.3 Notify participants, beneficiaries, employees, applicants, and others that the subrecipient/implementing agency does not discriminate nnthe basis ofdisability. 14.0 Limited English Proficiency(LEP)- In accordance with Deportment of Justice Guidance pertaining to Title V| o(the Civil Rights Act of1SO4(42U.S.C. §2OUOd). recipients offederal 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 individua|a, please see the website at)6m����gov. FDLE strongly encourages uubgrant recipients to have a written LEP Language Access Plan. 15.0 Title |Xofthe Education Amendments of1972(28C.F.R.§54)' |fthe subrecipientoperates aneducation program oractivity, the subreoipientmust take the following actions: 151 Adopt grievance procedures that provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Title IX of the Education Amendments of 1972, found at 28C.F.R. § b4. which prohibit discrimination onthe basis ofsex. 152 Designate a person to coordinate compliance with the prohibitions against sex discrimination contained in28Cf.R. §54� 15.3 Notify applicants for admission and employment, employees, students, parents, and others that the subrecipient/implementing agency does not discriminate on the basis of sex in its educational programs or activities. 16.0 Equal Treatment for Faith Based Organizations -The subrecipient agrees to comply with the applicable requirements of28Cf.R. § 38. theDopnhmen|ofJuutioamgu|ationgoveming^Equa|TeatmentforFmith Based Organizations" (the"Equal Treatment Regu|mtion^) The Equal Treatment Regulation provides inpart 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 recipient orosuhreoip|entmust bevoluntary. 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 ofservices unthe basis ofebeneficiary's religion. The uubmoipientalso understands and agrees that award funds may not beused todiscriminate against ordenigrate the religious ormoral beliefs ofstudents who participate in programs for which financial assistance is provided from the award, or the parent or legal guardian of such students. Notwithstanding any other special condition of this award, faith-based organizations may, insome circumstances, consider religion amabasis for employment. Gee . 17.0 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 in8U,&C. § 1324o(e). Section 274A(e) ofthe Immigration and Nationality Act(^|NA"). 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 subrecipient of the employment provisions contained in Section 274A(e)of the INA shall begrounds for unilateral cancellation ofthis contract bythe Department. SECTION III: FINANCIAL REQUIREMENTS AND RESPONSIBILTY 1.0 Fiscal Control and Fund Accounting Procedures 1.1 All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide,the Common Rule, and OMB Uniform Grant Guidance (2 C.F.R§2OO) as applicable, in their entirety. 1.2 Subrecipiantomust have written procedures for procurement transactions. Procedures must ensure that all solicitations follow 2CfR, §20031QCompetition. 1.3 The subrecipient is required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them.As a subrecipient, you must have a financial management system in place that is able to record and report on the receipt, obligation, and SFY2O1OJAG Standard Conditions Page 7of2O Rev. 102015 expenditure ofgrant funds.An adequate accounting system for eoubmdpiontmust beable to accommodate afund and account structure toseparately track receipts, expenditures, assets, and liabilities for awards, programs, and aubrodpiontn. 1.4 All funds spent on this project shall be disbursed according to provisions of the project budget as approved bythe Department. 1.5 All funds not spent in accordance with this agreement shall be subject to repayment by the subrecipient. SECTION IV: SUBAWARD MANAGEMENT AND REPORTING REQUIREMENTS 1.0 Obligation of Subrecipient Funds-Subaward 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 subrecipient's project are eligible for reimbursement. All payments must be completed within thirty(30)days of the end of the subaward period ofperformance. 3.0 Advance Funding-Advance funding may be provided to a subrecipient upon a written request to the Department. The request must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer o/the Chief Financial Officer designee. 3.0 Trust Funds 3.1 The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund may ormay not beaninterest bearing account. 3.2 The account may earn interest, but any earned interest must be used for program purposes and expended before the federal grant period end date. Any unexpended interest remaining a|the end of the federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau ofJustice Assistance. 4.0 Performance 4.1 Subemmrd Performance The oubreo|pien1must comply with state and federal requirements for xubuwmrdperformance under 2C.F.R. §§2OO7Gand 20O.77. The»ubawardshall describe the timing and scope of expected performance as related to the outcomes intended to be achieved by the program. Where appropriate,the oubavvard should provide specific performance goals, indica1nm, milestones, or expected outcomes (such as outputs, or services performed or public impacts of any of these)with an expected timeline for accomplishment. Submitted programmatic reports must clearly articulate,where appropriate, performance during the execution of the award has met a standard against which the subrecipient's performance can be measured.These requirements should be aligned with agency strategic goals, strategic objectives, orperformance goals that are relevant 1othe program. 4.2 Performance of Agreement Provisions In the event of default-, non-compliance; or violation of any provision of this agreement bythe oubreoipionL the oubrecipiont'oconsultants and oupp|iem, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation,termination,or suspension of the agreement in whole or in part. |nsuch event, the Department shall notify the subrecipient of its decision thirty(30)days in advance of the effective date nfsuch sanction. The subrecipient shall be paid only for those services satisfactorily performed prior to the effective date ofsuch sanction. 5.0 Grant Adjustments-Subrecipients must submit a grant adjustment through SIMON for major substantive changes such as: scope modifications orchanges 10 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 that affect a cost category that was not included in the original budget. Adjustments are also required when there will be a transfer of 10% or more of the total budget between budget categories, orthere ioanindirect cost rate category change. 5.1 Subrecipients 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. SFY2O18JAG Standard Conditions Page 8nf2O Rev. 10/2015 , 5.2 Under nocircumstances can transfers offunds increase the total budgeted award. 5.3 Requests for changes to the subaward agreement must be electronically signed by the subrecipient or implementing agency's chief official orthe chief official's designee. 5.4 All requests for changes must be submitted in SIMON no later than thirty(30)days prior to grant expiration date. 6.0 Required Reports -All reports must relate financial data to performance accomplishments. Subrecipienta must submit both reports onthe same reporting cycle. 6.1 Financial Expenditure Reports 6.1.2 The subrecipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report{othe Department. Project Expenditure Reports are due thirty(3O)days after the end ofthe reporting period. |naddition, ifthe oubovvordperiod ieextended, additional Project Expenditure Reports shall besubmitted. 6.1.3 All project expenditures for reimbursement of subrecipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants(OCJG)through the SIMON (Subgrant Information Management Online). G.1.4 All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-audit and post-audit. 6J.5 Before the'fina|^ Project Expenditure Report will bmprocessed, the uubmoipierdmust submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. 6.1.6 Reports are 0obmsubmitted even when noreimbursement inbeing requested. 6.1.7 The report must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer orthe Chief Financial Officer's designee. 6.2 Project Performance Reports 6.21 Reporting Time Frames:The subrecipient shall submit Monthly or Quarterly Project Performance Reports in SIMON, hereafter known as the Department,within fifteen (15) days after the end ofthe reporting period. |naddition, ifthe sub award period ioextended beyond the"original" project period, additional Quarterly Project Performance Reports shall be submitted. 6.2.2 Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in Section IV 4.2, Performance of Agreement Provisions. 8.2.3 Report Contents: Performance Reports must include a response to all objectives included in youroubawurd. A detailed response is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. Additional information may be required if necessary to comply with federal reporting requirements. 6.14 Submission: Performance Reports may be submitted by the Project Director,Application Manager, orPerformance Contacts. 6.3 Project Generated Income(PGI) -All income generated as a direct result of a subgrant project shall b*deemed program income. Program income must beaccounted for and reported inS|MONin accordance with the OJP Financial Guide(Section 3.4) 6.3.1 Required Reports the mubneopientshall submit Quarterly PGI Earnings and Expenditures Reports to the Department within thirty(30)days after the end of the reporting period covering subaward project generated income and expenditures during the previous quarter. |fany PGI SFY2016 JAG Standard Conditions Page 9 of 20 Rev. 102015 remains unspent after the subaward ends,the subrecipient must continue submitting quarterly PGI reports until all funds are expended. 63.2 PGI Earnings and Expenditure reports must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer's designee. 6.3.3 PG1 Expenditure-Program income should be used as earned and expended as soon as possible and used 10further the objects inwhich the award was made. Any unexpended PG| remaining at the end of the federal grant period must be submitted to OCJG for transmittal to the Bureau ofJustice Assistance. 6.4 Other Reports -The subrecipient shall report to the Uniform Crime Report and other reports as may be reasonably required bythe Department. SECTION V: MONITORING AND AUDITS 1.0 Access to Records -The Florida Department of Law Enforcement,the Auditor General of the State of Florida, the U.S. Department of Justice,the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subrecipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. The Department reserves the right to unilaterally terminate this agreement if the subrecipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject tnprovisions of§ 11Q. Fla. Stat., unless specifically exempted and/or made confidential by operation of § 110. Fla. Stat., and made orreceived bythe oubneoipientorits contractor in conjunction with this agreement. The subrecipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 2.0 Monitoring The recipient agrees tncomply with FDLE'ugmnt monitoring guido|inmn, pmt000|a, and procedures; and to cooperate with FIDLE 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 ofPayment(EAP) The recipient agrees toprovide FDLEall documentation necessary to complete monitoring of the award and verify expenditures in accordance with § 215.971, Fla. Stat. Further,the recipient agrees to abide by reasonable deadlines set by FDLE for providing requested documents. Failure to cooperate with grant monitoring activities may result in sanctions affecting the recipient's award, ino|uding, but not limited to:withholding and/or other restrictions on the recipient's access io funds, referral to the Office of the Inspector General for audit review, designation of the recipient as a FIDLE High Risk grantee, ortermination ofawand(o). 3.0 Property Management-The subrecipient 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 according|ofederal property management standards set forth inthe Office ofJustice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, or 2 C.F.R.§ 20O. uoapplicable. This obligation continues aslong aothe uuhmoipinnt retains the property, notwithstanding expiration ofthis agreement. 31 Property Use-The subrecipient must use equipment acquired under a Federal award for the authorized purposes of the project during the period of performance, or until the property is no longer needed. Subrecipients must use, manage, and dispose of equipment acquired under a Federal award in accordance with§274. Fla. Stat. and 2Cf.R. §2OU.313. ^Equipmen�. 4.0 Subaward Closeout-A Financial Closeout Audit shall be submitted to the Department within forty-five (45) days ofthe end date ofthe performance period. 4.1 The Financial Closeout Audit must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer's designee. . 5.0 High Risk Subreoiphent 'The aubn*dpien agrees tocomply with any additional requirements that may be imposed during the grant performance period if FDLE's pre-award risk assessment or the U.S. Department of Justice determines the nubmcipientivahigh-risk grantee. Cf.28Cf.R. §§86. 7O. 6.0 Reporting, Data Collection and Evaluation -The subrecipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant(JAG). Compliance with these requirements will bemonitored by FDLE. 7.0 Retention ofRecords The subrecipient shall maintain all records and documents for a minimum of five(5) years from the date of the final financial statement and be available for audit and public disclosure upon request ofduly authorized persons. The aubreoipien/shall comply with State ofFlorida General Records Schedule GS1-SL for State and Local Government Agencies: 8.0 Disputes and Appeals-The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subrecipient shall proceed diligently with the performance of this agreement according tothe Department's decision. If the subrecipient appeals the Department's decision,the appeal also shall be made in writing within twenty-one (21)calendar days to the Department's clerk(agency clerk). The subrecipient's right to appeal the Department's decision is contained in§ 120, Fla. Stat., and in procedures set forth in Rule 28-106.104. Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver ofproceedings under§ 120. Fla. Stat. 9.0 Single Annual Audit 91 Subrecipients that expend$750,000 or more in a year in federal awards shall have a single audit or program-specific audit conducted for that year. The audit shall beperformed inaccordance with 2 Cf.R. §200(F)Audit Requirements and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received, and funds disbursed, When applicable, the subrecipient shall submit an annual financial audit that meets the requirements ofFlorida Statutes 11.45.^Defini1ions� duties;muthuhbee� reports; m|os.^; 215.S7. "Florida Sing|eAuditAct^; Ru|000fiheAuditorGenend� Chopter1O.55O. ^L000| Govemmmnta| EndtyAudits"; and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For-Profit Organizations." 92 A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its uomp|etinn, but no later than nine (9) months after the audit period. In order to be complete,the submitted report shall include any management letters issued separately and management's written response to all findings, including audit report and management letter findings. Incomplete audit reports will not beaccepted bythe Department. 8.3 Audi1ssha|| beoomp|etedbyan |ndepmndontPub|icAouountani(|PA) andaccurdingtoBenena||y Accepted Government Auditing Standards(GAGAS). The IPA shall be either a Certified Public Accountant oraLicensed Public Accountant. Subreuipientsshall procure audit services according to§ 200.509, and include clear objectives and scope of the audit in addition to peer review reports to strengthen audit quality and ensure effective use ofaudit resources. 9.4 The subrecipient shall promptly follow-up and take appropriate corrective action for any findings on the audit report in instances of noncompliance with federal laws and regulations, including but not limited to preparation of a summary schedule of prior audit findings and a corrective action plan. Subrecipien1 follow-up toaudit findings must abide byrequirements in2CF.R. Q20M11. 9.5 Auditees must make copies available for public inspection and ensure respective parts of the reporting package donot include protected personally identifiable information. Records shall bemade available upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing bythe Department. M Subrecipients that expend less than$750,000 in federal awards during a fiscal year are exempt from the audit requirements of2C.F.R. §2OO(F)for that fiscal year. |nthis case,written notification,which can be in the form of the"Certification of Audit Exemption"form, shall be provided to the Department by the Chief Financial Officer,or designee,that the subrecipient is exempt. This notice shall be provided to the Department no later than June 30 following the end of the fiscal year. 9.7 If this agreement is closed without an audit,the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. 9.8 The Federal Audit Clearinghouse is the repository of record for 2 C.F.R.§200(F). Audits performed as a result of this requirement must be completed and submitted to the Federal Audit Clearinghouse within the earlier of thirty(30)calendar days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period. Submissions must include required elements described in Appendix X to Part 200 on the specified Data Collection Form (Form SF-SAC), and be signed by a senior level representative or chief official of the auditee. If the subrecipient opts not to authorize the Federal Audit Clearinghouse to make the reporting package publically available, the single audit report must be submitted directly to the Department.A scanned copy of the completed audit reports or a link to the electronic audit report should be sent via email to criminaliustice fdle.state.fl.us or mailed to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 SECTION VI: SUBAWARD PROCUREMENT AND COST PRINCIPLES 1.0 Procurement Procedures -Subrecipients must use documented procurement procedures which reflect applicable state, local, and tribal laws and regulations, provided that the procurement standards conform to applicable Federal law(2 C.F.R. §§200.317-200.326). 2.0 Federal Procedures-All procedures employed in the use of federal funds for any procurement shall also be according to 28 C.F.R. §66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", 2 C.F.R. §200.318, "General procurement standards", and Florida law to be eligible for reimbursement. 3.0 Cost Analysis -A cost analysis must be performed by the subrecipient if the cost or price is above the simplified acquisition threshold of$150,000. Costs or prices based on estimated costs for contracts are allowable only if allowable under 2 C.F.R. §200.405(e),"Cost Principles". 4.0 Allowable Costs-Allowance for costs incurred under the subaward shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, 28 C.F.R. §66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"; and 2 C.F.R. § 200.405(e), "Cost Principles". 4.1 All procedures employed in the use of federal funds for any procurement shall be according to 28 C.F.R. §66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", 2 C.F.R. §200.420, "Considerations for selected items of cost'; and Florida law to be eligible for reimbursement. 4.2 Subrecipients eligible to use the"de minimis" indirect cost rate described in 2 C.F.R. §200.414(f), and that elects to use the"de minimis" indirect cost rate, must advise FDLE Office of Criminal Justice Grants in writing of both its eligibility and election, and must comply with all associated requirements in the OMB Uniform Requirements.The"de minimis" rate may be applied only to modified total direct costs (MTDC). 5.0 Unallowable Costs- Payments made for costs determined to be unallowable by either the Federal awarding agency or the Department, either as direct or indirect costs, must be refunded (including interest)to the Federal Government in accordance with instructions from the Federal agency that determined the costs are unallowable unless Federal statute or regulation directs otherwise. See also Subpart D—Post Federal Award Requirements,2 C.F.R. §§200.300,"Statutory and national policy requirements",through 200.309, "Period of performance." SFY2016 JAG Standard Conditions Page 12 of 20 Rev. 10/2015 5.1 Prohibited Expenditure List'Subaward funds may not be used for items that are listed on the Prohibited Expenditure List at the time ofpurchase macquisition. 5.2 Controlled Purchase List Requests for acquisition ofitems onthe Controlled Purchase List must receive explicit prior written approval from FDLE and BJA. If award funds are approved and used for the purchase or acquisition of any item on the Controlled Purchase List,the subrecipient must collect and retain certain information about the use of 1)the federally grant funded controlled equipment and 2)any other controlled equipment in the same category as the federally-acquired controlled equipment in the agency's inventory, regardless of source; and make that information available to FDLE and BJA upon request. No equipment on the Controlled Expenditure list that is purchased or acquired under this award may betransferred orsold Vuathird party without the prior approval and guidance from FDLE ondBJA. Failure to comply with conditions related to Prohibited or Controlled Expenditures may result in prohibition from further Controlled Expenditure approval under this or other awards. 6.0 Review prior to Procurement-Subrecipients are encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods/services. Subrecipients are also encouraged to use excess and surplus property in lieu of purchasing new equipment and property when this iafeasible. 7.0 Sole Source-If the project requires a purchase of services or equipment from a sole source,the subrecipient must complete the Sole Source Justification for Services and Equipment Form. |fthe subrecipiontisastate agency and the cost is at least$150,000,then the agency must submit a copy of the approval from the Department ofManagement Services(287.U57(5) Fla. Stat.). Sole Source form must besigned bythe subgrant recipient or implementing agency chief official or an individual with formal,written signature authority for the chief official. 8.0 Unmanned Aerial Vehicles The recipient agrees that awarded funds may not beexpended onunmanned aircrat, unmanned aircraft syotems, or aerial vehicles (US. UAS, or UAV) unless the BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order. Additionally, any funding approved for this purpose would be subject to additional reporting, which would bestipulated byFDLEpost award. 9.0 Personal Services—Subrecipients may use grant funds for eligible personal services(salaries/benefits and overtime)and must maintain internal controls over salaries and wages. The following requirements apply N personal services paid with subgrantfunds: 9.1 Timesheets-Timesheets must be kept for all project staff whose hours will be charged to the project. The timesheets must be signed by the supervisor and clearly indicate hours spent on project activities. 92 Additional Documentation - In accordance with Florida Statute§215,971,the Florida Department of Financial Services may require documentation validation that personnel services were performed on project-related activities inaccordance with the contract agreement. 9.3 Protected personally identifiable information -The subrecipient shall take reasonable measures to safeguard protected personally identifiable information and other information the pass-through entity designates as sensitive or the subrecipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. 94 Overtime for Law Enforcement Personnel -Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components ofthe criminal justice system inthe affected jurisdiction. The purpose ofthis consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 9.5 Employees Working Solely mmoSingle Federal Award -For any position that works 1OOY6ofits time on asingle federal award,the employee must certify that 10096 of his or her time was spent working on that federal award. This requirement applies to both full time and part time positions regardless of the percentage ofthe position's salary that iacharged tothe grant. The certification must besigned byboth the employee and the employee's direct supervisor having firsthand knowledge ofthe work performed bythe employee. The forms must be submitted semi-annually and may not be signed prior to the end ofthe reporting period. Certifications must boprovided tocover the entire grant period 9.8 Maximum Allowable Salary- No portion of these federal grant funds shall be used towards any part of the annual cash compensation of any employee of the subrecipient whose total annual cash compensation exceeds 110% of the maximum salary payable to a member of the Federal government's Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year. (The salary table for SES employees iuavailable at j A subrecipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award iomade. 10.0 Contractual Services -The subrecipient must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts aodescribed in§2O8.318General procurement. 10.1 Requirements for Contractors ofSubracipimnte The uubrooipien\assures the compliance ofall contractors with the applicable provisions ofTitle | of the Omnibus Crime Control and Safe Streets Act of190O. asamended (42U.S.C. §3711. etseq. nk ;the provisions ofthe current edition ofthe Office ofJustice Programs Financial Guide ; and all other applicable federal and state laws, orders, circulars, or regulations.The subrecipient must pass-through all requirements and conditions applicable to the federal grant award/subaward to any subcontract. The term"contractor" is used rather than the term "vendor"and means an entity that receives acontract eodefined in2C.F.R. §28U22.the nature ofthe contractual relationship determines the type ofagreement. 10.2 Approval of Consultant Contracts-The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds$650 (excluding travel and subsistence costs) per eight-hour day, or$81.25 per hour. Adetailed justification must be submitted to and approved by FDLE prior to obligation or expenditures of such funds. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide,the Common Rule, and inapplicable state statutes. The Department's approval ofthe subrecipient agreement does not constitute approval of consultant contracts. |fconsultants are hired through a competitive bidding process(not sole source), the$650 threshold does not apply. 11.0 Travel and Training -The cost of all travel shall be reimbursed according to the subrecipient's written travel policy. If the subrecipient does not have a written travel policy, cost of all travel will be reimbursed according to State ofFlorida Travel Guidelines§ 112.061. Fla. Stat. Any foreign travel must obtain prior written approval. 11.1 BJAorFDLESponsored Events-The subrecipient agrees to participate in BJA-or FDLE- sponsored training events,technical assistance events, or conference held by FDLE or BJA or their designees, upon FULE'oorBJA'srequest. 11.2 Expenses Related to Conferences, Meetings, Trainings,and Other Events -The subrecipient agrees to comply with all applicable laws, regulations, policies, and guidance(including specific cost limits, prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences, meetings,trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance ioavailable at 11.3 Training and Training |Nabsria|a—Anyhainingortraining materials that has been developed or delivered with grant funding under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantoeo. available at 12.0 Publications, Media and Patents 12.1 Ownership of Data and Creative Material-Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the SFY2O1SJAG Standard Conditions Page 14of20 Rev. 10/2015 ' Office of Justice Programs Financial Guide (as amended), and the U.S. DepartmentofJustice Common Rule for State and Local Governments,and 2C.F�H. §2OO.315"Intangible Pmperty.^ asapplicable. 12.2 Copyright-The awarding agency reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: 12.2.1 The copyright inany work developed under anaward o/aubawevd. and 12.2.2 Any rights of copyright to which a subaward recipient or subrecipient purchases ownership with support funded under this grant agreement. 12.3 Publication or Printing of Reports -The subrecipient shall submit for review and approval one copy of any curricula,training materials, or any other written materials that will be published, including web- based materials and web site content, through funds from this grant at least thirty (30)days prior to the targeted dissemination date.The subrecipient understands and agrees that any training materials developed or delivered with grant funding must adhere to the OJP Training Guiding Principles for Grantees and Subgnanteeaavailable at All materials publicizing or resulting from award activities shall contain the following statements identifying the federal award: "This project was supported byAward No. awarded bythe Bureau ofJustice Assistance, Office ofJustice Programs. The opinions,findings, and conclusions urrecommendations expressed in this publication/program/exhibition are those of the authors and do not necessarily reflect the views ofthe Department ofJuedce^ 124 Patents-If any program produces patentable items, patent rights, processes, or inventions, in the course of work sponsored by the federal award or subaward funds, such facts must be promptly and fully reported tnthe awarding agency. 12.4.1 Unless there is a prior agreement between the subrecipient and the Department on disposition of such items,the Department may determine whether protection on the invention or discovery will besought. 12.4.2 The Department will also determine how rights in the invention or discovery(including rights under any patents issued)will be allocated and administered in order to protect the public interest consistent with "Government Patent Policy" ("President's Memorandum for Heads of Executive Departments and Agencies,"dated August 23, 1971, and statement of Government patent policy, anprinted in3OFederal Register 1O83Q). 12.4.3 Government regulations have been issued in37Cf.R. #4O1 bythe U.S. Department of Commerce. 13.0 Confidential Funds and Confidential Funds Certificate-A signed certification that the Project Director or Implementing Agency Chief Official has read, understands, and agrees to abide by all conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required for all projects that involve confidential funds. The signed certification must besubmitted atthe time of grant application.This certificate certifies the Project Director has read, understands, and agrees to abide by the provision in Section 3.12 of the Office of Justice Programs Financial Guide. This form must be submitted upon application if applicable. Confidential Funds certifications must be signed by the subrecipient or implementing agency Chief Official or an individual with formal,written signature authority for the Chief Official. 14.0 Task Force Training Requirement The aubreoipientagrees that within 12Odays ofaward, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive,task force officer, or other task force member of equivalent rank,will complete required online (i nternet-based)task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (W��L���.or]). All current and new task force members are required iocomplete this training once during the|ih*ofthe award, or once every four years ifmultiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights,task force performance measurement, personnel selection, and task force oversight and accountability. When FDLE awards funds tosupport atask force,the eubreoipimntmust compile and maintain etask force personnel SFY2016 JAG Standard Conditions Page 15 of 20 Rev. 10/2015 roster along with course completion certificates. Additional information ioavailable regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership &0�ctf Il�l�. 15.0 Information Technology Projects 15.1 Criminal Intelligence Systems-The subrecipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. §23. Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to boapplicable. Should the Office nfJustice Programs determine 28CF.R. §23toboapplicable,the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. § 23.20(g). Should any violation of28C.F.R. §23occur,the oubnacipiantmay bafined eaper 42U.S.C. §378Sg(c)-(d). The oubmdpiontmay not satisfy such afine with federal funds. The subrecipient understands and agrees that no awarded funds may be used to maintain or establish a computer network unless such network blocks the viewing,downloading, and exchanging of pornography. In doing so the subrecipient agrees that these restrictions will not limit the use of awarded funds necessary for any federal, state,tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecutions, or adjudication activities. 15.3 State Information Technology Point of Contact-The subrecipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This iuto facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. |naddition,the oubmoipientagrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points ofContact, goto 15.3 |ntnnatateConnecbvity-To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone(oachieve interstate oonnectivity, unless the oub/euipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 15.4 ADPJuaUficetion -The aubmoipiantmust complete anAutomated Data Processing (ADP) Equipment and Software and Criminal Justice Information and Communication Systems Request for Approval form if the purchase of any ADP equipment is to be made. This form must be submitted upon application, if applicable. ADID justification must be signed by the subrecipient or implementing agency chief official or an individual with formal,written signature authority for the chief official. 16.0 Interoperable Communications Guidance 1$.1 Subraoipiontothat are using funds 0o support emergency communications activities must comply with the current SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Emergency communications activities include the purchase of Interoperable Communications Equipment and technologies such as voice-over-internet protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC)Waiver Order. SAFECOM guidance can be found at 16.2 Subrecipients interested in developing a public safety broadband network in the 700 MHz band in their jurisdictions must adhere to the technical standards set forth in the FCC Waiver Order, or any succeeding FCC orders, rules, or regulations pertaining to broadband operations in the 700 MHz public safety band.The nubrmdpientshall also ensure projects support the Statewide Communication Interoperability Plan (8C|P)and are fully coordinated with the full-time Statewide Interoperability Coordinator(SVV|C). 0any future regulatory requirement(from the FCC orother governmental entity) results inamaterial technical or financial change in the project,the recipient should submit associated documentation, and other material,as applicable,for review by the SWIC to ensure coordination. Subrecipients must provide a listing of all communications equipment purchased with grant award funding (plus the quantity purchased ofeach item)toFDLEonce items are procured during any periodic programmatic progress reports. 17.0 DrugCourtProjects-ADmgCourtPnojectmmstoomply with§3S7.334. Fla. Stat.. —FnaahnentBased Drug Court Programs." SECTION VII: ADDITIONAL REQUIREMENTS 1.0 Ballistic Resistant and Stab Resistant Body Armor 1.1 Mandatory Wear Policy-Subrecipients that wish to purchase armor with JAG funds must certify that law enforcement agencies receiving vests have a written"mandatory wear" policy in effect.This policy must be in place for at least all uniformed officers before funding can be used by the agency for body armor. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. FAQs related to the mandatory wear policy and certifications can bmfound at 1.2 BVP Program 'JAG funds may be used to purchase armor for an agoncy, but may not be used as the 5O% match for purposes nfthe Bulletproof Vest Partnership(BVP) program. 1.3 WQComp|ianom-BodyarmorpurchaaedwithJAGfundamoybepurohasedutmnythree1|evo|. makm. or model from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List(http:8hijgm4. In addition, body armor purchased must beAmehcan- mado.The latest N|Jstandard information can befound at: . 2.0 Environmental Protection Agency's (EPA) list of Violating Facilities-The subrecipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 3.0 National Environmental Policy Act(NEPA) 3.1 The eubreoipientagrees 1oassist FDLE in complying with the NEPA.the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of subaward funds bythe aubreoipient. This applies tothe following new activities whether ornot they are being specifically funded with these aubewordfunds. That is, itapplies aslong epthe activity iubeing conducted by the subrecipient or any third party and the activity needs to be undertaken in order to use these subaward funds. Accordingly,the subrecipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the recipient agrees to contact FDLEOCJG. 3.1.1 New construction 3J.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 1 00-year flood plain; a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register ofHistoric Places; 3.1.3 A renovation, lease, or any other proposed use of a building or facility that will either(a) result inachange inits basic prior use or(b) significantly change its size; and 31.4 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, inoffice, household, recreational, oreducational environments. 3.1.5 Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. 3.2 The subrecipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subrecipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice at www.bia.aov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. 3.3 For any of a subrecipient's existing programs or activities that will be funded by these subawards, the subrecipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by the Department of Justice of a national or program environmental assessment of that funded program or activity. 4.0 Methamphetamine Plans: Mitigation of Health,Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories-If an award is made to support methamphetamine laboratory operations the subrecipient must comply with this condition,which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. 4.1 General Requirement: The subrecipient agrees to comply with federal, state, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. The subrecipient also agrees to complete a Methamphetamine Mitigation Plan (MMP)that includes the nine protective measures or components required by BJA and submit the plan to FDLE's Office of Criminal Justice Grants. 4.2 Specific Requirements: The subrecipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1)the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3)the seized laboratory site's immediate and surrounding environment of the site(s)where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subrecipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subaward. In so doing,the subrecipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. 4.2.1 Provide medical screening of personnel assigned or to be assigned by the subrecipient to the seizure or closure of clandestine methamphetamine laboratories; 4.2.2 Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subrecipient to either the seizure or closure of clandestine methamphetamine laboratories; 4.2.3 As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; 4.2.4 Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; 4.2.5 Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s)of each seized clandestine laboratory; 4.2.6 Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; 4.2.7 Monitor the transport, disposal, and recycling components of subparagraphs 4.4.5 and 4.4.6 immediately above in order to ensure proper compliance; SFY2016 JAG Standard Conditions Page 18 of 20 Rev. 10/2015 4.2.8 Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's 1)timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and 2) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing federal and state requirements; and 4.19 Have in place and implement a written agreement with the responsible state or local service agencies toproperly respond many minor, aadefined bystate law, atthe site. This agreement must ensure immediate response by qualified personnel who can 1) respond 0mthe potential health needs of any minor at the site; 2)take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; 3)ensure immediate medical testing for methamphetamine toxicity; and 4)arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity 5.0 Nationa| HietorioPreuenatonAot—TheAo will assist the Department(if necessary) inassuring compliance with section 1OOofthe National Historic Preservation Act of1S6O (1GU3.C. §470). Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16US.C. §4GSa-1 etoeq.). and the National Environmental Policy Act of10OS(42U�SC. §4321) 6.0 Human Research Subjects -Subrecipient agrees to comply with the requirements of 28 C.F.R. §4Oand all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 7.0 Global Standards Package-In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the recipient to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global)guidelines and recommendations for this particular grant. Recipient shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, asdescribed at: Recipient shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 8.0 Disclosures 8.1 Conflict of Interest-The subrecipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict ofinterest, or personal gain. Gub/moipion|a must disclose in writing any potential conflict of interest to FIDLE (the non-federal pass-through entity). 81 Violations of Criminal Law-The subrecipient and implementing agency must disclose all violations of state or federal criminal law involving fraud, bribery or gratuity violations potentially affecting the sub award. 9.0 Uniform Relocation Assistance and Real Property Acquisitions Act-The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Actof1Q7O (42 U.S.C. §48O1 etaeqlwhich governs the treatment ofpersons displaced aseresult nffederal and federally- assisted pmgnamn. 10.0 Limitations on Government Employees Financed by Federal Assistance-The subrecipient will comply with requirements of5U�SC,§§ 15O1-O8and 7324-28.which limit certain political activities cdState orlocal government employees whose principal employment is in connection with an activity financed in whole or in part byfederal assistance. 11.0 Reporting Potential Fraud,Waste,Abuse,and Similar Misconduct-The subrecipient must promptly refer to DOJ Office of Inspector General (OIG)and the Florida 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. 12.0 Restrictions and certifications regarding non-disclosure agreements and related matters - Subrecipients or contracts/subcontracts under this award may not require any employee or contractor to sign an |rkema|confidentiality agreement urstatement that prohibits, restricts orpurports hu prohibit orrestrict, 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. 13.0 Funds to Association of Community Organizations for Reform Now(ACORN) Unallowable- Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries,without the express prior written approval of OJP. 14.0 Text Messaging While Driving -Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving.^74Fed. Reg. 51225 (October 1. 20O9). and§310.305. Fla. S1ok... the oubmuipiont is encouraged to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this subaward and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 15.0 DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database-If JAG program funds will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (C0D|G), by government DNA lab with access to COD|S. No pmfi|oa generated with JAG funding may be entered into any other non-governmental DNA database without prior express written approval from BJA. For more information, refer to the NIJ FY 2012 DNA Backlog Reduction Pmgrmm, availablefunds may not bmused for purchase of DNA equipment and supplies when the resulting DNA profiles from such technology are not accepted for entry into CODIS (the National DNA Database operated by the FBI). 16.0 Environmental Requirements and Energy-For subawards in excess of$100,000, the subrecipient must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act(42 U.S.C. §§ 1857(h)). section 5O8ofthe Clean Water Act(33U.SC § 1308). Executive Order 11738. and Environmental Protection Agency regulations (4OC.FR § 15) The oubreoipientmust comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued incompliance with the Energy Policy and Conservation Act(Pub LS4-1S3. 8&Stat. 871). ifany. 17.0 Other Federal Funds -The subrecipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this award, and those awards have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this award, the subrecipient will promptly notify, in writing the grant manager for this award, and, if so requested by OCJG seek a budget modification or change of project scope grant adjustment notice(GAN)to eliminate any inappropriate duplication offunding. Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: Typed Name and Title: Petrina T.Herring,Bureau ChW Date.- Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman,Mayor, or Designated Representative) Typed Name of Subgrant Recipient: all 14j, r4ev­- t Signature: Typed Name aid Title: C t_j" Lacey, Mayor of Winter Springs Date: Septerrber 8, 2015 Implementing Agency Official, Administrator or Designated Representative Typed Name of Imple senting de Agency: Lz�'Nylma Sa'-ht,ta Signature: ........... Typed Name and Title: AJJ _KLeV 0 � f 0- 1?A Date: 3) Application Ref# 2016-JAGC-2729 Section#6 Page 1 of Contract -JAGC-SEMI--- Rule Reference 11 D-9.006 OCJG-005(rev.October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Insert Certifications and Authorizations here. Application Ref# 2016-JAGC-2729 Section#7 Page 1 of 1 Contract 2016-JAGC-SEMI-4-H3-016 Rule Reference 11 D-9.006 OOJG-005(rev.October 2005)