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HomeMy WebLinkAboutFlorida Department of Law Enforcement - Edward Byrne Memorial Grant - Command Vehicle Truck Vault - 2015 01 26 Rorida [epaftment of Business Support Rick Scott. Go�vemo Law Enforcement Office of CdmmiaaNJustice Grants Parn Bondi Attorney General Post Office Box 148B Jeff Atwater, Chief Rnen�alOfficer f�ZiohmrdL Swearingen Ta||ahammee, FL 32302-1489 Adam Putnam. [bmfr,�issionerofAgric,,mlftine Commissioner (850)617-1250 vmm�fd<es�ate�ua JAN � � 7O�� �The Honorable Charles Lacey Mayor City ofWinter Springs 1126East State Road 434 Winter Springs, FL 32708 Re: Contract No. 2O15-JA6D-SEM|-1'R1'Q3S Dear Mayor Lacey: The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant to your unit of government in the amount of$2,804.00 for the project entitled, COMMAND VEHICLE TRUCK VAULT. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer tothe project number and title. As you may be aware, information from subgrants and performance reports are currently provided to the Department of Justice under the Performance Measurement Tool (PMT)and Federal Funding Accountability and Transparency Act(FFATA)to meet current federal transparency requirements. Contract and grant information is also provided to the State of Florida Department of Financial Services via the Florida Accountability Contract Tracking System (FACTS). This grant contract and all subsequent correlating information including gonono| oonbact, perfnnnanoo, amend ment/modification information and a copy of the grant document is provided to FACTS to meet requirements under Chapter 2013-54 and 2013-154 Laws of Florida for transparency in government spending. |fthis grant agreement contains confidential or exempt information not subject to disclosure under public records law, Chapter 119, F.S., (such as disclosure of equipment for certain undercover operations that may result in sensitive information on grant documents)please contact the Office of Criminal Justice Grants for information on requesting exemption from public records disclosure. Please complete and return the enclosed Certification of Acceptance to the Office of Criminal Justice Grants within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to reimbursement of any project expenditures. Some costs require prior written approval from OCJG and/or the Department of Justice before beginning project activities including: a sole source procurement in excess of$150,000; compensation for consultant services for rates in excess of$650/day($81.25 per hour); publication plans; and purchase of automated data processing (ADP) equipment and software. A written request for approval is required if they are applicable to your project. You may also see a correlating special condition on your grant award in the Subgrant Information Management ON-Line(SIMON) system. We look forward to working with you on this project. Please contact Planning Manager Annamarie Whatley at(850) 017'125Uifyou have any questions orwecan bmoffurther assistance. Sincerely, L ` U J ' P*trima Tuttle Herring Bureau Chief PTH/ar Enclosures Service ~ Integrity "Respect ~ Quality State of Florida Office ofCriminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATION OFACCEPTANCE The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2015'JAGD'SEk8|'1 R1'030. intheomoun1of$2.804.00. (uraprojeot*ntit|ed. COMMANDVEH|CLETRUCK VAULT, for the period of 02/01/2015 through 06/30/2015, in accordance with the Budget and Budget Narrative contained in the subgrant application, and subject to the Florida Department of Law Enforcement Conditions of Agreement and any special conditions governing this oubgnanL Signature ofSubgranteo'oAuthorized Official Typed Name and Title ofOfficial Date ofAcceptance Name ofSubgrantee SUBGRANTAWARD CERTIFICATE Subgrantee: City ofWinter Springs Date ofAward: Grant Period: From: 02/01/2015 TO: 06/302015 Project Title: COMMAND VEHICLE TRUCK VAULT Grant Number: 2015JAG[-SEk8|-1-R1-039 Federal Funds: $2.804.00 State Agency Match: Local Agency Match: $O.OU Total Project Cost: *2.8O4.0O CFDANumboc 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Part E of Title I of the Omnibus Crime Control and Safe Streets Act uf1O08amamended Subpart 1ofsuch part(42U.S.C. 3751'375U);the Consolidated Appropriations Act, 2088. Public Law 11U-101� and Public Law 100'162. Title XI, Department ofJustice 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 Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D, Office of Justice Programs, Common Rule for State and Local Governments and A,87. o/OMB Circulars A,11OorA,1O2. asapplicable, and A-21. intheir entirety. |tioa|oo subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. 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 PethnaTuttle Herring Bureau Chief Data () This award iasubject tuspecial conditions(attaohed). � � Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct 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# 2015-JAGD-1601 Section#1 Page 1 of 2 Contract 2015-JAGD-SEMI-1-R1-039 Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct 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: 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# 2015-JAGD-1601 Section#1 Page 2 of 2 Contract 2015-JAGD-SEMI-1-R1-039 Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct General Project Information Project Title: COMMAND VEHICLE TRUCK VAULT Subgrant Recipient: City of Winter Springs Implementing Agency: Winter Springs Police Department Project Start Date: 2/1/2015 End Date: 6/30/2015 Problem Identification In recent years the Winter Springs Police Department has experienced challenging incidents that tested our agency?s capabilities within the Incident Command Structure. One issue that was identified during these events was the first responding supervisor?s ability to set up an effective command post capable of keeping all information organized and useable until the Mobile Command Post Vehicle from Seminole County and C.A.R.T. arrived to assist. One scenario involved an autistic child who disappeared from her gated neighborhood without a trace. In the first hour, the supervisor had an MCT and a command board sitting on the trunk of a patrol car to keep the incident under control as initial units and resources from all over the area arrived to help. This event turned into a multi-jurisdiction, five day event, with local and national media coverage around the clock. Fortunately the child was found alive with only minor injuries. A second scenario involved a shootout between rival motorcycle gangs which ended with three individuals deceased. In this scenario, the patrol supervisor was the first on scene and over 50 possible suspects, a crime scene and endless witnesses to keep track of. Again, the availability to use a more complete mobile command vehicle would make this task more easily and affectively done. These are just two examples of the unique incidents that required a major response from local surrounding jurisdictions to include the FDLE Child Abduction Response Team. Managing incidents of this nature can be overwhelming at best. Confusion and chaos can ensue if the agency has not properly prepared or planned in advance. The Winter Springs Police Department teach and train within the Incident Command System as we believe it provides an effective way to manage almost any type of situation we may face . Traditionally a first responding supervisor directs manpower and resources until he/she is relieved by the designated Incident Commander. The Winter Springs Police Department presently equips each of our patrol supervisors with a foldable/portable command board. It can successfully be utilized for most situations that arise during the initial moments of a critical incident. It is, however, cumbersome and forces the user to utilize his/her trunk to lay out papers and a grease board. This type of system is vulnerable to external conditions that can greatly compromise the effectiveness of the operation. One of our main issues that we deal with during a critical incident deployment is the weather. Due to our geographical location within Central Florida, we are faced with constant weather changes. This alone adds undue stress when trying to facilitate successful outcomes. It makes the on-scene commander?s job much more difficult when having to fight weather and stay organized on the trunk of their car. Recently our agency supplied our first line supervisors with Sport Utility Vehicles. This type of vehicle provides more cargo room that enables our supervisors to carry the Application Ref# 2015-JAGD-1601 Section#2 Page 1 of 3 Contract 2015-JAGD-SEMI-1-R1- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Application for f=unding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct necessary equipment to handle the progress of most incidents and from under the cover of a solid lift gate. When an agency has this ability of using a semi permanent work station that provides organization, security, and protection from the elements makes the on-scene commander?s job much more manageable. Our city utilizes a line based budget, currently no funds have been allocated for this purchase during this budget year. Project Summary (Scope of Work) For as long as patrol supervisors have been responding to critical incident situations their challenge has always been keeping important information organized so it can be used as needed. The common trend in the recent past involved trying to mange critical incidents from the back end of a patrol vehicle. Terrain, weather, and lack of organizational security reduce the supervisor?s ability to sufficiently organize the chaos that sometimes presents itself in the infancy of an event. Thankfully, along with technology changes, better ways to handle large and small scale disasters have been developed. With the national acceptance of the Incident Command Systems, set guidelines and recommendations were instituted nationwide that call for excellent data collection, planning and implementation of those plans. A small mobile command vehicle enables a jurisdiction to deploy quickly, maneuver through difficult terrain, and establish command and control. Furthermore, it enables a deployable unified command center to handle a multitude of circumstances until major resources arrive to take over if needed. A deployable unified command center gives the Winter Springs Police Department the ability to supplement not only the City of Winter Spring?s Emergency Operation Center as they execute their Comprehensive Emergency Management Plan, but also enhances our ability to assist the Seminole County Emergency Management Team, acting as a force multiplier when a disaster strikes. The Winter Springs Police Department?s Mobile Incident Command Vehicle, when equipped with the Truck Vault Special Operations Center, will be utilized in a variety of circumstances in our community as well as in the Central Florida area. The Winter Springs Police Department researched a number of command vehicle accessories to make its capabilities the most effective, efficient and appropriate for our agency. It was determined that the Truck Vault Special Operations Center met the required needs of our agency. The Truck Vault Special Operations Center consists of lockable drawers, magnetic grease boards and a heavy duty table. Currently, the Winter Springs Police Department has no self sufficient mobile command vehicle workstation that can deploy quickly and effectively. This work station will provide a quick response and assist our patrol supervisors tremendously in controlling critical incidents. Application Ref# 2015-JAGD-1601 Section#2 Page 2 of 3 Contract 2015-JAGD-SEMI-1-R1- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Section Questions: Question: Does the Subgrantee receive a single grant in the amount of$500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of$500,000 or more from the U.S. Department of Justice? Answer: No Question: Part 1: In your business or organization's preceding completed fiscal year, did your business or organization (the subgrantee) receive (1)80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2)$25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? If yes, answer"yes" or"no"to Part 2, below. Answer: No Question: Part 2: Does the public have access to information about the compensation of the executives in your business or organization (the subgrantee)through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986? If answer to Part 1, above,was "no," answer N/A. Answer: N/A Question: Do the Subrecipient and Implementing agencies understand that this 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 as specified in the agreement. Answer: Yes Application Ref# 2015-JAGD-1601 Section#2 Page 3 of 3 Contract 2015-JAGD-SEMI-1-R1- Rule Reference 11D-9.006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 001 - Law enforcement programs State Purpose Area: A-Accomplishments: Includes any accomplishments during the reporting period. Required for all projects. Activity Description Activity: Emergency Management Target Group: Law Enforcement Geographic Area: Urban Location Type: Citywide Address(es) : City of Winter Springs 1126 E SR 434 Winter Springs , FL 32708 Objectives and Measures Objective: Al - Report on program accomplishments Measure: Part 1 Please briefly describe what your program's accomplishments will be. Please include any benefits or changes to be observed as a result of JAG-funded activities, such as program completion, or changes in attitudes, skills, knowledge, or conditions. [500-character limit] Goal: To add a mobile command center into the Emergency Management plan not only benefits the local community but also the Central Florida response area. This program aids in all situations that require the deployment of the incident command system. The ability to deploy quickly and effectively greatly reduces the risk to our citizens and first responders. This piece of equipment acts a force multiplier the emergency management program. Objective: A2 - Report on usage of crimesolutions.gov Website Measure: Part 1 Will you be using the crimesolutions.gov Website? Goal: No Objective: A3 - Report on subgrants from grantees other than FDLE Measure: Part 1 Are you a subrecipient of a JAG award from another JAG grantee (other than Application Ref# 2015-JAGD-1601 Section#3 Page 1 of 4 Contract 2015-JAGD-SEMI-1-Rl- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct FDLE)?An agency can be a primary recipient of a JAG award from BJA and a subrecipient of a JAG award from another JAG award primary recipient. Do not consider awards that you receive directly from USDOJ. Goal: No Measure: Part 2 If yes, enter grantee organization or agency name. Goal: N/A State Purpose Area: E - Equipment Purchases and/or Technology Investments: Includes activities where equipment purchases or technology investments were made that improve efficiency and/or cost savings. Activity Description Activity: Equipment Purchases and/or Technology Investments Target Group: Equipment Purchases and/or Technology Investments Geographic Area: Urban Location Type: Citywide Objectives and Measures Objective: E1 - Report on JAG funding allocated for equipment and/or technology investments Measure: Part 1 How much JAG funding has been allocated for equipment purchases and/or technology investments? Please report in dollars ($). Goal: 2804.00 Objective: E2 - Make equipment purchases and/or technology investments Measure: Part 1 What types of equipment purchases and/or technology investments will be made with JAG funds? In your response, please list all that apply from the following choices: Computer-aided Dispatch (CAD), Computers/Mobile Data Terminals, Computer Software, Emergency Medical Services (EMS), Equipment for Police Cruisers (including in-car radios and laptops), In-car/On-person Camera Systems. Goal: 1 Chevrolet Tahoe Special Operations Command Truck Vault$3310.00 C-CHTAHN3-15D Special Ops Center, T handles Locks, Magnetic Dry Erase Board P-865-Z4 Table Extension Total Purchase Price $3310.00 Application Ref# 2015-JAGD-1601 Section#3 Page 2 of 4 Contract 2015-JAGD-SEMI-1-R1- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct 1 Chevrolet Tahoe Special Operations Command Truck Vault$3310.00 C-CHTAHN3-15D Special Ops Center, T handles Locks, Magnetic Dry Erase Board P-865-Z4 Table Extension Total Purchase Price $3310.00 Objective: E3 -Achieve efficiencies or cost savings as a result of equipment purchases and/or technology investments. Measure: Part 1 Describe any efficiencies or cost savings that will be achieved as a result of an equipment purchase and/or technology investment. Goal: With this grant the City will have a cost savings of$2804.00. Application Ref# 2015-JAGD-1601 Section#3 Page 3 of 4 Contract 2015-JAGD-SEMI-1-R1- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant- Direct Section Questions: Question: If'other"was selected for the geographic area, please describe. Answer: N/A Question: If'other"was selected for location type, please describe. Answer: N/A Application Ref# 2015-JAGD-1601 Section#3 Page 4 of 4 Contract 2015-JAGD-SEMI-1-R1- Rule Reference I ID-9.006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct General Financial Info: Note: All financial remittances will be sent tothe 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 $0.00 $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $0.00 $0.00 $0.00 Operating Capital $2,804.00 $0.00 $2,804.00 Outlay Indirect Costs $0.00 $0.00 $0.00 --Totals -- $2,804.00 $0.00 $2,804.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref# 2015-JAGD-1601 Section#4 Page 1 of 3 Contract 2015-JAGD-SEMI-l-R1- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant- Direct Budget Narrative: Itemized expenditures: 1 Chevrolet Tahoe Special Operations Command Truck Vault C-CHTAHN3-15D Special Ops Center, T handles Locks, Magnetic Dry Erase Board @ $2925.00 P-865-Z4 Table Extension @ $650.00 Shipping @$450.00 Total Purchase Price $3310.00 Any expenditures over the grant amount$2804.00 will be paid by the City of Winter Springs. Purchasing procedures for the City of Winter Springs include; For Purchases from $2,500 to $25,000: Three written quotes are needed. Awarded to the lowest and best responsible bidder. Purchase Order can be approved by the City Manager. *Three quotes must be obtained for any purchasing over$2500.00 *Upon selection of a vendor, a Purchase Order is requested through the city finance department. *Upon receiving the invoice and product, request for payment is made to the finance department. *Finance issues and sends payment to vendor via check. *Any purchases over$25,000 needs commission approval. Application Ref# 2015-JAGD-1601 Section#4 Page 2 of 3 Contract 2015-JAGD-SEMI-1-R1- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant- Direct Section Questions: Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: N/A Question: If benefits are to be included, are they reflected in the budget narrative? Answer: N/A Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriffs office. Answer: Capital Outlay threshold is$1000.00 Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: N/A Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: N/A Application Ref# 2015-JAGD-1601 Section#4 Page 3 of 3 Contract 2015-JAGD-SEMI-1-R1- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Florida Department of Law Enforcement Office of Criminal Justice Grants 0 Post Office Box 1489 Tallahassee, Florida 32302-1489 (850)617-1250 criminaljustice@fdle.state.fl.us Edward Byrne Memorial Justice Assistance Grant (JAG) Program STANDARD CONDITIONS SFY2015 JAG Standard Conditions Page I of 23 Rev. 09/2014 SFY2015 JAG Standard Conditions Page 2 of 23 Rev. 09/2014 Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 19 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) (www.oip.usdoi.gov/financig gRide/iEAg2i tm) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance (www.bia.gov/ProgramDetails.aspx?Program ID=59 ) as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: • Florida Administrative Code, Chapter 11D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program": www.flrules.org/ • Office of Management and Budget(OMB) Circulars: www.whitehouse.gov/omb/circulars o A-21 (2 CFR 220), "Cost Principles for Educational Institutions" o A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" o A-102, "Grants and Cooperative Agreements with State and Local Governments" o A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" o A-122(2 CFR 230), "Cost Principles for Non-Profit Organizations" o A-133, "Audits of States, Local Governments, and Non-Profit Organizations" • Code of Federal Regulations: www.gpo.gov/fdsys/ 0 2 CFR 175.15(b), "Award Term for Trafficking in Persons" 0 28 CFR 38, "Equal Treatment for Faith-Based Organizations" 0 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) 0 28 CFR 83, "Government-Wide Requirements for Drug-Free Workplace(Grants)" 0 28 CFR 18, 22, 23, 30, 35,42, 61, and 63 • 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, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: www.bia.gov/ProgramDetails.aspx?Program ID=59. • United States Code: www.gpo.gov/fdsys/ o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" • State of Florida General Records Schedule GS1-SL for State and Local Government Agencies:httl2://dlis.do state.fl.us/barm/genschedules/GS2-2008-Rev2OlO.pdf • State of Florida Statutes 215.971 (Agreements funded with federal or state assistance) and 215.985(Transparency in government spending) 2. Requirements for Contractors of Subgrant Recipients The subgrant recipient assures the compliance of all contractors with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.G. 3711 et seq. at www.gpo.gov/fdsys/); the provisions of the current edition of the Office of Justice Programs Financial Guide (www.o'p.usdoi.gov/financialquide/index.htm); and all other applicable federal and state laws, orders, circulars, or regulations. SFY2015 JAG Standard Conditions Page 3 of 23 Rev. 09/2014 3. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office ofJustice Programs Financial Guida, U.S. Department ofJustice Common Rule for State And Local Governments and federal OMB Circular A-87. ''Cnat Principles for Stabe. Local and Indian Tribal Govemmenta.^orOMB Circular A-21, "Coot Principles for Educational Institutions." b. All procedures employed in the use of federal funds for any procurement ahoU be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A410. or OMB Circular A-1O2. and Florida law to beeligible for reimbursement. 4. Reports a. Project Performance Reports (1) Reporting Time Frames: The oubgnant recipient shall submit Quarterly Project Performance Reports tothe Florida Department ofLaw Enfoncement, hereafter known as the Department, within fifteen (15) days after the end of the reporting period. In addition, if the oubgnont award period in extended beyond the "original" project period. additional Quarterly Project Performance Reports shall besubmitted. Failure to submit Quarterly Performance Reports that are complete, auounate, and timely may result in sanctions, as specified in item 19, Performance of Agreement Provisions. (2) Report Contents: Performance Reports must include response toall objectives included in youroubgnanL A detailed response is required in the narrative portion foryea/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. (3) Submission- Performance Reports maybe submitted by the Project Director, Application Manager, orPerformance Contacts. b Financial Reports (1) Project Expenditure Reports (a) The oubgrant recipient shall have e choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty (30) days after the end of the reporting period. In addidon, if iheoubgnant award period is extended, additional Project Expenditure Reports shall be submitted. (b) All project expenditures for reimbursement of subgrant recipient 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 ON-line) (o) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit andpuot-oudiL (d) Before the "final" Project Expenditure Report will be pruoaened, the oubgnsnt recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure tocomply with the above provisions shall result inforfeiture ofreimbursement. (e) Reports are to be submitted even when no reimbursement is being requested. SFY2015 JAG Standard Conditions Page 4 of 23 Rev. 09/2014 (f) The report must be electronically signed by the subgrant recipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. (2) Financial Closeout Audit (a) The Financial Closeout Audit shall be submitted to the Department within forty-five (45) days of the subgrant expiration date. (b) The Financial Closeout Audit must be electronically signed by the subgrant recipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. (3) Project Generated Income (PGI) (a) If applicable, the subgrant recipient shall submit Quarterly PGI Earnings and Expenditures Reports to the Department within thirty (30) days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue submitting quarterly PGI reports until all funds are expended. (See Item 11, Program Income.) (b) PGI Earnings and Expenditures reports must be electronically signed by the subgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee. c. Other Reports The subgrant recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 5. Fiscal Control and Fund Accounting Procedures a. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Circulars A-21, A-87, and A-110, or A-102 as applicable, in their entirety. b. The subgrant recipient is required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them. As a subgrant recipient, you must have a financial management system in place that is able to record and report on the receipt, obligation, and expenditure of grant funds. An adequate accounting system for a subgrant recipient must be able to accommodate a fund and account structure to separately track receipts, expenditures, assets, and liabilities for awards, programs, and subgrant recipients. c. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. d. All funds not spent in accordance with this agreement shall be subject to repayment by the subgrant recipient. 6. 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 subgrant recipients for incurred costs is subject to available federal funds. 7. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date, or subsequent to the termination date, of the subgrant award period. Only project costs incurred on or after the effective date, and on or prior to the termination date of the subgrant recipient's SFY2015 JAG Standard Conditions Page 5 of 23 Rev. 09/2014 project are eligible for reimbursement. All payments must be completed within thirty (30) days of the end of the subgrant period. 8. Advance Funding Advance funding may be provided to a subgrant recipient upon a written request to the Department. The request must be electronically signed by the subgrant recipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. 9. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund may or may not be an interest bearing account. b. 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 at the end of the federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 10. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to State of Florida Travel Guidelines § 112.061, Fla. Stat. Any foreign travel must obtain prior written approval. 11. Program Income(also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program income. b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter. A report must be submitted each quarter even if no PGI was earned or expended. PGI Earnings and Expenditures reports must be electronically signed by the subgrant recipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the federal grant program, then the cost would be allowable using program income. PGI budget requests must be signed by the subgrant recipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. d. Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the federal grant period must be submitted to OCJG for transmittal to the Bureau of Justice Assistance. 12. 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. A detailed 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 in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $650 threshold does not apply. 13. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or dispose of it pursuant to§ 274, Fla. Stat. SFY2015 JAG Standard Conditions Page 6 of 23 Rev. 09/2014 b. The oubgnant recipient shall mehabUeh and administer a oyabsm to protect, praeerve, use, maintain and dispose of any property furnished to it by the Deportment or purchased pursuant tothis agreement according to federal property management standards set forth in the Office ofJustice Programs Financial Guide, U.S. Department ofJustice Common Rule for State and Local Governments orthe federal [>N1B Circular A-110 or A-102, as applicable. This obligation continues as long as the oubgnant recipient retains the property. notwithstanding expiration ofthis agreement. 14. Ownership ufData and Creative Material Ownership of material, diacoverima, inventions, and results deva|oped, pnoduood, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial Guide (as emended), and the U.S. Department of Justice Common Rule for State and Local Governments, orthe federal OMB Circular A-110orA'102. omapplicable. 15. 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: o. The copyright inany work developed under anaward ornubavvand' and b Any rights ofcopyright towhich o oubgnant recipient oroubreoipient purchases ownership with support funded under this grant agreement. 16. Patents If any program produces patentable itema, patent righto, pvooesoao, or inventions, in the course of work sponsored by the federal award or subaward funds, such facts must be promptly and fully reported tothe awarding agency. a. Unless there is e prior agreement between the oubgnsnt recipient and the Department on disposition of such items, the Department may determine whether protection on the invention ordiscovery will besought. b The Department will also determine how rights in the invention ordiscovery (including rights under any patents issued) will be allocated and administered in order to protect the public intapau\ 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, oaprinted in36Federal Register 18O3A). c. Government regulations have been issued in Title 37 CFR Part 401 by the U.S Department of Commerce. 17. Publication orPrinting ofReports The aubgnant recipient aho|| submit for review and approval one copy ofany ourriou|a, training materia|a, orany other written materials that will be pub|iahed, including web-based materials and vvab site oontont, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. The subgrantee understands and agrees that any training materials developed or delivered with grant funding must adhere to the OJPTnaining Guiding Principles for Grantees and Subgnanteeaavailable at All materials publicizing orresulting from award activities shall contain the following statements: "This project was supported by Award No. awarded by the Bureau of Justice Aoaioianoe. Office of Justice Programs. The opiniono, finding», and conclusions or recommendations expressed in this publication/program/exhibition are those of the authors and do not necessarily reflect the views ofthe Department ofJuatioe^ SFY2015JAG Standard Conditions Page 7of23 Rev. 09/2014 18. Audit a. Subgrant recipients that expend $500,000 or more in a year in federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 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 disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of § 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; § 215.97, Fla. Stat., "Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For-Profit Organizations." b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, 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, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this 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 subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. 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 19. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, 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. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. SFY2015 JAG Standard Conditions Page 8 of 23 Rev. 09/2014 20, Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subgrant recipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subgrant recipient must submit a second statement to the Department explaining the implementation delay. c. 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 subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety(90) day period, but only by formal written adjustment to this agreement. 21. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 22. Grant Adjustments a. Subgrant recipients must submit a grant adjustment through SIMON for major substantive changes such as changes in project activities or scope of the project, target populations, service providers, implementation schedules, project director, and 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, or there is an indirect cost rate category change. b. Subgrant recipients 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. c. Under no circumstances can transfers of funds increase the total budgeted award. SFY2015 JAG Standard Conditions Page 9 of 23 Rev. 09/2014 d. Requests for changes to the subgrant agreement must be electronically signed by the subgrant recipient or implementing agency's chief official or the chief official's designee. 23. Disputes and Appeals a. The Department shall make its decision in writing when responding to any dieputee, diamgreemento, or questions of fad arising under this agreement and shall distribute its response to all concerned parties. The oubgrant recipient shall proceed diligently with the performance ofthis agreement according hnthe Department's decision. b. If the subgrant recipient 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 oubgranireoipient'srighttooppoo|theDepartment'odeciuioniucontsinedinQ120. F|a. Stat.. and in procedures set forth in Rule 28'106.104. Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under§ 120, Fla. Stat. 24. Conferences and Inspection ufWork 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. 25. Access toRecords o. The Florida Department of Law Enfoncement, 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 /opreoentativea, shall have ecoeno to bonks, documento, papers and mnnndo of the aubgrant reuipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b The Department nenen/ea the right to unilaterally terminate this agreement if the nubgrant veuipient, implementing agenoy, orcontractor refuses toallow public access toall documents, papers, |ettero, orother materials subject to provisions ofQ 119. Fla. Stat., un|oam specifically exempted and/or made confidential by operation of § 119. Fla. Stat , and made or received by the subgrant recipient or its contractor in conjunction with this agreement. o. The aubgnant recipient will give the awarding agency or the General Accounting Office, through any authorized repreoentative, acumoo to and the right to examine all paper or electronic records related tothe financial assistance. 26. Retention of Records The subgrant recipient 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 of duly authorized persons. The aubgnant recipient shall comply with State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: 27. Personnel Changes Upon implementation of the pnoject, in the event there is a change in Chief Officials for the Subgront recipient or Implementing Agency orany contact information to include mailing addnaao, phone number, email or title change, project staff must notify the SIMON help desk toupdate the organizational information inS|K8ON. |fthe project director changes, agrant adjustment must be entered inS|N1ONtoreflect the change. 28. Background Check Whenever a background screening for employment or a background security check is required by law for emp|oyment, unless otherwise provided by |ow, the provisions of § 435. Fla. Stat. shall apply. 3FY201SJAG Standard Conditions Page 10nfZ3 Rev. 09/2014 a. All positions in programs providing care to children, the developmentally disabled, or 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. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (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 in such position or, if employed, shall be dismissed. (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 of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment-Based Drug Court Programs." 30. 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 of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable, 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 of 28 C.F.R. Part 23 occur, the subgrant recipient may be fined as per 42 U.S.C. 3789g(c)-(d). The subgrant recipient may not satisfy such a fine with federal funds. b. The subgrantee 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 subgrantee agrees the 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. SFY2015 JAG Standard Conditions Page 11 of 23 Rev. 09/2014 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. Civil Rights Compliance a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients, implementing agencies, and contractors must comply with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); and Department of Justice Non-Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith- based and community organizations). b. FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability, or age in the delivery of services or benefits or in employment. The subgrant recipient must notify program participants and beneficiaries that it does not discriminate on the basis of race, color, national origin, religion, sex, disability, and age in the delivery of services or benefits or in employment practices. c. Subgrant recipients are responsible for ensuring that contractors, vendors, and agencies to whom they pass-through funds are in compliance with all Civil Rights requirements and that the contractors, vendors, and agencies are aware that they may file a discrimination complaint with the subgrant recipient, with FDLE, or with the Office for Civil Rights and how to do so. d. Equal Employment Opportunity Plans (1) A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on-line short form at www.oip.usdoi.gov/about/ocr/eeop comply.htm, must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. (2) If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. (3) A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of$25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. (4) The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. SFY2015 JAG Standard Conditions Page 12 of 23 Rev. 09/2014 e. In the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to FDLE and to the Office for Civil Rights, Office of Justice Programs. fe In accordance with federal civil rights laws, the subgrant recipient shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. g. Subgrant recipients must include comprehensive Civil Rights/Nondiscrimination Provisions in all contracts funded by the subgrant recipient. h. If the subgrant recipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a complaint with the subgrant recipient, with FDLE or with the Office for Civil Rights. Discrimination complaints may be submitted to FDLE at Office of the Inspector General, Post Office Box 1489, Tallahassee, Florida 32302-1489 or online at info .fdle.state.fl.us, Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7`h Street, Northwest, Washington, D.C. 20531, or by phone at(202) 307-0690. i. The subgrant recipient must have procedures in place for responding to discrimination complaints that employees and clients, customers, and program participants file directly with the subgrant recipient. j. The subgrant recipient must have written policies or procedures in place for notifying program beneficiaries how to file complaints alleging discrimination by the subgrantee/implementing agency with FDLE or the OCR. k. Any discrimination complaints filed with FDLE will be reviewed by FDLE's Inspector General and referred to the Office for Civil Rights, the Florida Commission on Human Relations, or the Equal Employment Opportunity Commission, based on the nature of the complaint. I. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 1), state and local government services and transportation (Title 11), public accommodations (Title 111), and telecommunications (Title IV). m. Rehabilitation Act of 1973 (28 C.F.R. Part 42, Subpart G) If the subgrant recipient has 50 or more employees and receives DOJ funding of$25,000 or more, the subgrant recipient must take the following actions.- (1) ctions:(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 of the Rehabilitation Act of 1973, found at 28 C.F.R. Part 42, Subpart G, which prohibit discrimination on the basis of a disability in employment practices and the delivery of services. (2) Designate a person to coordinate compliance with the prohibitions against disability discrimination contained in 28 C.F.R. Part 42, Subpart G. (3) Notify participants, beneficiaries, employees, applicants, and others that the subgrantee/implementing agency does not discriminate on the basis of disability. n. Limited English Proficiency(LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in SFY2015 JAG Standard Conditions Page 13 of 23 Rev. 09/2014 providing language services to LEP individuals, please see the website at www.lep.gov. FDLE strongly encourages subgrant recipients to have a written LEP Language Access Plan. o. Title |Xofthe Education Amendments of1O72 (2OC.F.R. Part 54) If the oubQrent recipient operates an education program or outivity, the oubgnant recipient must take the following actions: (1) Adopt grievance procedures that provide for the prompt and equitable resolution of complaints alleging e violation of the DOJ regulations implementing Title |X of the Education Amendments of1A72. found at 28 C.F.R. Part 54, which prohibit discrimination onthe basis ofsex. (2) Designate a person to coordinate compliance with the prohibitions against sex discrimination contained in28C.F.R. Part 54. (3) Notify applicants for admission and emp|oyment, emp|oyeeo, etudents, ponanto, and others that the subgrantee/implementing agency does not discriminate on the basis of sex inits educational programs oractivities. p. Equal Treatment for Faith Based Organizations The nubgnsnt recipient agrees to comply with the applicable requirements of 28 C.F.R. Pad 38. the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Rsgu|adion''). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious aotivition, such as mmnahip, religious inatmotion, or prose|ytizotion. Recipients of direct grants may still engage in inherently religious activitiae, but such activities must be separate in time or place from the Department of Justice funded prognam, and participation in such activities by individuals receiving services from the grantee orosub-grantee must 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 of services on the basis of beneficiary's religion. The subgrantee also understands and ugnseo that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students 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 awmrd, faith- based organizations may, in some ninoumntanuee, consider religion as a basis for employment. Gee . 34. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workm/o, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act (''|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 aubgnant recipient of the employment provisions contained in Section 274A(e) of the INA ahe|| be grounds for unilateral cancellation of this contract bythe Department. 35. National Environmental Policy Act(NEP4) a. The aubgnant recipient agrees to assist FDLE in complying with the NEPA. the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use ofaubgrantfunds by the aubgnant recipient. This applies to the following new activities whether ornot they are being specifically funded with these oubgrani funds. That is, it applies on long aothe activity is being conducted by the oubgront recipient or any third party and the activity needs to be undertaken in order to use these aubgrant funds, /\ocovding|y, the subgrantee 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 grantee agrees tocontact FDLEOCJG. SP/2015JAG Standard Conditions Page 14nf33 � Rev. 09/2014 � (1) New construction (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or(b)significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. b. The subgrant recipient 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 subgrant recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice at www.bia.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. c. For any of a subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, 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 Department of Justice of a national or program environmental assessment of that funded program or activity. 36. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrant recipient 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 subgrant recipient 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. b. Specific Requirements: The subgrant recipient 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 subgrant recipient 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 subgrant. In so doing, the subgrant SFY2015 JAG Standard Conditions Page 15 of 23 Rev. 09/2014 recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may oeoun* the qualified services of other agencies, contractor orother qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the oubgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories-, (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the nubgnynt recipient to either the seizure or o|oauna of clandestine methamphetamine laboratories; (3) As determined by their specific dudeo, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare acomprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated g|aeaware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (G) Dispose of the chemica|o, 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; (7) Monitor the transport, diepoaa|, and recycling components of subparagraphs 5 and G immediately above inorder toensure proper compliance; (8) Have in place and implement an inter-agency agreement orother form of commitment with a responsible Stab* environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible pody, property owner, or others to ensure that any nanidum| contamination is namediabyd, if necessary, and in accordance with existing federal and state requirements; and (0) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state |am, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site-, (ii) take that minor into protective custody unless the minor io criminally involved inthe meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity 37. Non-ProounementDebarment and Suspension Theaubgnant recipient agrees tocomply with Executive Order 12540. Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Non procurement)"These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, den|un*d ineligible oriovoluntarily excluded from participating in this covered transaction, unless authorized bythe Department. /fthe aubgrantin$1O0.0OOormore, the aubgnantrecipient and implementing agency certify that they and their principals: a Are not presently debarred, uuupended, proposed for debarment, declared ine|igib|e, sentenced to a denial of federal benefits by o state or federal uourt, or voluntarily excluded from covered transactions byany federal department oraQenoy� b. Have not within a three-year period preceding this application been convicted of or had a civil SFY2015JAG Standard Conditions Page 16 of 23 Rev. 09/2014 judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (federal, state, or local)terminated for cause or default. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of$100,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant certifies that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 38, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying The subgrant recipient understands and agrees that it cannot 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. SFY2015 JAG Standard Conditions Page 17 of 23 Rev. 09/2014 41. "Pmy—to—Stay~ Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs, "Local jaii^ as referenced in this oondidon, means an adult facility ordetention center owned and/or operated by city, oounh/, or municipality, It does not include juvenile detention centers. "Pay-to- stay" programs as referenced in this oondiUon, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available tothe general inmate popu|ation, may be pnovided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. The Coastal Barrier Resources Act The oubgran( recipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19. 1082 (16 USC 3501 et seq.) which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 43. Enhancement ofSecurity Mfunds are used for enhancing security, the aubgrantrecipient agrees to: a Have an adequate process to aoeeon the impact ofany enhancement of school security measure that in undertaken on the incidence of crime in the geographic area where the enhancement iaundertaken. b. Conduct such an assessment with respect toeach such enhancement; and. submit tothe Department the aforementioned assessment inits Final Program Report. 44. Environmental Protection Agency's (EPA) list ofViolating Facilities The uubgrent recipient assures that the facilities under its ownership, lease orsupervision 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 iaunder consideration for listing bythe EPA. 46. Flood Disaster Protection Act The oubgrent recipient will comply with Section 102(o) of the Flood Disaster Protection Act of 1973. Public Law 93'234. 87 Stat. 975. requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified osanarea having special flood hazards. 46. National Historic Preservation Act It will assist the Department(if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 D.S.C. § 470). Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. §46Qa'1 etoeq.). and the National Environmental Policy Act of1QGQ (42U.GC §4321). 47. Human Research Subjects Subgnont recipient agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research outjecta, including obtainment of Institutional Review Board approva|, if appropriate, and subject informed consent. 48. Global Standards Package In order to promote information sharing and enable interoperability among disparate systems aunuou the justice and public safety oommunity. OJP requires the grantee to comply with DOJ'a Global Justice Information Sharing Initiative (DDJ'aG|oba|) guidelines and recommendations for this particular grant. Grantee shall conform to the 8|obo| Standards Package (G8P) and all SFY3015JAG Standard Conditions Page 18 of 23 Rev. 09/2014 � constituent elements, where applicable, as described at; www.it.ojp.gov/qsp grantcondition. Grantee 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. 49. Reporting, Data Collection and Evaluation The subgrant recipient 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 be monitored by FDLE. 50. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Subgrant recipient further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 51. State Information Technology Point of Contact The subgrant recipient 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 is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the subgrant recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to www.it.o'p.gov/defauit.aspx?area=policyAndPractice&paqe=l 046 52. Interstate Connectivity 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 to achieve interstate connectivity, unless the subgrant recipient 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. 53. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant state or local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 54. Conflict of Interest The subgrant recipient 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 of interest, or personal gain. 55. 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 Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs. 56. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. SFY2015 JAG Standard Conditions Page 19 of 23 Rev. 09/2014 57. Additional Required Certifications Employees Working Solely on a Single Federal Award For any position that works 100% of its time on a single federal award, the employee must certify that 100% 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 of the position's salary that is charged to the grant. The certification must be signed by both the employee and the employee's direct supervisor having firsthand knowledge of the work performed by the employee. The forms must be submitted semi-annually and may not be signed prior to the end of the reporting period. Certifications must be provided to cover the entire grant period. Sole Source If the project requires a purchase of services or equipment from a sole source, the subgrant recipient must complete the Sole Source Justification for Services and Equipment Form. This form must be submitted upon application if applicable and pre-approval must be obtained. If the cost is below$100,000, the form must be kept on file for review at monitoring. If the subgrantee is a state agency and the cost is at least $150,000, then the agency must submit a copy of the approval from the Department of Management Services (F.S. 287.057(5)). ADP Justification The subgrant recipient must complete an Automated 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 and pre-approval must be obtained. Confidential Funds Certificate For all projects involved with confidential funds the subgrant recipient must submit a confidential funds certificate. This certificate certifies the Project Director has read, understands, and agrees to abide by the provision in Chapter 8 of the Office of Justice Programs Financial Guide. This form must be submitted upon application if applicable. Sole Source, ADP Justification, Privacy Certification forms, and Confidential Funds certifications, must be signed by the subgrant recipient or implementing agency chief official or an individual with formal, written signature authority for the chief official. 58. 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. 59. Additional Documentation of Personnel for Department of Financial Services In accordance with Section 215.971, Florida Statutes, the Florida Department of Financial Services may require documentation validation that personnel services were performed on project-related activities in accordance with the contract agreement. 60. Reporting Potential Fraud,Waste, Abuse, and Similar Misconduct The subgrant recipient must promptly refer to 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 false claim for grant funds under 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. 61. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award, 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 (internet- based)task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well SFY2015 JAG Standard Conditions Page 20 of 23 Rev. 09/2014 as other key issues including privacy and civil |ibertk*s/hghta, task force performance measu/ement, personnel oe|eckan, and task force oversight and accountability, When FDLE award funds to support a took fome, the aubgnant recipient must compile and maintain a task force personnel roster along with course completion certificates, Additional information is available regarding this required training and access methods via BJ/Yoweb site and the Center for Task Force Integrity and Leadership (�m����{���). 62. Funds to Association of Community Organizations for Reform Now(ACORN) Uno||mxvab|o Subgnant recipient understands and agrees that it cannot use any federal fundu, either directly nr indinaot|y, in support of any contract or aubawand to either the Association of Community Organizations for Reform Now (ACORN) or its subaidiaries, without the express prior written approval ofOJP. 63. High Risk SubQrontRecipients The aubgmnt recipient agrees tocomply with any additional requirements that may be imposed during the grant performance period if the U.S. Department of Justice determines that the nubgnant recipient is a high-risk grantee. Cf. 28 C.F.R. parts 86. 70. 64. Text Messaging While Driving Pursuant to Executive Order 13513. "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1. 2009). and §316.305, F.S.. the aubgnantrecipient io encouraged ioadopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this nubgnant and to establish workplace safety policies and conduct education, owareneen, and other outreach to decrease crashes caused bydistracted drivers. 65. System for Award Management(SAY0) The aubgrant recipient must maintain current information in SAM until itsubmits the final financial report required under this award or receives the final payment, whichever is later. This noquin*o that the aubgnant recipient review and update the information at least annually after the initial n*gistration, and more frequently if required by changes in its information or another award term. GG. Maximum Allowable Salary No portion of these federal grant funds shall be used towards any pad of the annual cash compensation of any employee of the oubgnsnt recipient 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 is available at . Anubgnant recipient may compensate an employee at 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 0JP official indicated in the program announcement under which this award is made. 67. DNA Testing of Evidentiary Materials and Upload of DNA Profiles to o Database If JAG program funds will be used for DNA testing of evidentiary muterio|n, any resulting eligible DNA profiles must be uploaded tothe Combined DNA Index System (CDD|S), bye government DNA lab with access 1oCOD|S. No profiles generated with JAG funding may beentered into any other non'governmenta| DNA database without prior express written approval from BJA For more informadon, refer to the N|J FY 2012 DNA Backlog Reduction Progrom, available at In addition, funds may not be used for purchase of DNA equipment and supplies when the nauu|Ung DNA profiles from such technology are not accepted for entry into COD|G (the National DNA Database operated bythe FB|). SFY2015 JAG Standard Conditions Page 21 of 23 Rev. 09/2014 68. Interoperable Communications Guidance 8ubgnsnt recipients that are using funds ho support emergency communications activities must comply with the current SAFECONl Guidance for Emergency Communication Granta, 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 bond under the Federal Communications Commission (FCC)Waiver Order. SAFEC0K8 guidance can befound at . Subgnant recipients Grantees 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 ordem, ru|eo, or regulations pertaining to broadband operations inthe 7OO MHz public safety band. The aubgnsntrecipient shall also ensure projects support the Statewide Communication Interoperability Plan (SC|P) and are fully coordinated with the full-time Statewide Interoperability Coordinator (SVV|C). If any future regulatory requirement (from the FCC or other governmental entity) results in a material technical or financial change in the pnoject, the recipient should submit associated documentation, and other materia|, as applicable, for review by the SVV|C to ensure coordination. Subgnant recipients must provide a listing ofall communications equipment purchased with grant award funding (plus the quantity purchased of each i(am) to FDLE once items are procured during any periodic programmatic progress reports. GS. Ballistic-Resistant and Stub Resistant Body Armor Subgront recipients 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 norequirements regarding the nature ofthe policy other than it being o mandatory wear policy for all uniformed officers while on duty. FAQs related to the mandatory wear policy and certifications can befound at . JAG funds may be used to purchase armor for an agnnoy, but may not be used as the 5096 match for purposes of the Bulletproof Vest Partnership (BVP) program. Body armor purchased with JAG funds may be purchased at any threat |ova|, make, or model from any distributor ormanufacturer, as long aathe vests have been tooted and found to comply with applicable National Institute ofJustice ballistic nrstab standards and are listed on the N|J Compliant Body Armor Model List (http:&nij.gov). In addibnn, body armor purchased must be American-made. The latest N|J standard information can be found at 70. BJAnrFDLE Sponsored Events The subgrant recipient agrees to participate in BJA-or FIDLE-sponsored training events, technical assistance events, or conference held by FIDLE or BJA or their designees, upon FIDLE's or BJA's request. 71. Expenses Related toConferences, Meetings, TraininRe' and Other Events The oubgrant recipient agrees to comply with all applicable |awe, regu|ationo, po|icioo, and guidance (including specific cost |imho, prior approval and reporting requinemanto, where npp|ioab|e) governing the use of federal funds for expenses related to conf*nanooa, meetingo, trainingo, and other evonta, including the provision of food and/or beverages at such evento, and costs of attendance at such events. Information on pertinent |awn, n*gu|otiono, po|ioiea, and guidance iaavailable at 72. Environmental Requirements and Energy For aubgranto in excess of $100.000. the oubgrant recipient must comply with all applicable utandardo, ordera, or requirements issued under section 306 of the Clean Air Ant (42 U.S.C. SFY2015 JAG Standard Conditions Page 22 of 23 Rev. 09/2014 1857(h)). section 508 of the Clean Water Ad (33 U�&C� 1368). Executive Order 11738. and Environmental Protection Agency regulations (40CFR part 15) The aubgrant recipient must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L04-163. 8OStat 871). ifany. 73. Other Federal Funds The subgrantee agrees that ifbcurrently has an open award offederal funds or if it receives an award of federal funds other than this avvord, and those awards have been, are being, or are to be used, in whole or in port, for one or more of the identical cost items for which funds are being provided under this award, the subgrantee 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 of funding. 74. Monitoring The recipient agrees to comply with FDLE'o grant monitoring guide|inea, protocu|o, and prooedurao, and to cooperate with FDLE on all grant monitoring nequestn, including requests related to desk nevievva, enhanced programmatic desk reviews, and /or site visits. The recipient agrees to provide FDLE all documentation necessary to complete monitoring of the award. Further, the recipient agrees to abide by reasonable deadlines oat by FDLE for providing requested documents. Failure to cooperate with FDLE grant monitoring activities may oauu|t in sanctions affecting the recipient's awand, ino|uding, but not limited to: withholding and/or other restrictions on the recipient's aooeoa to funds referral to the {)ffioo of the Inspector General for audit revievv, designation of the recipient as a FDLE High Risk gn*ntee, or termination of on award(s). 76. Unmanned Aerial Vehicles The recipient agrees that awarded funds may not beexpended on unmanned aircnsft, unmanned oinoxaft oyab*ms, or aerial vehicles (US. UAS. or UAV) unless the BJ/\ Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order. AddidonaUy, any funding approved for this purpose would be subject to additional reporting, which would be stipulated by FDLE post award. SFY2015 JAG Standard Conditions Page 23 of 23 Rev. 09/2014 CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements Please read carefully the Instructions(see below)and then complete Section A or Section B or Section C, not all three. Recipient's Name:City of Winter Springs DUNS Number:137047887 Address:1126 E.SR 434,Winter Springs,Florida,32708 Grant Title:Command Vehicle Truck Vault Gra11t Number:2015-JAGC-1601 Award Amount:$2804 Name and Title of Contact Person:Matt Tracht,Lieutenant Telephone Number:407-327-7997 E-Mail Address:mtracht@winterspringsfl.org Section A—Declaration Claiming Complete Exemption from the EEOP Requirement Please check all the following boxes that apply. ❑Recipient has less than fifty employees. ❑Recipient is an Indian tribe. ❑Recipient is a medical institution. ❑Recipient is a nonprofit organization. ❑Recipient is an educational institution. 9 Recipient is receiving an award less than$25,000. 1 Charles Lacey [responsible official], certify that The City of winter springs [recipient] is not required to prepare an ESOP for the reason(s)checked above, pursuant to 28 CER §42.302. 1 further certify that The City of winter springs [recipient] will comply with applicable federal civil rights laws that prohibit discrimination in employment and in. the delivery of Services. Charles Lacy,Mayor of the City of Winter Springs 12/01/2014 Print or Type Name and Title Signa urea Date Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an ESOP Is on File for Review /f a recipient agency has f fty or more employees and is receiving a single award or subaivard of$25,000 or more, but less than$500,000, then the recipient agency does not have to submit an ESOP to the OCR for review as long as it certifies the following(42 CF.R.§42.305): 1 [responsible official], certify that _ [recipient], which has fifty or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an ESOP in accordance with 28 CFR pt. 42, subpt. E. I further certify that within the last twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. The ESOP is on file at the following office: [organization], [address]. Print or Type Name and Title Signature Date Section C—Declaration Stating that an EEOP Utilization Report Has Been Submitted to the Office for Civil Rights for Review If a recipient agency has fifty or more employees and is receiving a single award or subaivard of$500,000 or more, then the recipient agency must send an ESOP Utilization Report to the OCR for review. 1 [responsible gfficial], certify that [recipient], which has fifty or more employees and is receiving a single award of$500,000 or more, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [date] to the Office for Civil Rights, Office of Justice Programs,U.S.Department of Justice. Print or.Type Name and'Title Signature Date OMB Approval No. 1121-0340 Expiration Date:05/31/14 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct 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: petrlina T.Herring, ureau Chief Date: ,".r,....fk Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) City of Winter Springs, Florida Typed Name of Subgrant Recipient: Mayor Charles Lacey Signature: Typed Name and Title: Char g Lacey, Mayor Date: December 1, 2014 Implementing Agency Official,Administrator or DesignatedRepresentative City of Winter Springs, Florida Typed Name of Imp mentin Agency: nter Springs Police Department Signature: Typed Name and Title: Kevin P. Brunelle, Chief of Police Date: December 1, 2014 Application Ref# 2015-JAGD-1601 Section#6 Page 1 of 1 Contract -JAGD-SEMI--- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005)