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HomeMy WebLinkAbout2016 04 11 Consent 302 Acceptance of Edward Byrne Memorial Justice Assistance Grant Funds &200,66,21$*(1'$ ,QIRUPDWLRQDO &RQVHQW ; ,7(0 3XEOLF+HDULQJV 5HJXODU $SULO.6.% 5HJXODU0HHWLQJ&LW\0DQDJHU'HSDUWPHQW 5(48(67 7KH3ROLFH'HSDUWPHQWUHTXHVWVWKH&RPPLVVLRQDFFHSWWKH)ORULGD'HSDUWPHQWRI /DZ(QIRUFHPHQW(GZDUG%\UQH0HPRULDO-XVWLFH$VVLVWDQFHLQWKHDPRXQWRI FISCAL IMPACT: The potential grant revenues and related expenditures were not included in the FY 2016 budget pending a decision on award. The budget was already approved and in effect prior to this grant being awarded. The anti-theft devices will cost approximately $2,705. There is no additional fiscal impact on the FY 2016 budget relative to this agenda item, however, we will now not have to budget these devices for FYI 7. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the Commission approve the acceptance of the 2016 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance in the amount of$2,705 to purchase the police vehicle anti-theft devices and authorize the Mayor and City Manager to execute any and all required grant reimbursement documents. ATTACHMENTS: A- Grant Award 2016-JAGD-SEMI-2-H4-112 Consent-302 PAGE 2 OF 2-April 11,2016 Attachment "A" F D" L E Florida Department of Business Support Rick Scott, Governor Law Enforcement Office of Criminal Justice Grants Pam Bondi,Attorney General Post Office Box 1489 Jeff Atwater, Chief Financial Officer Richard L. Swearingen Tallahassee, FL 32302-1489 Adam Putnam, Commissioner of Agriculture Commissioner (850)617-1250 www.fdle.state.fl.us MAR 8 2016 The Honorable Charles Lacey Mayor City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Contract No.2016-JAGD-SEMI-2-H4-112 Dear Mayor Lacey: The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant(JAG) subgrant to your unit of government in the amount of$2,705.00 for the project entitled, POLICE VEHICLE ANTI-THEFT.This subaward is approved under Florida's state JAG award 2015-MU-BX-1066 from the Department of Justice.These funds shall be utilized for the purpose of reducing crime and improving public safety and the criminal justice system. Enclosed is a copy of the approved subaward application with the referenced contract number and standard conditions.This subaward is subject to all administrative and financial requirements, including timely submission of all financial and performance reports and compliance with all standard conditions. Information from subawards and performance reports are provided to the Department of Justice(DOJ) Performance Measurement Tool(PMT)and Federal Funding Accountability and Transparency Act(FFATA)to meet federal transparency requirements. Contract and grant information is also provided to the State of Florida, Department of Financial Services (DFS)via the Florida Accountability Contract Tracking System(FACTS).This grant agreement and all correlating information including general contract, performance,amendment/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. If this agreement contains confidential or exempt information not subject to disclosure under Chapter 119, F.S.,please contact the Office of Criminal Justice Grants (OCJG)for guidance on how to request exemption. Please complete and return the enclosed Certificate of Acceptance and Certification of Conflict of Interest forms within 30 calendar days from the date of award. Completion of the Certificate of Acceptance constitutes official acceptance of the subaward and must be received by the Department prior to reimbursement of any project expenditures. Some costs require prior written approval from OCJG and DOJ before beginning project activities. If your subaward contains any such items or those listed on the Bureau of Justice Assistance(BJA) Controlled Expenditures List,a grant adjustment and written request with justification will be required. A correlating special condition on your subgrant award in the Subgrant Information Management ON-Line(SIMON) system may also be included. We look forward to working with you on this project. Please contact Senior Management Analyst Supervisor Randall Smyth at(850)617-1250 if you have any questions or we can be of further assistance. Petrina Tuttle Herring Bureau Chief PTH/ar Enclosures Service •Integrity •Respect •Quality State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2016-JAGD-SEMI-2-H4-112, in the amount of$2,705.00,for a project entitled, POLICE VEHICLE ANTI- THEFT,for the period of 02/01/2016 through 06/30/2016,to be implemented in accordance with the approved subgrant application,and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. This subaward requires that no recipient or subrecipient,or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to restrict,the reporting of waste,fraud or abuse in accordance with the law to a department or agency authorized to receive such information. This is not intended to contravene requirements applicable to classified, sensitive or exempt information. In accepting this awaro,the subgrantee certifies that it neither requires nor has required employees or contractors to sign such internal confidentiality agreements or statements. r o u r� u horized Official Charles Lacey, Mayor (Print Name and Title of Official) (Na a of Subgrantee) X114 (Date of Acceptance) Rule Reference 11 D-9.006 OCJG-012(rev.June 2012) 14W ,q1W State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATION OF CONFLICT OF INTEREST Subgrantee: City of Winter Springs Award Number: 2016-JAGD-SEMI-2-H4-112 Decisions related to use of these grant funds must be free of undisclosed personal or organizational conflicts of interest, both in fact and in appearance. The subgrantee,through its authorized representative,certifies the unit of government above is compliant with OMB Uniform Grant Guidance (2:;FR Part 200),Section 200.112 and OJP Financial Guide, Section 3.20 regarding Conflict of Interest and will notify FDLE Office of Criminal Justice Grants, in writing,of any potential conflict of interest in accordance with this agreemen!. The recipient also agrees to disclose in a timely manner,in writing,all violations of state or federal criminal law involving fraud,bribery or gratuity violations potentially affecting this subaward. (Signgtdr6 996Cgraht t ized Official) Charles Lacey, Mayor (Print Name and Title of OfficiaD (pat ) NA . VAW SUBGRANT AWARD CERTIFICATE Subgrantee: City of Winter Springs Date of Award: 3f 7/20(G Grant Period: From: 02/01/2016 TO: 06/30/2016 Project Title: POLICE VEHICLE ANTI-THEFT Grant Number: 2016-JAGD-SEMI-2-H4-112 Federal Funds: $2,705.00 State Agency Match: Local Agency Match: $0.00 Total Project Cost: $2,705.00 CFDA Number: 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 of 1968 as amended Subpart 1 of such part(42 U.S.C. 3751-3759);the Consolidated Appropriations Act,2008, Public Law 110-161; and Public Law 109-162,Title XI, Department of Justice Reauthorization, Subtitle B, Improving the Department of Justice's Grant Programs,Chapter 1,Assisting Law Enforcement and Criminal Justice Agencies, Section 1111.Merger of Byme Grant Program and Local Law Enforcement Block Grant Program,to the above mentioned Subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Office of Justice Programs (OJP) Financial Guide, Common Rule for State and Local Governments,or OMB Uniform Grant Guidance (2 CFR Part 200), in their entirety. It is also subject to the attached standard conditions and such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. This award is a cost-reimbursement agreement for satisfactory performance of eligible activities. Requests for reimbursement may be submitted quarterly or monthly as designated in the Financial Section of the agreement. Requests for reimbursement will be processed in conjunction with receipt and review of programmatic performance reports to determine successful completion of minimum performance for deliverables.Expenditures must be supported with documentation and verified during annual monitoring. Failure to comply with provisions of this agreement, or failure to meet minimum performance specified in the agreement will result in required corrective action up to and including project costs being disallowed,withholding of federal funds and/or termination of the project, as specified within the terms of the agreement and OMB Uniform Guidance 200.338-200.342. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award,a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. Authorized Official , Petrina Tuttle Herring Bureau Chief Date ( )This award is subject to special conditions(attached). Anlication for Funding AssisWnce 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 @winterspdngsfl.org Chief Financial Officer Name: Shawn Boyle Title: Finance and Administrative Services Director Address: 1126 East State Road 434 City: Winter Springs State: FL Zip: 32708 Phone: 407-327-5960 Ext: Fax: Email: sboyle@winterspringsfl.org Application Ref# 2016-JAGD-1763 Section#1 Page 1 of 2 Contract 2016-JAGD-SEMI-2-H4-112 Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Alication for Funding Assist Yice 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: Doug Seely Title: Lieutenant Address: 300 North Moss Road City: Winter Springs State: FL Zip: 32708 Phone: 407-327-1000 Ext: 457 Fax: 407-327-6652 Email: DSeely@winterspringsfl.org Application Ref# 2016-JAGD-1763 Section#1 Page 2 of 2 Contract 2016-JAGD-SEMI-2-H4-112 Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) duplication for Funding AssisiOnce Florida Department of Law Enforcement Justice Assistance Grant- Direct Overview Section 2: Project General Project Information Project Title: POLICE VEHICLE ANTI-THEFT Subgrant Recipient:: City of Winter Springs ImplemeAting Agency: Winter Springs Police Department Project Start Date: 2/1/2016 End Date: 6/30/2016 Problem Identification Police Officers are in and out of their police cars during the performance of their duties. Due to technology(MOTs and In Car Cameras)and events that require the use of Police Emergency Lights such as traffic control, traffic stops, traffic crashes, perimeter work to name a few, the vehicles may need to be left on and running. This could lead to the Emergency Vehicle susceptible to being stolen. To further the challenge, under Florida State Statute 316.1975, no one may leave their vehicle on and running, unattended, with very few exceptions. However, an authorized emergency vehicle while in performance of official duties and the vehicle is equipped with an activated antitheft device that prohibits the vehicle from being driven is acceptable. This was not a budgeted item and these funds are needed to finish out the fleet. Project Summary (Scope of Work) The Antitheft device will be purchased at the best price possible. They will be installed in marked and unmarked police vehicles utilized by the members of the Winter Springs Police Department. Since the devices are built to plug in the current vehicle wiring systems with minimal installation time they will not void the vehicle warranty. The installation will be done by the City mechanics that work currently on the police vehicles. This then will allow the members to be in compliance with state statute and allow the vehicle to stay on and running during those situations when needed. Winter Springs Police Department will be purchasing 27 additional units to finish out the fleet. Documentation will be provided by invoices received. Application Ref# 2016-JAGD-1763 Section#2 Rage 1 of 3 Contract 2016-JAGD-SEMI-2-H4- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) implication for Funding Assislffnce Florida Department of Law Enforcement Justice Assistance Grant- Direct !Section • Overview Section Questions: Question: What percentage of the total cost of this project is being funded by sources other than this award? Answer: 63 Question: What is the name of the jurisdiction your agency serves? (i.e., your city or your county) Answer: The Winter Springs Police Department serves the incorporated boundaries of the City of Winter Springs. The city is centrally located in Seminole County in the State of Florida. Question: What is the combined population of the jurisdiction(s)your agency serves, according to the 2010 census? Answer: 33282 Question: What is the physical address of the location being used to provide services for this project? If services are being provided at more than one location, list all of them. Answer: The Winter Springs Police Department is located at 300 North Moss Road, Winter Springs, FI 32708. This is the only location the Police Department operates out of. Question: Describe your agency(e.g., municipal government, school board, sheriffs office). Answer: The Winter Springs Police Department is a State of Florida Accredited and CALEA Nationally Accredited agency since 2003. It has a compliment of 63 officers and 13 Civilians. Question: Have you verified that the subgrantee has an active and current registration in SAM.gov? (If no, funds will not be available for drawdown.) Answer: Yes Question: What is the Operating Capital Outlay threshold used by the subgrantee? (Verify this with your finance director.) If the implementing agency is a sheriffs office, indicate the sheriffs office's threshold instead. Answer: The Operating Capital Outlay threshold is$1000 per item. It will then have an asset tracking sticker applied. Question: Does the subgrantee receive a single grant in the amount of$750,000 or more from the U.S. Department of Justice? Answer: No Question: Does the implementing agency receive a single grant in the amount of$750,000 or more from the U.S. Department of Justice? Answer: No Question: In your organization's preceding completed fiscal year, did your organization (the subgrantee) receive at least(a)80 percent or(b)$25,000,000 of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? Answer: No Application Ref# 2016-JAGD-1763 Section#2 Page 2 of 3 Contract 2016-JAGD-SEMI-2-H4- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Atlication for Funding AssislIfnce Florida Department of Law Enforcement Justice Assistance Grant- Direct Question: If you answered yes above, does the public have access to information about the compensation of the executives in your organization (the subgrantee)through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 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 Application Ref# 2016-JAGD-1763 Section#2 Page 3 of 3 Contract 2016-JAGD-SEMI-2-H4 Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Atlication for Funding AssisWrlice Florida Department of Law Enforcement Justice Assistance Grant- Direct Section 3: Performance General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 01 -Law Enforcement(Includes Task Forces) State Purpose Area: 1G -General Questions(Required) Objectives and Measures Objective: General Questions- Required questions for all recipients. Measure: General 01 Will your organization be using the crimesolutions.gov website during the grant period regardless of JAG funding? Crimesolutions.gov provides information on several crime reduction and prevention programs and practices. Goal: No Measure: General 02 Will your organization be using the National Training and Technical Assistance Center(NTTAC)during the grant period, regardless of JAG funding?The NTTAC serves as BJA's training and technical assistance center. You can find resources, tools, webinars, and TTA support on a variety of criminal justice issues and initiatives. Goal: No Measure: General 03 Will your organization be using the NCJP.org website during the grant period, regardless of JAG funding? NCJP.org contains resources to support strategic planning, program development, and implementation of evidence-based policy and practice. Goal: No Measure: General 04 Will your organization be using the Evidence-Based Policing Matrix during the grant period regardless of JAG funding?The Evidence-Based Policing Matrix provides information on evidence-based practices for law enforcement. Goal: No Measure: General 05 Will your organization be using the What Works in Reentry Clearinghouse during the grant period regardless of JAG funding?The clearinghouse provides research on the effectiveness of reentry programs and practices. Goal: No Measure: General 06 Application Ref# 2016-JAGD-1763 Section#3 Page 1 of 3 Contract 2016-JAGD-SEMI-2-H4- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) A*Iication for Funding Assis'!'!Ihce Florida Department of Law Enforcement Justice Assistance Grant - Direct Section 3: Performance Will your organization be using Research to Practice during the grant period regardless of JAG funding? Research to Practice promotes the dissemination of research on drug courts to practitioners and policymakers. Goal: No Measure: General 07 Will your organization be using any other resources during the grant period regardless of JAG funding? If yes, please describe them. Goal: No Measure: General 08 During the grant period,will your agency conduct or sponsor(with or without JAG funds)a survey or focus group of citizens on any of the following topics? Enter all that apply from the following list: Public satisfaction with police services; public satisfaction with prosecution services; public satisfaction with public defender/indigent defense services; public satisfaction with courts; public perceptions of crime/disorder problems; personal crime experiences of citizens; none of the above; unsure/don't know. Goal: Unsure-we currently have an open survey on the city website - http://www.wintersp ringsfl.org/E N/web/dept/pd/96426/Policesurvey2.html Measure: General 09 During the grant period,which of the following community activities will your organization be involved in, with or without JAG funds and how often will they each occur(yearly, monthly, etc.)? Choose from the following list: Hosting community meetings; attending community meetings; distributing a newsletter, e-mail, or other bulletin; attending community events; conducting social media activities; conducting outreach to minority populations; other(please describe) Goal: During the Grant Period the Winter Springs Police Department will have its monthly Citizens Advisory Committee, Monthly City Newsletter, Annual Kick Ball Tournament, Community Movie Night, Community Youth Summer Program, and much more. Measure: General 10 Law Enforcement Agencies ONLY: In which of the following ways has your agency fostered community involvement in the last year? Enter all that apply from the following list: Citizen Review Board or other review board with citizen representation, Citizen's Police Academy, Internships for university or high school students, Volunteer Program, Auxiliary police officer program, Police Cadet Program, k-12 school programs,Youth Athletic Programs, Other(please Describe), None of the above, Unsure/Don't know. Goal: The Winter Springs Police Department fosters community involvement through Internships, Volunteers, Explorers, School Resource Officers, Citizens Advisory Committee, and Citizens Police Academy every other year. Application Ref# 2016-JAGD-1763 Section#3 Page 2 of 3 Contract 2016-JAGD-SEMI-2-H4- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) lication for Funding Assis'Knce Florida Department of Law Enforcement Justice Assistance Grant- Direct iSection 3: Performance Measure: General 11 Identify the goal(s)you hope to achieve with your funding. If you have multiple goals, describe each goal separately. Goal: The goal of this project is to have every Winter Springs police vehicle in compliance with state statute. Measure: General 12 Are the subrecipient and implementing agency aware that they will be required to report on the status of the identified goals during each reporting period? Goal: Yes Measure: General 13 Describe any barriers you may encounter which may prevent you from achieving your identified goal(s). Goal: The only barriers that would prevent this project to finalize this year is funding. Measure: General 14 Are you aware that the Office of Criminal Justice Grants encourages recipients to report on any noteworthy accomplishments,success stories, or program results that they would like to showcase? Goal: Yes State Purpose Area: 3E- Equipment, Supplies, and Technology Enhancements Objectives and Measures Objective: Equipment-Questions for recipients funding Equipment, Supplies, and Technology Enhancements. Measure: Equipment 01 Do the Subrecipient and Implementing agencies understand that they will be required to submit an itemized account of all items purchased during each reporting period as part of their-performance reporting? Goal: Yes Application Ref# 2016-JAGD-1763 Section#3 Page 3 of 3 Contract 2016-JAGD-SEMI-2-H4- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Arpiication for Funding AssistYnce Florida Department of Law Enforcement Justice Assistance Grant - Direct General Financial Info: RI Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR/Vendor Number: 591026364 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $2,705.00 $0.00 $2,705.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 --Totals — $2,705.00 $0.00 $2,705.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income(PGI)? No Application Ref# 2016-JAGD-1763 Section#4 Page 1 of 3 Contract 2016-JAGD-SEMI-2-H4-112 Rule Reference I ID-9.006 OCJG-005(rev.April 2005) dftillication for Funding Assis"dnce Florida Department of Law Enforcement Justice Assistance Grant- Direct isection 4: Financial (cont.) Budget Narrative: Expenditures Police Anti-Theft system Each unit is a complete system which includes a control box, alarm indicator, bypass switch,and wiring diagram. Cost Per Unit$99ea Total$2673 Shipping$33 Installation-free Project Total$2706 Any expenditures over the grant total of$2705 will be paid by the City of Winter Springs Application Ref# 2016-JAGD-1763 Section#4 Page 2 of 3 Contract 2016-JAGD-SEMI-2-H4- Rule Reference I ID-9.006 OCJG-005(rev.April 2005) plication for Funding Assis*nce Florida Department of Law Enforcement Justice Assistance Grant- Direct • Section Questions: Question: If the budget contains salaries and benefits, will this project result in a net personnel increase, or continue to fund a prior federally grant funded net personnel increase? (Documentation will be required.) Answer: N/A Question: If fringe benefits are included, are they detailed in the budget narrative? Answer: N/A Question: If indirect cost is included, explain the indirect cost plan. Provide documentation of approval. Answer: N/A Question: If contractual services in the budget are based on unit costs, provide a definition and breakdown of cost for each service. Include the methodology for the unit cost plan and when it was approved. Answer: N/A Question: If Expenses or Operating Capital Outlay are included in your budget,what will be the method of procurement for those items? (e.g., competitive bid, sole source, state term contract) Answer: Quotes for the three manufacturers. Secure Idle Anti Theft-$179 ea Safe Stop Vehicle Anti Theft-$159 ea Tremco Anti-Theft-$99ea We chose the Tremco System for the lower cost and ease of installation. Application Ref# 2016-JAGD-1763 Section#4 Page 3 of 3 Contract 2016-JAGD-SEMI-2-H4- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Aomication for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant- Direct Insert Standard Conditions Page here. Application Ref# 2016-JAGD-1763 Section#5 Page 1 of 1 Contract 2016-JAGD-SEMI-2-H4-112 Rule Reference 11D-9.006 OCJG-005(rev.April 2005) '"W •.r' Edward Byrne Memorial Justice Assistance Grant (JAG) Program STANDARD CONDITIONS The State of Florida, Department of Law Enforcement(FDLE)is a recipient of federal JAG funds. FDLE, as the non- federal pass-through entity and State Administering Agency(SAA)for this program,subawards JAG funds to eligible units of government. All subawards made by FDLE to units of government under this program require compliance with the agreement and Standard Conditions upon signed acceptance of the subaward. Upon approval of the application, or subaward,the following terms and conditions will become binding. As a unit of government,the subrecipient will maintain required state and federal registrations and certifications for eligibility under this program. For JAG-Countywide subawards, the designated County Coordinator for local units of government will submit documentation in accordance with Florida Administrative Code 11 D-9 supporting the strategic planning for allocation of these funds. The subrecipient agrees to submit required programmatic and financial reports supporting eligible activities were completed in accordance with the grant and program requirements. The Department will only reimburse subrecipients for authorized activities. The Department will not reimburse for costs incurred for any purpose other than those specified in the agreement. Failure to comply with provisions of this agreement,or failure to perform grant activities as specified in the agreement, will result in required corrective action up to and including financial consequences. A financial consequence may be imposed for non-compliance in accordance with 2 C.F.R. §200 and these Standard Conditions, including but not limited to project costs being disallowed,withholding of federal funds and/or termination of the project. GENERAL REQUIREMENTS All subrecipients must comply with requirements set forth in the current edition of the U.S.Department of Justice, Office of Justice Programs(OJP)Financial Guide(Financial Guide), http://ojp.gov/financialguide/DOJ/pdfs/2015_DOJ_FinanciaiGuide.pdf,the Edward Byrne Memorial Justice Assistance Grant(JAG)program guidance,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.firuies.org/ Office of Management and Budget(OMB)Uniform Grant Guidance(2 C.F.R.§200)Subpart A Definitions, Subparts B-D Administrative Requirements,Subpart E Cost Principles,Subpart F Audit Requirements and all applicable Appendices.This guidance supersedes previous OMB Circulars and Standard Conditions and is applicable to any new subawards made under Federal grants awarded on or after December 26, 2014. http://www.ecfr.gov/cai-bin/text-idx?SID=62764122c78Oe5d 1 d2l 34127afadc3Od&node=2:1.1.2.2.1&rgn=div5 Code of Federal Regulations:www.gpo.-gov/fdsys/ 2 C.F.R. §175.15(b),"Award Term for Trafficking in Persons" 28 C.F.R.§38,"Equal Treatment for Faith-Based Organizations" 28 C.F.R.§66,"U.S.Department of Justice Common Rule for State And Local Governments"(Common Rule) 28 C.F.R.§83,"Government-Wide Requirements for Drug-Free Workplace(Grants)" 28 C.F.R.§§ 18,22, 23,30,35,42, 61,and 63 Public Law Pub.L.No.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: http://www.gpo.gov/fdsys/pkq/PLAW-109pub1162/pdf1PLAW-109pub1162.pdf United States Code:www.gpo.gov/fdsys/ 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: http://d I ls.dos.state.fl.us/barm/ge nschedu les/GS2-2008-Rev2010.pdf SFY2016 JAG Standard Conditions Page 1 of 20 Rev. 10/2015 4WW low Protected Personally Identifiable Information(Pill means an individual's first name or first initial and last name in combination with any one or more of types of information, including,but not limited to social security numbers; passport numbers; credit card numbers;clearances; bank numbers; biometrics;date and place of birth; mother's maiden name;criminal,medical, and financial records; and educational transcripts.This does not include PH that is required by law to be disclosed. (See also§200.79 Personally Identifiable Information(PII)). Questioned cost means a cost that is questioned by the auditor because of an audit finding 1)that resulted from a violation or possible violation of a statute, regulation,or the terms and conditions of a Federal award, including for funds used to match Federal funds;2)where the costs, at the time of the audit,are not supported by adequate documentation;or 3)where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances. Simplified acquisition threshold means the dollar amount below which a non-Federal entity may purchase property or services using small purchase methods. Non-Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold.The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 C.F.R. Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. §1908.As of the publication of this part, the simplified acquisition threshold is$150,000,but this threshold is periodically adjusted for inflation. (Also see definition of§200.67 Micro-purchase.) Subaward/Subgrant means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program.A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program;but does not include an individual that is a beneficiary of such program.A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Supplies means all tangible personal property other than those described in 2 C.F.R. §200.33, "Equipment".A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non-Federal entity for financial statement purposes or$5,000,regardless of the length of its useful life. See also§§ 200.20,"Computing devices"and 200.33,"Equipment". SECTION I: TERMS AND CONDITIONS The subrecipient agrees to be bound by the following standard conditions: 1.0 Payment Contingent on Appropriation and Available Funds-The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subrecipients for incurred costs is subject to available federal funds. 2.0 System for Award Management(SAM)-The subrecipient must maintain current information in SAM until it submits the final financial report required under this award or receives the final payment, whichever is later. This requires that the subrecipient review and update the information at least annually after the initial registration,and more frequently if required by changes in its information or another award term. 3.0 Commencement of Project-If a project is not operational within 60 days of the original start date of the award period,the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. 3.1 If a project is not operational within 90 days of the original start date of the award period,the subrecipient must submit a second statement to the Department explaining the implementation delay. 3.2 Upon receipt of the ninety(90)day letter,the Department shall determine if the reason for delay is justified or shall,at its discretion, unilaterally terminate this agreement and re-obligate subaward funds 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. 4.0 Supplanting-The subrecipient agrees that funds received under this award will not be used to supplant state SFY2016 JAG Standard Conditions Page 3 of 20 Rev. 10/2015 tow ,.r to,employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile record checks through the Florida Department of Law Enforcement, and federal criminal record checks through the Federal Bureau of Investigation, and may include local criminal record checks through local law enforcement agencies. 13.2.1 Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. 13.2.2 Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required,the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency,to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 14.0 Privacy Certification-The subrecipient agrees to comply with all confidentiality requirements of 42 U.S.C. § 37898 and 28 C.F.R. §22 that are applicable to collection,use,and revelation of data or information. Subrecipient further agrees, as a condition of grant approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. §§22 and, in particular,section 22.23. Privacy Certification forms must be signed by the subrecipient or implementing agency chief official or an individual with formal,written signature authority for the chief official. 15.0 Conferences and Inspection of Work-Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department,of the U.S. Department of Justice,or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 16.0 Insurance for Real Property and Equipment-The subrecipient must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non-Federal entity. SECTION If: CIVIL RIGHTS REQUIREMENTS 1.0 Federal laws prohibit recipients of financial assistance from discriminating on the basis of race,color, national origin, religion,sex,disability, or age in funded programs or activities. All subrecipients, implementing agencies, and contractors must comply with any applicable statutorily-imposed nondiscrimination requirements,which may include the Omnibus Crime Control and Safe Streets Act 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 C.F.R. §42; see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations). 2.0 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 subrecipient 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. 3.0 Subrecipients are responsible for ensuring that contractors and agencies to whom they pass through funds are in compliance with all Civil Rights requirements and that those contractors and agencies are aware that they may file a discrimination complaint with the subrecipient, with FDLE, or with the Office for Civil Rights (OCR), and how to do so. 4.0 Equal Employment Opportunity Plans 4.1 A subrecipient or implementing agency must develop an EEO Plan if it has 50 or more employees and has received any single award of$25,000 or more from the Department of Justice. The plan must be prepared using the online short form at www.olp.usdoi.gov/about/ocr/eeop comply.htm,must be SFY2016 JAG Standard Conditions Page 5 of 20 Rev. 10/2015 %W 14W 13.3 Notify participants, beneficiaries, employees,applicants, and others that the subrecipient/implementing agency does not discriminate on the basis of disability. 14.0 Limited English Proficiency(LEP)-In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d), recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at www.lep.gov. FDLE strongly encourages subgrant recipients to have a written LEP Language Access Plan. 15.0 Title IX of the Education Amendments of 1972(28 C.F.R.§54) -If the subrecipient operates an education program or activity,the subrecipient must take the following actions: 15.1 Adopt grievance procedures that provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Title IX of the Education Amendments of 1972,found at 28 C.F.R. §54,which prohibit discrimination on the basis of sex. 15.2 Designate a person to coordinate compliance with the prohibitions against sex discrimination contained in 28 C.F.R. § 54. 15.3 Notify applicants for admission and employment, employees,students, parents,and others that the subrecipient/implementing agency does not discriminate on the basis of sex in its educational programs or activities. 16.0 Equal Treatment for Faith Based Organizations-The subrecipient agrees to comply with the applicable requirements of 28 C.F.R.§38,the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations"(the"Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the recipient or a subrecipient must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. The subrecipient also understands and agrees 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 award,faith-based organizations may, in some circumstances,consider religion as a basis for employment. See www.oip.gov/abouttocr/equal fbo.htm. 17.0 Immigration and Nationality Act-No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. § 1324a(e), Section 274A(e)of the Immigration and Nationality Act('INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by the subrecipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this contract by the Department. SECTION III: FINANCIAL REQUIREMENTS AND RESPONSIBILTY 1.0 Fiscal Control and Fund Accounting Procedures 1.1 All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide,the Common Rule, and OMB Uniform Grant Guidance(2 C.F.R§200)as applicable, in their entirety. 1.2 Subrecipients must have written procedures for procurement transactions. Procedures must ensure that all solicitations follow 2 C.F.R. §200.319 Competition. 1.3 The subrecipient is required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them.As a subrecipient,you must have a financial management system in place that is able to record and report on the receipt, obligation, and SFY2016 JAG Standard Conditions Page 7 of 20 Rev. 10/2015 %WAW �qwr 5.2 Under no circumstances can transfers of funds increase the total budgeted award. 5.3 Requests for changes to the subaward agreement must be electronically signed by the subrecipient or implementing agency's chief official or the chief official's designee. 5.4 All requests for changes must be submitted in SIMON no later than thirty(30)days prior to grant expiration date. 6.0 Required Reports-All reports must relate financial data to performance accomplishments. Subrecipients must submit both reports on the same reporting cycle. 6.1 Financial Expenditure Reports 6.1.2 The subrecipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty(30)days after the end of the reporting period. In addition, if the subaward period is extended, additional Project Expenditure Reports shall be submitted. 6.1.3 All project expenditures for reimbursement of subrecipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants(OCJG)through the SIMON(Subgrant Information Management Online). 6.1.4 All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-audit and post-audit. 6.1.5 Before the"final"Project Expenditure Report will be processed,the subrecipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. 6.1.6 Reports are to be submitted even when no reimbursement is being requested. 6.1.7 The report must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer's designee. 6.2 Project Performance Reports 6.2.1 Reporting Time Frames:The subrecipient shall submit Monthly or Quarterly Project Performance Reports in SIMON, hereafter known as the Department,within fifteen(15)days after the end of the reporting period. In addition, if the sub award period is extended beyond the"original"project period, additional Quarterly Project Performance Reports shall be submitted. 6.2.2 Failure to submit Quarterly Performance Reports that are complete,accurate, and timely may result in sanctions,as specified in Section IV 4.2,Performance of Agreement Provisions. 6.2.3 Report Contents: Performance Reports must include a response to all objectives included in your subaward. A detailed response is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems.Additional information may be required if necessary to comply with federal reporting requirements. 6.2.4 Submission: Performance Reports may be submitted by the Project Director,Application Manager,or Performance Contacts. 6.3 Project Generated Income(PGI)-All income generated as a direct result of a subgrant project shall be deemed program income. Program income must be accounted for and reported in SIMON in accordance with the OJP Financial Guide(Section 3.4). 6.3.1 Required Reports-the subrecipient shall submit Quarterly PGI Earnings and Expenditures Reports to the Department within thirty(30)days after the end of the reporting period covering subaward project generated income and expenditures during the previous quarter. If any PGI SFY2016 JAG Standard Conditions Page 9 of 20 Rev. 10/2015 %r 5.0 High Risk Subrecipients -The subrecipient agrees to comply with any additional requirements that may be imposed during the grant performance period if FDLE's pre-award risk assessment or the U.S. Department of Justice determines the subrecipient is a high-risk grantee. Cf.28 C.F.R. §§66,70. 6.0 Reporting,Data Collection and Evaluation -The subrecipient agrees to comply with all reporting,data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant(JAG). Compliance with these requirements will be monitored by FDLE. 7.0 Retention of Records-The subrecipient shall maintain all records and documents for a minimum of five(5) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. The subrecipient shall comply with State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: http://dos.myflorida.com/media/693574/general- records-schedulegs0l-sl.pdf http://dos.mvflohda.com/media/693578/gs02.pdf 8.0 Disputes and Appeals-The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subrecipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the subrecipient appeals the Department's decision,the appeal also shall be made in writing within twenty-one(21)calendar days to the Department's clerk(agency clerk). The subrecipient's right to appeal the Department's decision is contained in§ 120, Fla. Stat., and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under§120, Fla. Stat. 9.0 Single Annual Audit 9.1 Subrecipients that expend$750,000 or more in a year in federal awards shall have a single audit or program-specific audit conducted for that year. The audit shall be performed in accordance with 2 C.F.R. §200(F)Audit Requirements and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number,CFDA number,award amount,contract period, funds received,and funds disbursed. When applicable,the subrecipient shall submit an annual financial audit that meets the requirements of Florida Statutes 11.45,"Definitions; duties;authorities; reports; rules."; 215.97,"Florida Single Audit Act", 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." 9.2 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, including audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. 9.3 Audits shall be completed by an Independent Public Accountant(IPA)and according to Generally Accepted Government Auditing Standards(GALAS).The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. Subrecipients shall procure audit services according to§ 200.509, and include clear objectives and scope of the audit in addition to peer review reports to strengthen audit quality and ensure effective use of audit resources. 9.4 The subrecipient shall promptly follow-up and take appropriate corrective action for any findings on the audit report in instances of noncompliance with federal laws and regulations, including but not limited to preparation of a summary schedule of prior audit findings and a corrective action plan. Subrecipient follow-up to audit findings must abide by requirements in 2 C.F.R. §200.511. 9.5 Auditees must make copies available for public inspection and ensure respective parts of the reporting package do not include protected personally identifiable information. Records shall be made available upon request for a period of three(3)years from the date the audit report is issued, unless extended in writing by the Department. 9.6 Subrecipients that expend less than$750,000 in federal awards during a fiscal year are exempt from the audit requirements of 2 C.F.R.§200(F)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 SFY2016 JAG Standard Conditions Page 11 of 20 Rev. 10/2015 %W ,,r 5.1 Prohibited Expenditure List-Subaward funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition. https://www.b'a.qov/Funding/JAGControlledPurchaseList.t)d f 5.2 Controlled Purchase List-Requests for acquisition of items on the Controlled Purchase List must receive explicit prior written approval from FDLE and BJA. If award funds are approved and used for the purchase or acquisition of any item on the Controlled Purchase List,the subrecipient must collect and retain certain information about the use of 1)the federally grant funded controlled equipment and 2)any other controlled equipment in the same category as the federally-acquired controlled equipment in the agency's inventory, regardless of source; and make that information available to FDLE and BJA upon request. No equipment on the Controlled Expenditure list that is purchased or acquired under this award may be transferred or sold to a third party without the prior approval and guidance from FDLE and BJA. Failure to comply with conditions related to Prohibited or Controlled Expenditures may result in prohibition from further Controlled Expenditure approval under this or other awards. hft2s://www.bia.gov/Funding/JAGControlledPurchaseList.Pdf 6.0 Review prior to Procurement-Subrecipients are encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods/services. Subrecipients are also encouraged to use excess and surplus property in lieu of purchasing new equipment and property when this is feasible. 7.0 Sole Source-If the project requires a purchase of services or equipment from a sole source,the subrecipient must complete the Sole Source Justification for Services and Equipment Form. If the subrecipient 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(287.057(5) Fla. Stat.). Sole Source form must be signed by the subgrant recipient or implementing agency chief official or an individual with formal,written signature authority for the chief official. 8.0 Unmanned Aerial Vehicles-The recipient agrees that awarded funds may not be expended on unmanned aircraft, unmanned aircraft systems,or aerial vehicles(US, UAS,or UAV)unless the BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order. Additionally, any funding approved for this purpose would be subject to additional reporting,which would be stipulated by FDLE post award. 9.0 Personal Services—Subrecipients may use grant funds for eligible personal services(salariestbenefits and overtime)and must maintain internal controls over salaries and wages. The following requirements apply to personal services paid with subgrant funds: 9.1 Timesheets-Timesheets must be kept for all project staff whose hours will be charged to the project. The timesheets must be signed by the supervisor and clearly indicate hours spent on project activities. 9.2 Additional Documentation -In accordance with Florida Statute§215.971,the Florida Department of Financial Services may require documentation validation that personnel services were performed on project-related activities in accordance with the contract agreement. 9.3 Protected personally identifiable information-The subrecipient shall take reasonable measures to safeguard protected personally identifiable information and other information the pass-through entity designates as sensitive or the subrecipient considers sensitive consistent with applicable Federal,state, local,and tribal laws regarding privacy and obligations of confidentiality. 9.4 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. 9.5 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 SFY2016 JAG Standard Conditions Page 13 of 20 Rev. 10/2015 VW %W Office of Justice Programs Financial Guide(as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, and 2 C.F.R.§200.315"Intangible Property,"as applicable. 12.2 Copyright-The awarding agency reserves a royalty-free,non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use,for federal govemment purposes: 12.2.1 The copyright in any work developed under an award or subaward, and 12.2.2 Any rights of copyright to which a subaward recipient or subrecipient purchases ownership with support funded under this grant agreement. 12.3 Publication or Printing of Reports-The subrecipient shall submit for review and approval one copy of any curricula,training materials, or any other written materials that will be published,including web- based materials and web site content,through funds from this grant at least thirty(30)days prior to the targeted dissemination date. The subrecipient understands and agrees that any training materials developed or delivered with grant funding must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees available at www.oip.usdoi.gov/funding/oiptrainingquidingphnciples.htm All materials publicizing or resulting from award activities shall contain the following statements identifying the federal award: "This project was supported by Award No. awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings,and conclusions or recommendations expressed in this publication/program/exhibition are those of the authors and do not necessarily reflect the views of the Department of Justice". 12.4 Patents-If any program produces patentable items, patent rights, processes, or inventions, in the course of work sponsored by the federal award or subaward funds, such facts must be promptly and fully reported to the awarding agency. 12.4.1 Unless there is a prior agreement between the subrecipient and the Department on disposition of such items,the Department may determine whether protection on the invention or discovery will be sought. 12.4.2 The Department will also determine how rights in the invention or discovery(including rights under any patents issued)will be allocated and administered in order to protect the public interest consistent with "Government Patent Policy"("President's Memorandum for Heads of Executive Departments and Agencies,"dated August 23, 1971,and statement of Government patent policy, as printed in 36 Federal Register 16839). 12.4.3 Government regulations have been issued in 37 C.F.R. §401 by the U.S. Department of Commerce. 13.0 Confidential Funds and Confidential Funds Certificate-A signed certification that the Project Director or Implementing Agency Chief Official has read, understands,and agrees to abide by all conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required for all projects that involve confidential funds. The signed certification must be submitted at the time of grant application.This certificate certifies the Project Director has read, understands, and agrees to abide by the provision in Section 3.12 of the Office of Justice Programs Financial Guide. This form must be submitted upon application if applicable. Confidential Funds certifications must be signed by the subrecipient or implementing agency Chief Official or an individual with formal,written signature authority for the Chief Official. 14.0 Task Force Training Requirement-The subrecipient 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 as other key issues including privacy and civil liberties/rights,task force performance measurement, personnel selection, and task force oversight and accountability. When FDLE awards funds to support a task force,the subrecipient must compile and maintain a task force personnel SFY2016 JAG Standard Conditions Page 15 of 20 Rev. 10/2015 *4W 41W funding(plus the quantity purchased of each item)to FDLE once items are procured during any periodic programmatic progress reports. 17.0 Drug Court Projects-A Drug Court Project must comply with§397.334, Fla. Stat., "Treatment-Based Drug Court Programs." SECTION VII: ADDITIONAL REQUIREMENTS 1.0 Ballistic Resistant and Stab Resistant Body Armor 1.1 Mandatory Wear Policy-Subrecipients that wish to purchase armor with JAG funds must certify that law enforcement agencies receiving vests have a written"mandatory wear"policy in effect.This policy must be in place for at least all uniformed officers before funding can be used by the agency for body armor. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. FAQs related to the mandatory wear policy and certifications can be found at www.boa.gov/Funding/JAGFAQ pd f. 1.2 BVP Program-JAG funds may be used to purchase armor for an agency, but may not be used as the 50%match for purposes of the Bulletproof Vest Partnership(BVP)program. 1.3 NIJ Compliance-Body armor purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer,as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List(http://nij.gov). In addition,body armor purchased must be American- made. The latest NIJ standard information can be found at:www.nii.gov/tol)ics/technology/bodv- armor/safety-initiative.htm. 2.0 Environmental Protection Agency's•(EPA)list of Violating Facilities -The subrecipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 3.0 National Environmental Policy Act(NEPA) 3.1 The subrecipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of subaward funds by the subrecipient. This applies to the following new activities whether or not they are being specifically funded with these subaward funds. That is, it applies as long as the activity is being conducted by the subrecipient or any third party and the activity needs to be undertaken in order to use these subaward funds.Accordingly,the subrecipient agrees to first determine if any of the following activities will be funded by the grant,prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant,the recipient agrees to contact FDLE OCJG. 3.1.1 New construction 3.1.2 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; 3.1.3 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 3.1.4 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. 3.1.5 Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure,or closure of clandestine methamphetamine laboratories. SFY2016 JAG Standard Conditions Page 17 of 20 Rev. 10/2015 low 400, 4.2.8 Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's 1)timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and 2) coordination with the responsible party, property owner,or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing federal and state requirements: and 4.2.9 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 law, at the site. This agreement must ensure immediate response by qualified personnel who can 1)respond to the potential health needs of any minor at the site;2)take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations;3)ensure immediate medical testing for methamphetamine toxicity; and 4)arrange for any fallow-up medical tests,examinations, or health care made necessary as a result of methamphetamine toxicity 5.0 National Historic Preservation Act—The Act will assist the Department(if necessary)in assuring compliance with section 106 of the National Historic Preservation Act of 1966(16 U.S.C. §470), Ex. Order 11593(identification and protection of historic properties),the Archeological and Historical Preservation Act of 1974(16 U.S.C. §469 a-1 et seq.),and the National Environmental Policy Act of 1969(42 U.S.C. §4321). 6.0 Human Research Subjects-Subrecipient agrees to comply with the requirements of 28 C.F.R. §46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval,if appropriate, and subject informed consent. 7.0 Global Standards Package-In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the recipient to comply with DOJ's Global Justice Information Sharing Initiative(DOJ's Global)guidelines and recommendations for this particular grant. Recipient shall conform to the Global Standards Package(GSP)and all constituent elements, where applicable, as described at: www.it.oip.4ov/gsa grantcondition. Recipient shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed justification for why an alternative approach is recommended. 8.0 Disclosures 8.1 Conflict of Interest-The subrecipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest,or personal gain.Subrecipients must disclose in writing any potential conflict of interest to FDLE(the non-federal pass-through entity). 8.2 Violations of Criminal Law-The subrecipient and implementing agency must disclose all violations of state or federal criminal law involving fraud, bribery or gratuity violations potentially affecting the sub award. 9.0 Uniform Relocation Assistance and Real Property Acquisitions Act-The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C.§4601 et seq.),which governs the treatment of persons displaced as a result of federal and federally- assisted programs. 10.0 Limitations on Government Employees Financed by Federal Assistance-The subrecipient 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. 11.0 Reporting Potential Fraud,Waste,Abuse,and Similar Misconduct-The subrecipient must promptly refer to DOJ Office of Inspector General(OIG)and the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal,employee, agent,contractor, subcontractor, or other person has either 1)submitted a claim for grant funds that violates the False Claims Act; or 2)committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity,or similar misconduct involving grant funds. SFY2016 JAG Standard Conditions Page 19 of 20 Rev. 10/2015 A plication for Funding AssistAce 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 Strlkeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: Typed Name and Title: Date: Subgrant Recipient Authorizing Official of Governmental Jn(t (Commission Chairman, Mayor, or Designated Representative) City of Winter Springs, Florida Typed Name of Subgrant Recipient: Mayor Charles Lacey Signature: _ Typed Name and Title: Charles L Mayor Date: January 11,2016 Implementing Agency Official,Administrator or Designated Representative City of Winter Springs, Florida Typed Name of Im ementin Age y: winter Springs Police Department Signature: Typed Name and Title: Kevin P. Brunelle,Chief of Police Date: January 11,2016 Application Ref# 2016-JAGD-1763 Section#6 Page 1 of 1 Contract -JAGD-SEMI--- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) AVplication for Funding AssiAnce Florida Department of Law Enforcement Justice Assistance Grant- Direct i 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: f 1 Typed Name and Title: -t.Herring,Bureau Chief Date: / f(O Subgrant Recipient Authorizing Official of Governmental Uglt , (Commission Chairman,Mayor, or Designated Raor�sentat e) City of Winter Springs, Florida Typed Name of Subgrant cipient: Mayor Charles Lacey Signature: Typed Name and Title: Charles Lace Zyor Date: January 11,2016 Implementing Agency Official,Administrator or Designated Representative City of Winter Springs, Florida Typed Name of Im I menting A e Winter Springs Police Department Signature: Typed Name and Title: Kevin P. Brunelle, Chief of Police Date: January 11,2016 Application Ref# 2016-JAGD-1763 Section#6 Page 1 of 1 Contract -JAGD-SEMI--- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Afilication for Funding AssisfAce Florida Department of Law Enforcement Justice Assistance Grant- Direct -.�:Jr.l '�I. � of - L ► � j�i�,!A J5; Insert Certifications and Authorizations here. Application Ref# 2016-JAGD-1763 Section#7 Page 1 of 1 Contract 2016-JAGD-SEMI-2-H4-112 Rule Reference I ID-9.006 OCJG-005(rev.April 2005) 1"' •nI CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements Please read carcjdly the Instructions (see below)and then complete Section A or Section B or Section C,not all three.If recipient com letes Section A or C and sub-grants a single award over$500,000, in addition,please complete Section D. Recipient's Name: City of Winter Springs Address: 1126 East State 434, Winter Springs, FL 32708 Is agency a; o Direct or 114 Sub recipient of OJP,OVW or COPS funding? I Law Enforcement Agency?9 Yes o No DUNS Number: 137047887 1 Vendor Number(only if direct recipient) Name and Title of Contact Person: Lieutenant Doug Seely Tele hone Number: (407)327-7977 E-Mail Address: DSeely @winterspringsfl.org Section A—Declaration Claiming Complete Exemption from the EEOP Requirement Please check all the following boxes that apply. c Less than fifty employees. ❑Indian Tribe o Medical Institution. ❑Nonprofit Organization o Educational Institution (Receiving a single award(s)less than$25,000. I, Charles Lacey , Mayor _ [responsible official], certify that The City of Winter Springs [recipient] is not required to prepare an EEOP for the reason(s) checked above,pursuant to 28 C.F.R§42.302. I further certify that The City of Winter Sings [recipient] will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the,delivery of services. If recipient sub-grants a single award over$500,000, in addition,please complete Section D. Charles Lacey, Mayor of City of Winter Springs 1/11/2016 Print or T e Name and Title Si na re Date Section B—Declaration Claiming Exemption from the EEOP SubmissiorrRequirement and Certifying That an EEOP Is on File for Review If a recipient agency has fifty 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 EEOP to the OCR for review as long as it certifeev the following(42 CFA§42.305):' I, [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 EEOP 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 EEOP is on file at the following office: [organization], [address]. Print or T e Name and Title Signature Date Section C—Declaration Stating that an EEOP Short Form 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 subaward,of$500,000 or more,then the recipient agency must send an EEOP Short Form to the OCR for review. 1, [responsible: official], 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. If recipient sub-grants a single award over$500,000,in addition,please complete Section D Print or Type Name and Title Signature Date Section D—Declaration Stating that Recipient Subawards a Single Award Over$500,000 If a recipient agency,suhawards a single award of$500,000 or more then the granting agency should provide a list;including,name, address and DUNS#of each such suh-recipient. Sub-Recipient Agency Name/Address Sub-Recipient DUNS Number If additional space in necessary,please duplicate this page. OMB Control No. 1121-0340 Expiation Date: 12/31/2015 r.r .WV INSTRUCTIONS Completing the Certification Form Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements The federal regulations implementing the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,as amended,require some recipients of financial assistance from the U.S. Department of Justice subject to the statute's administrative provisions to create,keep on file, submit to the Office for Civil Rights(OCR)at the Office of Justice Programs (OJP) for review,and implement an Equal Employment Opportunity Plan (EEOP). See 28 C.F.R.pt.42,subpt. E.All awards from the Office of Community Oriented Policing Services(COPS)are subject to the EEOP requirements; many awards from OJP,including awards from the Bureau of Justice Assistance(BJA),the Office of Juvenile Justice and Delinquency Prevention(OJJDP),and the Office for Victims of Crime(OVC)are subject to the EEOP requirements;and many awards from the Office on Violence Against Women(OVW)are also subject to the EEOP requirements. If you have any questions as to whether your award from the U.S.Department of Justice is subject to the Safe Streets Act's EEOP requirements,please consult your grant award document,your program manager,or the OCR. Recipients should complete either Section A or Section B or Section C,not all three. If recipient completes Section A or C and sub-grants a single award over$500,000,in addition,please complete Section D. Section A The regulations exempt some recipients from all of the EEOP requirements.Your organization may claim an exemption from all of the EEOP requirements if it meets any of the following criteria: it is a nonprofit organization,an educational institution,a medical institution,or an Indian tribe;or it received an award under$25,000; or it has less than fifty employees.To claim the complete exemption from the EEOP requirements,complete Section A. Section B Although the regulations require some recipients to create,maintain on file,and implement an EEOP,the regulations allow some recipients to forego submitting the EEOP to the OCR for review.Recipients that(1) are a unit of state or local government,an agency of state or local government,or a private business; and(2)have fifty or more employees;and(3) have received a single grant award of$25,000 or more,but less than$500,000,may claim the limited exemption from the submission requirement by completing Section B.In completing Section B,the recipient should note that the EEOP on file has been prepared within twenty-four months of the date of the most recent grant award. Section C Recipients that(1) are a unit of state or local government,an agency of state or local government,or a private business, and(2)have fifty or more employees, and(3)have received a single grant award of$500,000 or more,must prepare, maintain on file,submit to the OCR for review,and implement an EEOP. Recipients that have submitted an EEOP Utilization Report(or in the process of submitting one)to the OCR,should complete Section C. Section D Recipients that(1)receive a single award over$500,000; and(2)subaward a single award of$500,000 or more must provide a list; including,name,address and DUNS #of each such sub-recipient by completing Section D. Submission Process Recipients should download the online Certification Form,complete required sections,have the appropriate official sign it,electronically scan the signed document,and then send the signed document to the following e-mail address: E F0E11:orms<wusdo'i.gm% The document must have the following title:EEOP Certification. If you have questions about completing or submitting the Certification Form,please contact the Office for Civil Rights,Office of Justice Programs, 810 7th Street,NW,Washington,DC 20531 (Telephone: (202) 307-0690 and TTY: (202)307-2027). OMB Approval No.1121-0340 Expiration Date:12/31/15 1%V .., Public Reporting Burden Statement Paperwork Reduction Act Notice. Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a current valid OMB control number.We try to create forms and instructions that are accurate,can be easily understood,and which impose the least possible burden on you to provide us with information. The estimated minimum average time to complete and file this application is 20 minutes per form.If you have any comments regarding the accuracy of this estimate,or suggestions for making this form simpler,you can write to the Office of Justice Programs, 810 7th Street,N.W.,Washington,D.C.20531. 4ftw Qwp SOLE SOURCE JUSTIFICATION FOR SERVICES AND EQUIPMENT REQUEST FOR APPROVAL FORM Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program Name of Sub-award Recipient: Winter Springs Police Department Authorized Official for Sub-award Recipient or Implementing Agency Typed Name of Authorized Official: Lt. Doug Seely Typed Title: Lieutenant Signature: Telephone Number ( 4 ) 327-7977 Date: January 4, 2016 1. Briefly describe the proposed contractual services and/or equipment and how it relates to your program. 2. Explain your reasons for proposing to contract with, or purchase from, a non-competitive sole source. Address the expertise of the contractor, management, responsiveness, program knowledge and experience of contract personnel. Also provide the results of a market survey to determine competition availability or address why a market survey was not conducted. 3. Indicate the contract period and explain the potential impact on contract deliverables if due dates are not met. Relate this information to the approval period for your grant award. Estimate the time and cost to hire a competent replacement should the current contractor default. 4. Describe what is unique about the project and the proposed sole source contractor that would warrant a sole source contract. 5. Explain any other points you believe should be covered to support your request for a sole source contract. 6. Make a declaration that the action to be taken is in the "best interest' of the subaward recipient and the implementing agency. 7. Address the Conflict of Interest Review (i.e. proposed contractor is not excluded or debarred and was not involved in development of the procurement) NOTE: • If sole source procurement of contractual services and/or equipment is$150,000 or more, justification for sole source procurement must be submitted to the Department of Law Enforcement for approval. • All the foregoing components must be addressed. Start on the next page and use continuation pages as necessary. • If the sole source procurement is less than$150,000, the applicant should complete this form and maintain it in the program files available for monitoring and for audit. FDLE JAG Grant Application Package Sole Source Form Rule Reference 11D-9.006 Paps f oft OCJG-011(Rev.Oct.2015) low 14W SOLE SOURCE JUSTIFICATION FOR SERVICES AND EQUIPMENT REQUEST FOR APPROVAL FORM Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program 1) Briefly describe the proposed contractual services and/or equipment and how it relates to your program. The equipment is needed to comply with Florida State Statute 316.1975 to allow a Police Vehicle to remain running and unattended. 2) Explain your reasons for proposing to contract with, or purchase from, a non-competitive sole source.Address the expertise of the contractor, management, responsiveness, program knowledge and experience of contract personnel. Also provide the results of a market survey to determine competition availability or address why a market survey was not conducted. This purchase is a sole source product of this design. 3) Indicate the contract period and explain the potential impact on contract deliverables if due dates are not met. Relate this information to the approval period for your grant award. Estimate the time and cost to hire a competent replacement should the current contractor default. We have already purchased from this vendor and have not had any issues. 4) Describe what is unique about the project and the proposed sole source contractor that would warrant a sole source contract. The sole source contractor is the only one making the product of this design. 5) Explain any other points you believe should be covered to support your request for a sole source contract. N/A 6) Make a declaration that the action to be taken is in the"best interest" of the subaward recipient and the implementing agency. It is in the best interest of this all agencies involved to continue with exact same product that was purchased in the past and for this grant. It keeps the purchase, installation, and training at a minimum. It also keep the policy uniformity and tactics the same. 7) Address the Conflict of Interest Review(i.e. proposed contractor is not excluded or debarred and was not involved in development of the procurement) N/A FDLE JAG Grant Application Package Sole Source Form Rule Reference 11 D-9.008 Page 2 of 2 OCJG-011(Rev.Oct.2015)