HomeMy WebLinkAboutFlorida Department of Law Enforcement - Edward Byrne Memorial Grant - Taser Upgrade - 2015 11 10 FDLE
Florida Department of Business Suppoirt Rick Scott, Govevnsr
Law Emforcenoent Office of Cdminat Justice Grants Parn Bondi,Attorney General
Post Office Box 1489 Jeff Atwater, Chief Financial Officer
Richard 1. Swearingen TaAlahamaee, Fl-32302-1489 AdamPutnenm. Commissioner,of Agncuftoas
Commissioner (850)617-1250
vmmw�f�A�e���e�us
NOV � W ?O�� � � �
The Honorable Charles Lacey
Mayor
City ofWinter Springs
112OEast State Road 434
Winter Springs, FL 32708
Rn: Contract No. 2O18-JAGC-SEM|4-H3-010
Dear Mayor Lacey:
The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance
Grant (JAG) oubgrant to your unit of government in the amount of$ 14,085.00 for the project entitled, ELECTRONIC
CONTROL DEVICES(TASER) UPGRADE. This subawand is approved under Florida's state JAG award 2015-MU-
BX-1066 from the Department of Justice. These funds shall be utilized for the purpose of reducing crime and
improving public safety and the criminal justice system.
Enclosed is a copy of the approved subaward application with the referenced contract number and standard
conditions. This subaward is subject to all administrative and financial requirements, including timely submission of all
financial and performance reports and compliance with all standard conditions.
Information from subawards and performance reports are provided to the Department of Justice (DOJ) Performance
Measurement Tool (PMT) and Federal Funding Accountability and Transparency Act(FFATA)tomeet federal
transparency requirements. Contract and grant information iualso provided tothe State nfFlorida, Department of
Financial Services (DFS)vie the Florida Accountability Contract Tracking System (FACTS). This grant agreement and
all correlating information including general contract, porfurmonma, amend mont/nodifioadoninformation and ocopy of
the grant document is provided to FACTS to meet requirements under Chapter 2013-54 and 2013-154 Laws of
Florida. If this agreement contains confidential or exempt information not subject to disclosure under Chapter 119,
F.S., please contact the Office of Criminal Justice Grants (OCJG)for guidance on how to request exemption.
Please complete and return the enclosed Certificate of Acceptance and Certification of Conflict of Interest forms
within 30 calendar days from the date of award. Completion of the Certificate of Acceptance constitutes official
acceptance of the subaward and must be received by the Department prior to reimbursement of any project
expenditures.
Some costs require prior written approval from OCJG and DOJ before beginning project activities. |fyour oubawand
contains any such items or those listed on the Bureau of Justice Assistance (BJA) Controlled Expenditures List, a
grant adjustment and written request with justification will berequired. Acorrelating special condition onyour
subgrant award in the Subgrant Information Management ON-Line (SIMON) system may also be included.
We look forward to working with you on this project. Please contact Senior Management Analyst Supervisor Randall
Smyth at(850)617-1250 if you have any questions or we can be of further assistance.
Sincerely,
PethnaTuttle Herring
Bureau Chief
PTH/ar
Enclosures
�
State mfFlorida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
CERTIFICATE OFACCEPTANCE OF SUBGRANTAVVARD
The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award
number 2O10JAGC'SEk4|-4-H3-01O. inthe amount of$ 14.O85.00.for aproject entitled, ELECTRONIC CONTROL
DEVICES(TAGER) UPGRADE, for the period of1O01/2O15 through O8/302O16.tubeimplemented inaccordance
with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard
Conditions and any special conditions governing this aubgrmnL
This subaward requires that no recipient or subrecipient, or entity that receives a contract or subcontract with any
funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or
statement that prohibits or otherwise restricts, or purports to restrict,the reporting of waste, fraud or abuse in
accordance with the law to a department or agency authorized to receive such information. This ianot intended to
contravene requirements applicable to classified, sensitive or exempt information.
In accepting this award, the subgrantee certifies that it neither requires nor has required employees or contractors to
sign such internal confidentiality agreements orstatements.
(Signature ofSubgmntee'oAuthorized Official)
(Print Name and Title ofOfficial)
(Name nfSubgrantee)
(Date ofAcceptance)
Rule Reference 11D-9.O0OOCJ6-01z(rev. June 2O12)
�
State of Florida
Office ofCriminal Justice Grants
Florida Department ofLaw Enforcement
2331Phillips Road
Tallahassee, Florida 32308
CERTIFICATION OFCONFLICT OF INTEREST
Subgrantee: City ofWinter Springs
Award Number: 2O16-JAGC-SEK4|-4-H3'O1S
Decisions related to use of these grant funds must be free of undisclosed personal or organizational conflicts of
intmneo(, both infact and in appearance.
The subgrantee, through its authorized representative, certifies the unit of government above is compliant with OMB
Uniform Grant Guidance(2 CFR Part 200), Section 200.112 and OJP Financial Guide, Section 3.20 regarding Conflict
ofInterest and will notify FDLE Office of Criminal Justice Gmn<o, in wrhing, of any potential conflict ofinterest in
accordance with this agreement.
The recipient also agrees to disclose in a timely manner, in writing, all violations of state or federal criminal law
involving fraud, bribery orgratuity violations potentially affecting this aubammnd.
(Signature ofSubgranteooAuthorized Official)
(Print Name and Title ufOfficial)
(Date)
GU0GRANTAWARD CERTIFICATE
Subgrantee: City ofWinter Springs
Date of Award:
Grant Period: From: 1001/2015 TO: 09/302010
Project Title: ELECTRONIC CONTROL DEVICES(T7\SER) UPGRADE
Grant Number: 2018-JACC-SEK8|4-H3-016
Federal Funds: $ 14.885.D0
State Agency Match:
Local Agency Match: $O.00
Total Project Cost: $ 14.085.00
CFDA Number: 16.738
Award iahereby made inthe amount and for the period shown above ofmaubgrentunder Part EnfTitle | ofthe
Omnibus Crime Control and Safe Streets Act of1AG8aaamended Subpart 1 ofsuch part(42U.S.C. 3751-375Q); the
Consolidated Appropriations Act, 2008, Public Law 110-161; and Public Law 109-162, Title XI, Department of Justice
Reauthorization, Subtitle B, Improving the Department of Justice's Grant Programs, Chapter 1,Assisting Law
Enforcement and Criminal Justice Agencies, Section 1111. Merger of Byrne Grant Program and Local Law
Enforcement Block Grant Program, to the above mentioned subgrantee and subject to any attached or special
conditions.
This award is subject to all applicable rules, regulations, and conditions as contained in the Office of Justice Programs
(OJP) Financial Guid*, Common Rule for State and Local Governments, or OMB Uniform Grant Guidance (2 CFR
Part 20O). in their entirety. It iaalso subject tothe attached standard conditions and such further rules, regulations and
policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and
authorization ofPl. 8O-351. onamended, and P1. 1UO'60O.
This award is a cost-reimbursement agreement for satisfactory performance of eligible activities. Requests for
reimbursement may be submitted quarterly or monthly as designated in the Financial Section of the agreement.
Requests for reimbursement will be processed in conjunction with receipt and review of programmatic performance
reports to determine successful completion of minimum performance for deliverables. Expenditures must be
supported with documentation and verified during annual monitoring. Failure to comply with provisions of this
agreement, or failure to meet minimum performance specified in the agreement will result in required corrective action
up to and including project costs being disallowed,withholding of federal funds and/or termination of the project, as
specified within the terms of the agreement and OMB Uniform Guidance 200.338-200.342.
This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date
of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department.
Authorized Official
Petrina Tuttle Herring
Bureau Chief
/
Date
( ) This award iasubject tospecial conditions (attoohed).
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Subgrant Recipient
Organization Name: City of Winter Springs
County: Seminole
Chief Official
Name: Charles Lacey
Title: Mayor
Address: 1126 East State Road 434
City: Winter Springs
State: FL Zip: 32708
Phone: 407-327-5956 Ext:
Fax:
Email: clacey@winterspringsfl.org
Chief Financial Officer
Name: Shawn Boyle
Title: Finance and Administrative Services Director
Address: 1126 East State Road 434
City: Winter Springs
State: FL Zip: 32708
Phone: 407-327-5960 Ext:
Fax:
Email: sboyle@winterspringsfl.org
Application Ref# 2016-JAGC-2729 Section#1 Page 1 of 2
Contract 2016-JAGC-SEMI-4-H3-016
Rule Reference 11 D-9.006 OCJG-005(rev.October 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Implementing Agency
Organization Name: Winter Springs Police Department
County: Seminole
Chief Official
Name: Kevin Brunelle
Title: Chief
Address: 300 North Moss Road
City: Winter Springs
State: FL Zip: 32708-2510
Phone: 407-327-1000 Ext: 400
Fax:
Email: kbrunelle@winterspringsfl.org
Project Director
Name: Nicholas Romano
Title: Lieutenant
Address: 300 North Moss Road
City: Winter Springs
State: FL Zip: 32708-2510
Phone: 407-327-7998 Ext:
Fax:
Email: nromano@winterspringsfl.org
Application Ref# 2016-JAGC-2729 Section#1 Page 2 of 2
Contract 2016-JAGC-SEMI-4-H3-016
Rule Reference 11 D-9.006 OCJG-005(rev.October 2005)
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Florida Department of Law Enforcement
Justice Assistance Grant- County-wide
41
44
LIU
General Project
Project Title: ELECTRDN|C CONTROL DEV|CES(TASER) UPGRADE
Subgnant Recipient: City ofWinter Springs
Implementing Agency: Winter Springs Police Department
Project Start Date: 10/1/2015 End Date: 8/30/2016
Problem Identification
Over the last 10 years, Luvv Enforcement has seen o dramatic increase in technology based
applications used to improve upon an organizations ability to protect those within their
communities they serve. These advancements have come inmany forms, especially with
improvements inless lethal applications. Electronic Control Devices Uesars\ have played an
integral part in many ofthese agencies efforts to protect not only their officers but those they
encounter oswell. With the implementation ofthese EMS, officers now have another tool on
their tool belt to subdue, control, and or even protect subjects they may encounter.
Currently, the Winter Springs Police Department presently equips each of our patrol officers with
electronic control devices, These ECO'S, (tasero)are at the end nftheir warranty and weare no
longer able to repair and or purchase this model (tasers)for they have been phased out by the
manufacture. These ECD's are extremely important to our organization for they provide our
officers with another tool to combat aggressive combatants while also providing additional
protection for themselves. Duo to the limited budget, we are unable to equip our officers with the
newest technology before the manufactures warranty expires.
Project Summary (Scope of Work)
If approved, the Winter Springs Police Department would utilize these grant funds to purchase
new Electronic Control Devices (toaers), ho|stera, and all applicable accessories such as
bmtteriea, cartridQes, and training cartridges for 8 ECD systems. These devices would
immediately be issued out to our officers as a means to de-escalate dangerous situations and
reduce injuries toall parties involved. This less lethal option has been proven tobeeffective and
continues to be a necessary tool in our agencies efforts to protect the community we serve.
In addition, the upgrade tothese ECO'S will allow officers the ability toengage subjects from safe
distances while utilizing the least amount of force. The affects of an ECD although intense, stop
immediately when the ECD is not in use. This allows the subject to comply with the officers
orders without permanent paralysis and orinjury. Thnughthepeycho|ogioa| affectatheaeECO?m
have on subjects provide our officers with an overwhelming advantage when dealing with
someone who ultimately does not want to comply with officers lawful orders.
Each officer that is issued an ECD is required to complete annual training with the device to
demonstrate proficiency with the weapon system. These officers will also beprovided with legal
updates pertaining to ECD'S as well as reviewing our agencies policy outlining the deployment of
ECD?a. Due to budget oonstnaints, this transition to the newer technology will be a two year
process. If approved,the addition of these 8 new ECD systems will allow our organization to
maintain an operation readiness and provide our
Application Ref 2016-JAGC-2729 Section#2 Page I of 3
Contract 2D10-JAGC-SEK4|-4-H3-
nu|eReference 110-s.onoocJo-non(mv,October 2ous)
�m���0~���*~���� �^�� ��������~���� Assistance
^ ` Application "~� " ~°" ~° °_�° ~===
Florida Department of Law Enforcement
Justice Assistance Grant- County-wide
officers with the most current technology available tn protect all parties involved,
If this grant is approved, the Winter Springs Police Department will provide copies of the invoice
and purchase order associated with the procurement of these ECD. Copies of packing slip will
also bemade available toshow delivery ofthis order.
Application Ref# 2016-JAGC-2729 Section#2 Page 2 of 3
Cnnhuo 2D16JA8C-SEM|4-H3-
eu|*Reference 110-ann6ncua'oos(mv.October 2cmo)
. ^
Application for Funding Assistance
Florida Department 0fLaw Enforcement
Justice Assistance G[ort ' County-wide
Section Questions:
Question: What percentage ofthe total cost ofthis project iebeingfundedbyoourceacdhnrthon
this award?
Answer: O
Question: What is the name of the jurisdiction(s) your agency provides service to. (e.g., City of
Miami, Orange County, State ofHorida)
Answer: City ofWinter Springs, Seminole County, FL
Question: What is the combined population of the jurisdiction(s)your agency provides services
to (according tothe most recent oensus)?
Answer: 33282
Question: What is the address of the location being used to provide services for this project?
Answer: 3OONMoss Road Winter Springs, FL327O8
Question: Describe your agency. (m.g.. non-pnoht' community based, government)
Answer: Govern ment-Local Law Enforcement Agency
Question: Have you verified that the subgrantee has an active and current registration in
SAK4.gov?
Answer: Yes
Question: What isthe Operating Capital Outlay threshold used hythe subgrantee?
If the implementing agency is a sheriffs office, indicate the sheriffs office's threshold
instead.
Answer: 1000
Question: Does the subgrantee receive a single grant in the amount of$750,000 or more from
the U.S. Department ofJustice?
Answer: No
Question: Does the implementing agency receive a single grant in the amount of$750,000 or
more from the U.S. Department ofJustice?
Answer: No
Question: In your organization's preceding completed fiscal year, did your organization (the
subgrantee) receive at least (a) 80 percent or(b)$25,000,000 of your annual gross
revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or
cooperative agreements?
Answer: No
Question: If you answered yes above, does the public have access to information about the
compensation of the executives in your organization (the subgrantee)through
periodic reports filed under section 13(a) or 15(d)of the Securities Exchange Act of
1S34 (15U.S.C. 78m/o\. 78o(d)\orsection M1O4ofthe Internal Revenue Code of
108G? |fanswer tuPart 1. above, was "no." answer NA\.
Answer: No
Application Ref# 2016-JAGC-2729 Section#2 Page 3 of 3
Contract 2016-JAGC-SEM|-4-H3-018
Rule Reference 11o'y.00uooJa'nus(ray.October uoos)
Application 6 Assistance
Florida Department of Law Enforcement
Justice Assistance Grant- County-wide
<r�)it1�
i-�j � �x�iunM,,;/ 1� 1� ,y.(JnvVy�i/ �+'�lcH'P� a'f�iY,r�F;. kf�r� �r�/b�r''^ ��i�'�'l�il ry�"✓/I kf Y,A�;k'of,7 'n ��'
General Performance Info:
Performance Reporting Frequency: Quarterly
Federal Purpose Area: 01 - Law Enforcement(Includes Task Forces)
State Purpose Area: 1G - General Questions
--_ --
Objectives and Measures ----_ __—
Objective: General Questions - General Questions for All Recipients
Measure: General 01
Will your organization be using the crimesolutions.gov website during the grant
period regardless of JAG funding? Crimesolutions.gov provides information on
several crime reduction and prevention programs and practices.
Goal: No
Measure: General 02
Will your organization be using the The National Training and Technical Assistance
Center(NTTAC) during the grant period, regardless of JAG funding? The NTTAC
serves as BJA°s training and technical assistance center. You can find resources,
tools, webinars, and TTA support on a variety of criminal justice issues and
initiatives.
Goal: No
Measure: General 03
Will your organization be using the NCJP.org website during the grant period,
regardless of JAG funding? NCJP.org contains resources to support strategic
planning, program development, and implementation of evidence-based policy and
practice.
Goal: No
Measure: General 04
Will your organization be using the Evidence-Based Policing Matrix during the grant
period regardless of JAG funding? The Evidence-Based Policing Matrix provides
information on evidence-based practices for law enforcement.
Goal: No
Measure: General 05
Will your organization be using the What Works in Reentry Clearinghouse during the
grant period regardless of JAG funding? The clearinghouse provides research on the
effectiveness of reentry programs and practices.
Goal: No
Measure: General 06
Application Ref# 2016-JAGC-2729 —� _ Section#3 Page 1 of 3
Contract 2016-JAGC-SEMI-4-H3-
Rule Reference 11 D-9.006 OCJG-ods(rev.October 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant- County-wide
a;��kl/x
''
aii'!� iarrr�n7�efxyP �ff"a+"x ', .�liiM,"x�lY .ra��5r �W3fl� a�w'%^.,vl ��,H '�a, fl i,.f'x;�/ fffa�r�"ti.x/ri .rrxl ,Jx4�r, vp�adi�ti'J��41; im:.`�%r�,rry,'Mxn.}ik �;
Will your organization be using Research to Practice during the grant period
regardless of JAG funding? Research to Practice promotes the dissemination of
research on drug courts to practitioners and policyrnakers.
Goal: No
Measure: General 07
Will your organization be using any other resources during the grant period
regardless of JAG funding? If yes, please describe them.
Goal: None
Measure: General 08
During the grant period, will your agency conduct or sponsor(with or without JAG
funds)a survey or focus group of citizens on any of the following topics? Enter all
that apply from the following list: Public satisfaction with police services; public
satisfaction with prosecution services; public satisfaction with public
defender/indigent defense services; public satisfaction with courts; public perceptions
of crime/disorder problems; personal crime experiences of citizens; none of the
above; unsure/don't know.
Goal: No
Measure: General 09
During the grant period, which of the following community activities will your
organization be involved in, with or without JAG funds and how often will they each
occur (yearly, monthly, etc.)? Choose from the following list: Hosting community
meetings; attending community meetings; distributing a newsletter, e-mail, or other
bulletin; attending community events; conducting social media activities; conducting
outreach to minority populations; other(please describe)
Goal: Hosting community meetings; attending community meetings; distributing a
newsletter, e-mail, or other bulletin; attending community events.
Measure: General 10
Law Enforcement Agencies ONLY: In which of the following ways has your agency
fostered community involvement in the last year? Enter all that apply from the
following list: Citizen Review Board or other review board with citizen representation,
Citizen's Police Academy, Internships for university or high school students,
Volunteer Program, Auxiliary police officer program, Police Cadet Program, k-12
school programs, Youth Athletic Programs, Other(please Describe), None of the
above, Unsure/Don't know.
Goal: Citizen's Police Academy, Internships for university or high school students,
Volunteer Program, Auxiliary police officer program, Police Cadet Program, k-12
school programs, Youth Athletic Programs.
Measure: General 11
Identify the goal(s)you hope to achieve with your funding. If you have
Application Ref# 2016-JAGC-2729 Section#3 Page 2 of 3
Contract 2016-JAGC-SEMI-4-H3-
Rule Reference 11 D-9.006 OCJG-005(rev.October 2005)
Aa���H^��t~K��� �«�� ��U�8�*�~���� Assistance
Application - Funding - --- - —�
Florida Department Of Law Enforcement
Justice AsSiSt@MC0 Grant - County-wide
multiple goo|s, describe each goal separately.
Goal: Purchase the newest technology Toeerfor our Patrol Officers
Measure: General 12
Are the subrecipient and implementing agency aware that they will be required to
report on the status of the identified goals during each reporting period?
Goal: Yes
Measure: General 13
Describe any barriers you may encounter which may prevent you from achieving
your identified gno|(s).
Goal: None
Measure: General 14
Are you aware that the Office ofCriminal Justice Grants enuaurogeuredpient to
report on any noteworthy accomplishments, success stnhes, or program results that
they would like to showcase?
Goal: Yee
State Purpose Area: 3E - Equipment. Supplies, and Technology Enhancements
Objectives and Measures
Objective: Equipment Questions for all recipients purchasing Equipment. Supplies, and
Technology Enhancements.
Measure: Equipment 1
Do the Subrenipientand Implementing agencies understand that they will be required
to submit an itemized account of all items purchased during each reporting period as
part oftheir performance reporting?
Goal: yen
Contract 201S-JAG[-SEM|4-H3-
nv|oReference 11n9oneocJe'oos(ns.October 2oos)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Financial Info:
Note: All financial remittances will be sent to the Chief Financial Officer
of the Subgrantee Organization.
Financial Reporting Frequency for this Subgrant: Quarterly
Is the subgrantee a state agency?: No
FLAIR/Vendor Number: 591026364
Budget:
Budget Category Federal Match Total
Salaries and Benefits MOO $0.00 $0.00
Contractual Services $0.00 $0.00 $0.00
Expenses $4,815.45 $0.00 $4,815.45
Operating Capital $9,269.55 MOO $9,269.55
Outlay
Indirect Costs $0.00 $0.00 $0.00
Totals -- $14,085.00 $0.00 $114,085.00
Percentage 100.0 0.0 100.0
Project Generated Income:
Will the project earn project generated income (PGI) ? No
Application Ref# 2016-JAGC-2729 Section #4 Page 1 of-3
-
Contract 2016-JAGC-SEMI-4-H3-
Rule Reference 11 D-9,006 OCJG-005(rev.October 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant- County-wide
1:"vil AM"i
Budget Narrative:
Expenses
(9) Batteries-$54.50 each ($490.50)
(9) Holsters-$65.85 each ($592.65)
(53) Cartridges-$31,50 each ($1669.50)
(38)Training Cartridges- $30.60 each ($1162.80)
(9) Taser Warranties Pro Rated $6.63 each per/month for 12 months ($716.04)
Shipping and handling- ($183.96)
Capital Budget Outlay:
(9) Taser-$1029.95 each ($9269.55)
Expenses Total: $14,085.00
The City of Winter Springs will be responsible for any overages.
Application Ref# 2016-JAGC-2729 Section#4 Page 2 of 3
Contract 2016-JAGC-SEMI-4-H3-
RWe Reference 11 D-9.006 OCJG-005(rev.October 2005)
���U^���~��� ��� ����~�� ���~�t�nce
' . �~�.�""~��~« °~� Funding~° °��=« =^
Florida Department nfLaw Enforcement
Justice /\SsiSt8OCe Grant - County-wide
Section Questions:
Question: If the budget contains salaries and benefits, will this project result in a net personnel
increase, or continue to fund a prior federally grant funded net personnel increase?
Answer: No
Question: If Expenses or Operating Capital Outlay are included in your budget, what will be the
method ofprocurement for those items? (n.g., competitive bid, sole source, state henn
contract)
Answer: Sole Source
Question: |findirect cost is inc|uded, explain the indirect cost plan. Provide documentation of
approval.
Answer: N/A
Question: If contractual services in the budget are based on unit conts, provide u definition and
breakdown of cost for each service. Include the methodology for the unit cost plan
and when itwas approved,
Answer: N64
Application Ref# 2016-JAGC-2729 Section#4 Page 3 of 3
Contract 2O1G'JAG[-SEK8{4-H3-
*uleReference 11o'Mueocue'ons(rev.October cous)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
56466 h'& Standard) Corydtions
Insert Standard Conditions Page here.
Application Ref# 2016-JAGC-2729 Section#5 Page 1 of 1
Contract 2016-JAGC-SEMI-4-N3-016
Rule Reference 11 D-9.006 OCJG-005(rev.October 2005)
' .
Edward Byrne Memorial Justice Assistance Grant ) Program
STANDARD CONDITIONS
The State ofFlorida, Department nfLaw Enforcement(FDLE) ismrecipient offederal JAG funds. FDLE, as the non-
federal pass-through entity and State Administering Agency(SAA)for this program, subawards JAG funds to eligible
units ofgovernment. All subawards made by FDLE to units of government under this program require compliance
with the agreement and Standard Conditions upon signed acceptance of the subaward.
Upon approval of the application, or subaward, the following terms and conditions will become binding. Auaunit of
government, the subrecipient will maintain required state and federal registrations and certifications for eligibility
under this program. For JAG-Countywide subawards,the designated County Coordinator for local units of
government will submit documentation in accordance with Florida Administrative Code 11 D-9 supporting the strategic
planning for allocation ofthese funds. The subrecipient agrees to submit required programmatic and financial reports
supporting eligible activities were completed in accordance with the grant and program requirements.
The Department will only reimburse oubredpientofor authorized activities. The Department will not reimburse for
costs incurred for any purpose other than those specified inthe agreement, Failure tocomply with provisions ofthis
agreement, orfailure toperform grant activities as specified in the agreement, will result in required corrective action
up0oand including financial consequences. Afinancial consequence may beimposed for non-compliance in
accordance with 2C.F.R. §200 and these Standard Condidonn, including but not limited to project costs being
disallowed, withholding of federal funds and/or termination of the project.
GENERAL REQUIREMENTS
All subrecipients must comply with requirements set forth in the current edition of the U.S. Department of
Justice, Office of Justice Programs (OJP) Financial Guide(Financial Guide),
hftp:Vojp.0oWDnonuia|gu|de/DOJ/pdha/2O15_DDJ_Financio|Guide.pdf, the Edward Byrne Memorial Justice
Assistance Grant(JAG) program guidance,federal statutes, pegu|atione, policies, guidelines and
requirements and Florida laws and regulations including but not limited to:
Florida Administrative Code,Chapter 11 D-9, "Edward Byrne Memorial State and Local Law Enforcement
Assistance Formula Grant Ppmgram":
Office ofManagement and Budget(O0YB) Uniform Grant Guidance(2C.F.R.§208)Subpart ADefinitions,
Subparts B-D Administrative Requirements,Subpart E Cost Principles, Subpart FAudit Requirements and all
applicable Appendices.This guidance supersedes previous OMB Circulars and Standard Conditions and is
applicable to any new subawards made under Federal grants awarded on or after December 26, 2014.
Code ofFederal Regulations:
2C.F.R. § 175.15(b). "Award Term for Trafficking in Persons"
28C.F.R. § 38. "Equal Treatment for Faith-Based Organizations"
28C.F.R. § 66, "U.S. Department of Justice Common Rule for State And Local Governments"(Common Rule)
28 C.F.R. § 83, "Govern me nt-Wide Requirements for Drug-Free Workplace(Grants)"
28C.F.R. §§ 18. 23. 23.3V. 35.4%.G1.and 83
Public Law
Pub. L. No. 1D9-iG2.Title XI—Department of Justice Reauthorization, Subtitle B—Improving the Department
of Justice's Grant Programs,Chapter 11—Assisting Law Enforcement and Criminal Justice Agencies, Sec.
1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program:
United States Code:
42 U.S.C. §§3711etoeq.. "Omnibus Crime Control and Safe Streets Act of19GD"
State of Florida General Records Schedule GS1-SL for State and Local Government Agencies:
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State ofFlorida Statutes
§215.971. "Agreements funded with federal orstate assistance"
8215.S85. "Transparency ingovernment spending"
DEFINITIONS
Disallowed costs means those charges to a Federal award that the Federal awarding agency or pass-through entity
determines to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and
conditions ofthe Federal award.
Equipment means tangible personal property(including information technology systems) having a useful life of more
than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level
established bythe non-Federal entity for financial statement purposes, or$5.0O0. See also§§20O.12. "Capital
auoets^; 20U2O. "Computing davicee^; 20O.4O. "General purpose*quipmen�� 2OO.5O. "Information technology
systems;2OO.88. "Special purpose equipment"; and 2DO.04.^Supp|ieo.^
Grant agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-
through entity and a non-Federal entity that, consistent with 31 U.G.C. §§8302.63O4. iaused toenter into a
relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-
through entity to the non-Federal entity to carry out a public purpose authorized by a law of the United States(see 31
U.S.C. §6101(3)); and not to acquire property or services for the Federal awarding agency or pass-through entity's
direct benefit or use; and is distinguished from a cooperative agreement in that it does not provide for substantial
involvement between the Federal awarding agency or pass-through entity and the non-Federal entity in carrying out
the activity contemplated by the Federal award.
Improper payment means any payment that should not have been made or that was made in an incorrect amount
(including overpayments and underpayments) under statutory, contractual, administrative,or other legally applicable
requirements and; Improper payment includes any payment to an ineligible party, any payment for an ineligible good
or service, any duplicate payment, any payment for a good or service not received (except for such payments where
authorized by law), any payment that does not account for credit for applicable discounts, and any payment where
insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper.
Micro-purchase means a purchase of supplies or services using simplified acquisition procedures, the aggregate
amount of which does not exceed the micro-purchase threshold. The non-Federal entity uses such procedures in
order to expedite the completion of its lowest-dollar small purchase transactions and minimize the associated
administrative burden and cost. The micro-purchase threshold is set by the Federal Acquisition Regulation at 48
C.F.R. Subpart 2.1.'`Definitiona^ |tio$3.0OOexcept aaotherwise discussed inSubpart 2.1 ofthat regulation, but this
threshold iaperiodically adjusted for inflation.
Modified Total Direct Cost(MTDC) means all direct salaries and wages, applicable fringe benefits, materials and
supplies, services,travel, and up to the first$25,000 of each subaward (regardless of the period of performance of
the subawards under the award). IVITDC excludes equipment, capital expenditures, charges for patient care, rental
costs,tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in
excess ofs25.O0O Other items may only be excluded when necessary to avoid a serious inequity in the distribution
of indirect costs, and with the approval of the cognizant agency for indirect costs.
Non-Federal entity is a state, local government, Indian tribe, institution of higher education(IHE), or nonprofit
organization that carries out aFederal award aoarecipient oroubeoipient.
Non-federal pass-through entity is a non-Federal entity that provides a subaward to a subrecipient to carry out part
of a Federal program-,the Florida Department of Law Enforcement(FDLE) is the non-federal pass-through entity for
this agreement, also referred tnauthe State Administering Agency(S/V\
Performance goal means a target level of performance expressed as a tangible, measurable objective, against
which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate. In
some instances (e.g., discretionary research awards),this may be limited to the requirement to submit technical
performance reports (to beevaluated inaccordance with agency pn|icy).
Period of performance means the time during which the non-Federal entity may incur new obligations to carry out
the work authorized under the Federal award.The Federal awarding agency or pass-through entity must include start
and end dates of the period of performance in the Federal award (see§§200.210 Information contained in a Federal
award paragraph (a)(5)and 20O331 Requirements for pass-through entities, paragraph (a)(1)(iv)).
'
Protected Personally Identifiable Information (PII)means an individual's first name or first initial and lastname in
combination with any one or more of types of information, including, but not limited to social security numbers;
passport numbers-, credit card numbers; clearances; bank numbers; biometrics; date and place of birth; mother's
maiden name; criminal, medical, and financial records; and educational transcripts.This does not include PH that is
required by law to be disclosed. (See also §200.79 Personally Identifiable Information (Pll)).
Questioned cost means a cost that is questioned by the auditor because of an audit finding 1)that resulted from a
violation or possible violation of a statute, regulation, or the terms and conditions of a Federal award, including for
funds used to match Federal funds; 2)where the costs, at the time of the audit, are not supported by adequate
documentation;or 3)where the costs incurred appear unreasonable and do not reflect the actions aprudent person
would take inthe circumstances.
Simplified acquisition threshold means the dollar amount below which a non-Federal entity may purchase property
orservices using small purchase methods. Non-Federal entities adopt small purchase procedures in order to
expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition
threshold iaset bythe Federal Acquisition Regulation at 48 C.F.R. Subpart 2.1 (Definitions)and in accordance with
41 U.S.C. § 1908.Aoofthe publication of this pad, the simplified acquisition threshold is$150,000, but this threshold
ieperiodically adjusted for inflation. (Also see definition of§2OO.07Micm-pumhooej
Subaward/Subgrant means an award provided by a pass-through entity to a subrecipient for the subrecipient to
carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or
payments to an individual that is a beneficiary of a Federal program.A subaward may be provided through any form
of legal agreement, including an agreement that the pass-through entity considers a contract.
Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a
Federal program-, but does not include an individual that is a beneficiary of such program.A subrecipient may also be
arecipient ofother Federal awards directly from aFederal awarding agency.
Supplies means all tangible personal property other than those described in 2 C.F,R� §200.33, "Equipment",A
computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the
non-Federal entity for financial statement purposes or$5,000, regardless of the length of its useful life. See also§§
2OO.20. "Computing devices"and 2UO33. ^Equipmeni^
SECTION 1: TERMS AND CONDITIONS
The oubneoipientagrees iobebound bythe following standard conditions:
1.0 Payment Contingent on Appropriation and Available Funds -The State of Florida's performance and
obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature.
Furthermore,the obligation of the State of Florida to reimburse subrecipients for incurred costs is subject to
available federal funds.
2.0 System for Award Management(SAM)-The subrecipient must maintain current information in SAM until it
submits the final financial report required under this award or receives the final payment,whichever is later.
This requires that the subrecipient review and update the information at least annually after the initial
registration, and more frequently if required by changes in its information or another award term.
IO Commencement ufProject If a project is not operational within 60 days of the original start date of the
award period,the subrecipient must report by letter to the Department the steps taken to initiate the project,
the reasons for delay, and the expected start date.
31 If a project is not operational within 90 days of the original start date of the award period, the
subrecipient must submit a second statement to the Department explaining the implementation delay.
3.2 Upon receipt of the ninety(90)day letter,the Department shall determine if the reason for delay is
justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subaward funds
toother Department approved projects. The Department,where warranted byextenuating
circumstances, may extend the starting date of the project past the ninety(90)day period, but only by
formal written adjustment 0othis agreement.
4.0 Supplanting-The subrecipient agrees that funds received under this award will not be used to supplant state
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or local funds, but will beused 0mincrease the amounts ofsuch funds that would, inthe absence nffederal
fundo, be made available for law enforcement activities.
5.0 Personnel Changes- Upon implementation of the pnojent, in the event there is a change in Chief Officials for
the Subrecipient or Implementing Agency or any contact information to include mailing address, phone
number, email or title change, project staff must notify the SIMON help desk to update the organizational
information inS|K8ON. Project director changes require agrant adjustment inS|MON.
6.0 Non-Procurement' Debarment and Suspension The nubmcipientagrees 0ocomply with Executive Order
1254O. Debarment and Suspension and 2C.F.R� § 18O. ^DK�BGuidelines ToAgencies 0nGovammmrtwide
DobunnentAndSuoponoion (Non-procunamen�^ These procedures require the oubrecipienttocertify that d
shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared
ineligible oriovoluntarily excluded from participating inthis covered tmnuaction, unless authorized by the
Department.
7.0 Federal Restrictions on Lobbying-Each subrecipient agrees to comply with 28 C.F.R. §6Q. "New
Restrictions on Lobbying"and shall file the most current edition of the Certification And Disclosure Form, if
applicable,with each submission that initiates consideration of such subrecipient for award of federal contract,
grant, orcooperative agreement.
8.0 State Restrictions onLobbying |naddition tuthe provisions contained above, the expenditure offunds for
the purpose of lobbying the legislature or a state agency is prohibited under this agreement.
9.0 Additional Restrictions on Lobbying The mubr*dpientunderstands and agrees that i1cannot use any
federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any
law, regulation or policy, at any level of government,without the express prior written approval of the Office of
Justice Programs.
10.0 "Pay—to—Stay" - Funds from this award may not be used to operate a"pay-to-stay" program in any local jail.
Furthonnnm, no funds may be given to local jails that operate"pay-to-stay"programs. "Local jail", as
referenced in this condition, means an adult facility or detention center owned and/or operated by city, county,
or municipality. |tdoes not include juvenile detention centers. ^Pay-to'stay^ programs aoreferenced inthis
condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise
available to the general inmate population, may be provided, based upon an offender's apparent ability to pay,
such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction.
11.0 The Coastal Barrier Resources Act-The subrecipient will comply and assure the compliance of all
contractors with the provisions of the Coastal Barrier Resources Act(Pub..L. No. 97-348)dated October 19,
1982 (10U.S.C. §§3501 et seq.)which prohibits the expenditure of most new federal funds within the units of
the Coastal Barrier Resources System.
12.0 Enhancement of Security |ffunds are used for enhancing security, the aubmoipientagrees to:
12.1 Have an adequate process to assess the impact of any enhancement of a school security measure that
is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken.
12.2 Conduct such an assessment with respect to each such enhancement; and submit to the Department
the aforementioned assessment inits Final Program Report.
13.0 Background Check Whenever a background screening for employment or a background security check is
required by law for employment, unless otherwise provided by law, the provisions of§435 Fla. Stat. shall
apply.
18.1 All positions in programs providing care tochildren,the developmentally disabled, n/vulnerable adults
for 15 hours or more per week; all permanent and temporary employee positions of the central abuse
hotline; and all persons working under contract who have access to abuse records are deemed to be
persons and positions of special trust or responsibility and require employment screening pursuant to§
435. Fla. Stai. using the level 2standards set forth inthat chapter.
13.2 All employees in positions designated by law as positions of trust or responsibility shall be required to
undergo security background investigations as a condition of employment and continued employment.
For the purposes of the subsection, security background investigations shall include, but not be limited
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to, employment history checks,fingerprinting for all purposes and checks in this subsection, statewide
criminal and juvenile record checks through the Florida Department of Law Enforcement, and federal
criminal record checks through the Federal Bureau of Investigation, and may include local criminal
record checks through local law enforcement agencies.
13.2.1 Any person who is required to undergo such a security background investigation and who
refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified
for employment insuch position or, ifemployed, shall bedismissed.
13.2.2 Such background investigations shall be conducted at the expense of the employing agency or
employee. When fingerprinting is required,the fingerprints of the employee or applicant for
employment shall be taken by the employing agency or by an authorized law enforcement
officer and submitted to the Department of Law Enforcement for processing and forwarding,
when requested by the employing agency, to the United States Department of Justice for
processing. The employing agency shall reimburse the Department ofLaw Enforcement for
any costs incurred byhinthe processing ofthe fingerprints.
14.0 Privacy Certification-The subrecipient agrees to comply with all confidentiality requirements of 42 U.S.C. §
378Qgand 28C.F.R. §22 that are applicable to collection, use, and revelation of data or information.
Subrecipient further agrees, as a condition of grant approval,to submit a Privacy Certificate that is in accord
with requirements of28C.F.R. §§22and, inparticular, section 22.23. Privacy Certification forms must be
signed by the subrecipient or implementing agency chief official or an individual with formal,written signature
authority for the chief official.
15.0 Conferences and Inspection of Work- Conferences may be held at the request of any party to this
agreement. At any time, a representative of the Department,of the U.S. Department of Justice, or the Auditor
General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work
performed under this agreement.
16.0 Insurance for Real Property and Equipment-The subrecipient must, at a minimum, provide the equivalent
insurance coverage for real property and equipment acquired or improved with Federal funds as provided to
property owned bythe non-Federal entity.
SECTION II: CIVIL RIGHTS REQUIREMENTS
1.0 Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national
origin, religion, sex, disability, or age in funded programs or activities. All subrecipients, implementing
agencies, and contractors must comply with any applicable statutorily-imposed nondiscrimination
requirements,which may include the Omnibus Crime Control and Safe Streets Act of1SO8(42U.S.C. §
3788d)�the Victims ofCrime Act(42 U.S.C. § 1O0U4(a));The Juvenile Justice and Delinquency Prevention Act
of2OO2 (42U.S.C. §5O72(b));the Civil Rights Act of10O4(42U.&C. §2UOOd); the Rehabilitation Act of1873
(29 U.S.C. §794);the Americans with Disabilities Act of1BSO(42U.S.C. § 1213l-34);dheEduomhon
Amendments of1S72 (ZOU.S.C. §§1881. 1O83. 1885-8O); the Age Discrimination Act of1975 (42U.8.C. §§
61O1'O7); and Department nfJustice Non-Discrimination Regulations 28C.F.R. @42; see Ex. Order 1327S
(equal protection ofthe laws for faith-based and community nrganizehons).
2.0 FIDLE does not discriminate on the basis of race,color, religion, national origin, sex, disability, or age in the
delivery ofservices orbenefits orinemployment. The subrecipientmust notify program participants and
beneficiaries that it does not discriminate on the basis ofrace, co|or, national origin, m|igion, sex, disability,
and age inthe delivery ofservices orbenefits orinemployment practices.
3.8 Subrecipients are responsible for ensuring that contractors and agencies to whom they pass through funds are
in compliance with all Civil Rights requirements and that those contractors and agencies are aware that they
may file a discrimination complaint with the subreopionL with FDLE, or with the Office for Civil Rights(OCR),
and how todnso.
4.0 Equal Employment Opportunity Plans
41 Aaubnauipientorimplementing agency must develop anEEO Plan ifithas 5Oormore employees and
has received any single award of$25,000 or more from the Department of Justice. The plan must be
prepared using the online short form at . must be
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retained by the subrecipient or implementing agency, and must be available for review or audit. The
organization must also submit anEEO Certification 1oFDLE.
4.2 If the subrecipient or implementing agency is required to prepare an EEO Plan and has received any
single award of$500,000 or more from the Department of Justice, it must submit its plan to the
Department ofJustice for approval. Acopy ofthe Department ofJustice approval letter must b*
submitted\oFDLE The approval letter expires two years from the date ofthe letter.
4.3 A subrecipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than
50 employees or if it does not receive any single award of$25,000 or more from the Department of
Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an
organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE.
44 The subrecipient and implementing agency acknowledge that failure to comply with EEO requirements
within 60 days of the project start date may result in suspension or termination of funding, until such
time ooitioincompliance.
5.0 |nthe event afederal nrstate court orfederal orntateodmininkohvea0annymakaoafindingofdioohminehon
after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a
recipient of funds,the recipient will forward a copy of the finding to FDLE and to the Office for Civil Rights,
Office ofJustice Programs.
6.0 In accordance with federal civil rights laws, the subrecipient shall not retaliate against individuals for taking
action orparticipating inaction|osecure rights protected bythese laws.
7.0 Subrecipients must include comprehensive Civil Rig hts/Nond iscri mi nation Provisions in all contracts funded by
the nubgmnt recipient.
8.0 If the subrecipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination
complaint,they may file a complaint with the subrecipient, with FDLE, or with the Office for Civil Rights.
Discrimination complaints may be submitted to FDLE at Office of the Inspector General, Post Office Box 1489,
TeUahaaoea, Florida 32302-1480. nronline a1 . Discrimination complaints may also be
submitted hnthe Office for Civil Rights, Office ufJustice Programs, U.S. Department ofJustice, 810 7 th Stx*e ,
Northwest,Washington, D.C.2O531. orbyphone sK(202)3O7'O8Q0.
9.0 The subrecipient must have procedures in place for responding to discrimination complaints that employees,
clients, customers, and program participants file directly with the subrecipient.
10.0 The subrecipient must have written policies or procedures in place for notifying program beneficiaries how to
file complaints alleging discrimination by the subrecipient/implementing agency with FDLE or the OCR.
11.0 Any discrimination complaints filed with FDLEwiU be reviewed by FDLE'o Inspector General and referred to
the Office for Civil Rights,the Florida Commission on Human Relations, or the Equal Employment Opportunity
Commission, based onthe nature ofthe complaint.
12.0 Americans with Disabilities Act Subpeoipientomust comply with the requirements ofthe Americans with
Disabilities Act(ADA) (Pub. L No. 101-336),which prohibits discrimination by public and private entities on the
basis of disability and requires certain accommodations be made with regard to employment(Title 1), state and
local government services and transportation (Title 11), public accommodations (Title 111), and
telecommunications (Title |\).
13.0 Rehabilitation Act ofiS73 (28C.FR.§42(3))' |fthe oubmrpien1has 5Dmvmore employees and receives
DOJ funding of$25,000 or more,the subrecipient must take the following actions:
13.1 Adopt grievance procedures that incorporate due process standards and provide for the prompt and
equitable resolution of complaints alleging a violation of the DOJ regulations implementing Section 504
ofthe Rehabilitation Act of1073.founda(2DC.F.R. y42(6).vvhiohpmhibitdisohminationonthobaoio
ufudisability inemployment practices and the delivery ofservices.
13.2 Designate a person 1ocoordinate compliance with the prohibitions against disability discrimination
contained in28Cf.R. §42(G).
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^
13.3 Notify participants, beneficiaries, employees, applicants, and others that the subrecipient/implementing
agency does not discriminate nnthe basis ofdisability.
14.0 Limited English Proficiency(LEP)- In accordance with Deportment of Justice Guidance pertaining to Title V|
o(the Civil Rights Act of1SO4(42U.S.C. §2OUOd). recipients offederal financial assistance must take
reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For
more information on the civil rights responsibilities that recipients have in providing language services to LEP
individua|a, please see the website at)6m����gov. FDLE strongly encourages uubgrant recipients to have a
written LEP Language Access Plan.
15.0 Title |Xofthe Education Amendments of1972(28C.F.R.§54)' |fthe subrecipientoperates aneducation
program oractivity, the subreoipientmust take the following actions:
151 Adopt grievance procedures that provide for the prompt and equitable resolution of complaints alleging
a violation of the DOJ regulations implementing Title IX of the Education Amendments of 1972, found at
28C.F.R. § b4. which prohibit discrimination onthe basis ofsex.
152 Designate a person to coordinate compliance with the prohibitions against sex discrimination contained
in28Cf.R. §54�
15.3 Notify applicants for admission and employment, employees, students, parents, and others that the
subrecipient/implementing agency does not discriminate on the basis of sex in its educational programs
or activities.
16.0 Equal Treatment for Faith Based Organizations -The subrecipient agrees to comply with the applicable
requirements of28Cf.R. § 38. theDopnhmen|ofJuutioamgu|ationgoveming^Equa|TeatmentforFmith
Based Organizations" (the"Equal Treatment Regu|mtion^) The Equal Treatment Regulation provides inpart
that Department of Justice grant awards of direct funding may not be used to fund any inherently religious
activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage
in inherently religious activities, but such activities must be separate in time or place from the Department of
Justice funded program, and participation in such activities by individuals receiving services from the recipient
orosuhreoip|entmust bevoluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the
provision ofservices unthe basis ofebeneficiary's religion. The uubmoipientalso understands and agrees
that award funds may not beused todiscriminate against ordenigrate the religious ormoral beliefs ofstudents
who participate in programs for which financial assistance is provided from the award, or the parent or legal
guardian of such students. Notwithstanding any other special condition of this award, faith-based organizations
may, insome circumstances, consider religion amabasis for employment. Gee
.
17.0 Immigration and Nationality Act- No public funds will intentionally be awarded to any contractor who
knowingly employs unauthorized alien workers,constituting a violation of the employment provisions contained
in8U,&C. § 1324o(e). Section 274A(e) ofthe Immigration and Nationality Act(^|NA"). The Department shall
consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA.
Such violation by the subrecipient of the employment provisions contained in Section 274A(e)of the INA shall
begrounds for unilateral cancellation ofthis contract bythe Department.
SECTION III: FINANCIAL REQUIREMENTS AND RESPONSIBILTY
1.0 Fiscal Control and Fund Accounting Procedures
1.1 All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial
Guide,the Common Rule, and OMB Uniform Grant Guidance (2 C.F.R§2OO) as applicable, in their
entirety.
1.2 Subrecipiantomust have written procedures for procurement transactions. Procedures must ensure
that all solicitations follow 2CfR, §20031QCompetition.
1.3 The subrecipient is required to establish and maintain adequate accounting systems and financial
records and to accurately account for funds awarded to them.As a subrecipient, you must have a
financial management system in place that is able to record and report on the receipt, obligation, and
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Rev. 102015
expenditure ofgrant funds.An adequate accounting system for eoubmdpiontmust beable to
accommodate afund and account structure toseparately track receipts, expenditures, assets, and
liabilities for awards, programs, and aubrodpiontn.
1.4 All funds spent on this project shall be disbursed according to provisions of the project budget as
approved bythe Department.
1.5 All funds not spent in accordance with this agreement shall be subject to repayment by the subrecipient.
SECTION IV: SUBAWARD MANAGEMENT AND REPORTING REQUIREMENTS
1.0 Obligation of Subrecipient Funds-Subaward funds shall not under any circumstances be obligated prior to
the effective date, or subsequent to the termination date, of the period of performance. Only project costs
incurred on or after the effective date, and on or prior to the termination date of the subrecipient's project are
eligible for reimbursement. All payments must be completed within thirty(30)days of the end of the subaward
period ofperformance.
3.0 Advance Funding-Advance funding may be provided to a subrecipient upon a written request to the
Department. The request must be electronically signed by the subrecipient or implementing agency's Chief
Financial Officer o/the Chief Financial Officer designee.
3.0 Trust Funds
3.1 The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund
may ormay not beaninterest bearing account.
3.2 The account may earn interest, but any earned interest must be used for program purposes and
expended before the federal grant period end date. Any unexpended interest remaining a|the end of
the federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the
Bureau ofJustice Assistance.
4.0 Performance
4.1 Subemmrd Performance The oubreo|pien1must comply with state and federal requirements for
xubuwmrdperformance under 2C.F.R. §§2OO7Gand 20O.77. The»ubawardshall describe the timing
and scope of expected performance as related to the outcomes intended to be achieved by the
program. Where appropriate,the oubavvard should provide specific performance goals, indica1nm,
milestones, or expected outcomes (such as outputs, or services performed or public impacts of any of
these)with an expected timeline for accomplishment. Submitted programmatic reports must clearly
articulate,where appropriate, performance during the execution of the award has met a standard
against which the subrecipient's performance can be measured.These requirements should be aligned
with agency strategic goals, strategic objectives, orperformance goals that are relevant 1othe program.
4.2 Performance of Agreement Provisions In the event of default-, non-compliance; or violation of any
provision of this agreement bythe oubreoipionL the oubrecipiont'oconsultants and oupp|iem, or both,
the Department shall impose sanctions it deems appropriate including withholding payments and
cancellation,termination,or suspension of the agreement in whole or in part. |nsuch event, the
Department shall notify the subrecipient of its decision thirty(30)days in advance of the effective date
nfsuch sanction. The subrecipient shall be paid only for those services satisfactorily performed prior to
the effective date ofsuch sanction.
5.0 Grant Adjustments-Subrecipients must submit a grant adjustment through SIMON for major substantive
changes such as: scope modifications orchanges 10 project activities,target populations, service providers,
implementation schedules, project director, designs or research plans set forth in the approved agreement,
and for any budget changes that affect a cost category that was not included in the original budget.
Adjustments are also required when there will be a transfer of 10% or more of the total budget between budget
categories, orthere ioanindirect cost rate category change.
5.1 Subrecipients may transfer up to 10% of the total budget between current, approved budget categories
without prior approval as long as the funds are transferred to an existing line item.
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5.2 Under nocircumstances can transfers offunds increase the total budgeted award.
5.3 Requests for changes to the subaward agreement must be electronically signed by the subrecipient or
implementing agency's chief official orthe chief official's designee.
5.4 All requests for changes must be submitted in SIMON no later than thirty(30)days prior to grant
expiration date.
6.0 Required Reports -All reports must relate financial data to performance accomplishments. Subrecipienta
must submit both reports onthe same reporting cycle.
6.1 Financial Expenditure Reports
6.1.2 The subrecipient shall have a choice of submitting either a Monthly or a Quarterly Project
Expenditure Report{othe Department. Project Expenditure Reports are due thirty(3O)days
after the end ofthe reporting period. |naddition, ifthe oubovvordperiod ieextended, additional
Project Expenditure Reports shall besubmitted.
6.1.3 All project expenditures for reimbursement of subrecipient costs shall be submitted on the
Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice
Grants(OCJG)through the SIMON (Subgrant Information Management Online).
G.1.4 All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-audit and
post-audit.
6J.5 Before the'fina|^ Project Expenditure Report will bmprocessed, the uubmoipierdmust submit
to the Department all outstanding project reports and must have satisfied all special conditions.
Failure to comply with the above provisions shall result in forfeiture of reimbursement.
6.1.6 Reports are 0obmsubmitted even when noreimbursement inbeing requested.
6.1.7 The report must be electronically signed by the subrecipient or implementing agency's Chief
Financial Officer orthe Chief Financial Officer's designee.
6.2 Project Performance Reports
6.21 Reporting Time Frames:The subrecipient shall submit Monthly or Quarterly Project
Performance Reports in SIMON, hereafter known as the Department,within fifteen (15) days
after the end ofthe reporting period. |naddition, ifthe sub award period ioextended beyond
the"original" project period, additional Quarterly Project Performance Reports shall be
submitted.
6.2.2 Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may
result in sanctions, as specified in Section IV 4.2, Performance of Agreement Provisions.
8.2.3 Report Contents: Performance Reports must include a response to all objectives included in
youroubawurd. A detailed response is required in the narrative portion for yes/no performance
objectives. The narrative must also reflect on accomplishments for the quarter and identify
problems with project implementation and address actions being taken to resolve the
problems. Additional information may be required if necessary to comply with federal reporting
requirements.
6.14 Submission: Performance Reports may be submitted by the Project Director,Application
Manager, orPerformance Contacts.
6.3 Project Generated Income(PGI) -All income generated as a direct result of a subgrant project shall
b*deemed program income. Program income must beaccounted for and reported inS|MONin
accordance with the OJP Financial Guide(Section 3.4)
6.3.1 Required Reports the mubneopientshall submit Quarterly PGI Earnings and Expenditures
Reports to the Department within thirty(30)days after the end of the reporting period covering
subaward project generated income and expenditures during the previous quarter. |fany PGI
SFY2016 JAG Standard Conditions Page 9 of 20
Rev. 102015
remains unspent after the subaward ends,the subrecipient must continue submitting quarterly
PGI reports until all funds are expended.
63.2 PGI Earnings and Expenditure reports must be electronically signed by the subrecipient or
implementing agency's Chief Financial Officer or the Chief Financial Officer's designee.
6.3.3 PG1 Expenditure-Program income should be used as earned and expended as soon as
possible and used 10further the objects inwhich the award was made. Any unexpended PG|
remaining at the end of the federal grant period must be submitted to OCJG for transmittal to
the Bureau ofJustice Assistance.
6.4 Other Reports -The subrecipient shall report to the Uniform Crime Report and other reports as may be
reasonably required bythe Department.
SECTION V: MONITORING AND AUDITS
1.0 Access to Records -The Florida Department of Law Enforcement,the Auditor General of the State of Florida,
the U.S. Department of Justice,the U.S. Comptroller General or any of their duly authorized representatives,
shall have access to books, documents, papers and records of the subrecipient, implementing agency and
contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule.
The Department reserves the right to unilaterally terminate this agreement if the subrecipient, implementing
agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials
subject tnprovisions of§ 11Q. Fla. Stat., unless specifically exempted and/or made confidential by operation of
§ 110. Fla. Stat., and made orreceived bythe oubneoipientorits contractor in conjunction with this agreement.
The subrecipient will give the awarding agency or the General Accounting Office, through any authorized
representative, access to and the right to examine all paper or electronic records related to the financial
assistance.
2.0 Monitoring The recipient agrees tncomply with FDLE'ugmnt monitoring guido|inmn, pmt000|a, and
procedures; and to cooperate with FIDLE on all grant monitoring requests, including requests related to desk
reviews, enhanced programmatic desk reviews, site visits, and/or Florida Department of Financial Services
contract reviews and Expanded Audits ofPayment(EAP) The recipient agrees toprovide FDLEall
documentation necessary to complete monitoring of the award and verify expenditures in accordance with §
215.971, Fla. Stat. Further,the recipient agrees to abide by reasonable deadlines set by FDLE for providing
requested documents. Failure to cooperate with grant monitoring activities may result in sanctions affecting the
recipient's award, ino|uding, but not limited to:withholding and/or other restrictions on the recipient's access io
funds, referral to the Office of the Inspector General for audit review, designation of the recipient as a FIDLE
High Risk grantee, ortermination ofawand(o).
3.0 Property Management-The subrecipient shall establish and administer a system to protect, preserve, use,
maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this
agreement according|ofederal property management standards set forth inthe Office ofJustice Programs
Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, or 2 C.F.R.§
20O. uoapplicable. This obligation continues aslong aothe uuhmoipinnt retains the property, notwithstanding
expiration ofthis agreement.
31 Property Use-The subrecipient must use equipment acquired under a Federal award for the
authorized purposes of the project during the period of performance, or until the property is no longer
needed. Subrecipients must use, manage, and dispose of equipment acquired under a Federal award in
accordance with§274. Fla. Stat. and 2Cf.R. §2OU.313. ^Equipmen�.
4.0 Subaward Closeout-A Financial Closeout Audit shall be submitted to the Department within forty-five (45)
days ofthe end date ofthe performance period.
4.1 The Financial Closeout Audit must be electronically signed by the subrecipient or implementing
agency's Chief Financial Officer or the Chief Financial Officer's designee.
.
5.0 High Risk Subreoiphent 'The aubn*dpien agrees tocomply with any additional requirements that may be
imposed during the grant performance period if FDLE's pre-award risk assessment or the U.S. Department of
Justice determines the nubmcipientivahigh-risk grantee. Cf.28Cf.R. §§86. 7O.
6.0 Reporting, Data Collection and Evaluation -The subrecipient agrees to comply with all reporting, data
collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program
guidance for the Justice Assistance Grant(JAG). Compliance with these requirements will bemonitored by
FDLE.
7.0 Retention ofRecords The subrecipient shall maintain all records and documents for a minimum of five(5)
years from the date of the final financial statement and be available for audit and public disclosure upon
request ofduly authorized persons. The aubreoipien/shall comply with State ofFlorida General Records
Schedule GS1-SL for State and Local Government Agencies:
8.0 Disputes and Appeals-The Department shall make its decision in writing when responding to any disputes,
disagreements, or questions of fact arising under this agreement and shall distribute its response to all
concerned parties. The subrecipient shall proceed diligently with the performance of this agreement according
tothe Department's decision. If the subrecipient appeals the Department's decision,the appeal also shall be
made in writing within twenty-one (21)calendar days to the Department's clerk(agency clerk). The
subrecipient's right to appeal the Department's decision is contained in§ 120, Fla. Stat., and in procedures set
forth in Rule 28-106.104. Florida Administrative Code. Failure to appeal within this time frame constitutes a
waiver ofproceedings under§ 120. Fla. Stat.
9.0 Single Annual Audit
91 Subrecipients that expend$750,000 or more in a year in federal awards shall have a single audit or
program-specific audit conducted for that year. The audit shall beperformed inaccordance with 2
Cf.R. §200(F)Audit Requirements and other applicable federal law. The contract for this agreement
shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract
shall be identified as federal funds passed through the Florida Department of Law Enforcement and
include the contract number, CFDA number, award amount, contract period, funds received, and funds
disbursed, When applicable, the subrecipient shall submit an annual financial audit that meets the
requirements ofFlorida Statutes 11.45.^Defini1ions� duties;muthuhbee� reports; m|os.^; 215.S7. "Florida
Sing|eAuditAct^; Ru|000fiheAuditorGenend� Chopter1O.55O. ^L000| Govemmmnta| EndtyAudits";
and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For-Profit Organizations."
92 A complete audit report that covers any portion of the effective dates of this agreement must be
submitted within 30 days after its uomp|etinn, but no later than nine (9) months after the audit period. In
order to be complete,the submitted report shall include any management letters issued separately and
management's written response to all findings, including audit report and management letter findings.
Incomplete audit reports will not beaccepted bythe Department.
8.3 Audi1ssha|| beoomp|etedbyan |ndepmndontPub|icAouountani(|PA) andaccurdingtoBenena||y
Accepted Government Auditing Standards(GAGAS). The IPA shall be either a Certified Public
Accountant oraLicensed Public Accountant. Subreuipientsshall procure audit services according to§
200.509, and include clear objectives and scope of the audit in addition to peer review reports to
strengthen audit quality and ensure effective use ofaudit resources.
9.4 The subrecipient shall promptly follow-up and take appropriate corrective action for any findings on the
audit report in instances of noncompliance with federal laws and regulations, including but not limited to
preparation of a summary schedule of prior audit findings and a corrective action plan. Subrecipien1
follow-up toaudit findings must abide byrequirements in2CF.R. Q20M11.
9.5 Auditees must make copies available for public inspection and ensure respective parts of the reporting
package donot include protected personally identifiable information. Records shall bemade available
upon request for a period of three (3) years from the date the audit report is issued, unless extended in
writing bythe Department.
M Subrecipients that expend less than$750,000 in federal awards during a fiscal year are exempt from
the audit requirements of2C.F.R. §2OO(F)for that fiscal year. |nthis case,written notification,which
can be in the form of the"Certification of Audit Exemption"form, shall be provided to the Department by
the Chief Financial Officer,or designee,that the subrecipient is exempt. This notice shall be provided
to the Department no later than June 30 following the end of the fiscal year.
9.7 If this agreement is closed without an audit,the Department reserves the right to recover any disallowed
costs identified in an audit completed after such closeout.
9.8 The Federal Audit Clearinghouse is the repository of record for 2 C.F.R.§200(F). Audits performed as
a result of this requirement must be completed and submitted to the Federal Audit Clearinghouse within
the earlier of thirty(30)calendar days after receipt of the auditor's report(s), or nine (9) months after the
end of the audit period. Submissions must include required elements described in Appendix X to Part
200 on the specified Data Collection Form (Form SF-SAC), and be signed by a senior level
representative or chief official of the auditee. If the subrecipient opts not to authorize the Federal Audit
Clearinghouse to make the reporting package publically available, the single audit report must be
submitted directly to the Department.A scanned copy of the completed audit reports or a link to the
electronic audit report should be sent via email to criminaliustice fdle.state.fl.us or mailed to the
following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
Post Office Box 1489
Tallahassee, Florida 32302-1489
SECTION VI: SUBAWARD PROCUREMENT AND COST PRINCIPLES
1.0 Procurement Procedures -Subrecipients must use documented procurement procedures which reflect
applicable state, local, and tribal laws and regulations, provided that the procurement standards conform to
applicable Federal law(2 C.F.R. §§200.317-200.326).
2.0 Federal Procedures-All procedures employed in the use of federal funds for any procurement shall also be
according to 28 C.F.R. §66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments", 2 C.F.R. §200.318, "General procurement standards", and Florida law to be
eligible for reimbursement.
3.0 Cost Analysis -A cost analysis must be performed by the subrecipient if the cost or price is above the
simplified acquisition threshold of$150,000. Costs or prices based on estimated costs for contracts are
allowable only if allowable under 2 C.F.R. §200.405(e),"Cost Principles".
4.0 Allowable Costs-Allowance for costs incurred under the subaward shall be determined according to the
general principles and standards for selected cost items set forth in the Office of Justice Programs Financial
Guide, 28 C.F.R. §66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments"; and 2 C.F.R. § 200.405(e), "Cost Principles".
4.1 All procedures employed in the use of federal funds for any procurement shall be according to 28
C.F.R. §66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments", 2 C.F.R. §200.420, "Considerations for selected items of cost'; and Florida
law to be eligible for reimbursement.
4.2 Subrecipients eligible to use the"de minimis" indirect cost rate described in 2 C.F.R. §200.414(f), and
that elects to use the"de minimis" indirect cost rate, must advise FDLE Office of Criminal Justice Grants
in writing of both its eligibility and election, and must comply with all associated requirements in the
OMB Uniform Requirements.The"de minimis" rate may be applied only to modified total direct costs
(MTDC).
5.0 Unallowable Costs- Payments made for costs determined to be unallowable by either the Federal awarding
agency or the Department, either as direct or indirect costs, must be refunded (including interest)to the
Federal Government in accordance with instructions from the Federal agency that determined the costs are
unallowable unless Federal statute or regulation directs otherwise. See also Subpart D—Post Federal Award
Requirements,2 C.F.R. §§200.300,"Statutory and national policy requirements",through 200.309, "Period of
performance."
SFY2016 JAG Standard Conditions Page 12 of 20
Rev. 10/2015
5.1 Prohibited Expenditure List'Subaward funds may not be used for items that are listed on the
Prohibited Expenditure List at the time ofpurchase macquisition.
5.2 Controlled Purchase List Requests for acquisition ofitems onthe Controlled Purchase List must
receive explicit prior written approval from FDLE and BJA. If award funds are approved and used for the
purchase or acquisition of any item on the Controlled Purchase List,the subrecipient must collect and
retain certain information about the use of 1)the federally grant funded controlled equipment and 2)any
other controlled equipment in the same category as the federally-acquired controlled equipment in the
agency's inventory, regardless of source; and make that information available to FDLE and BJA upon
request. No equipment on the Controlled Expenditure list that is purchased or acquired under this
award may betransferred orsold Vuathird party without the prior approval and guidance from FDLE
ondBJA. Failure to comply with conditions related to Prohibited or Controlled Expenditures may result
in prohibition from further Controlled Expenditure approval under this or other awards.
6.0 Review prior to Procurement-Subrecipients are encouraged to enter into state and local intergovernmental
agreements or inter-entity agreements where appropriate for procurement or use of common or shared
goods/services. Subrecipients are also encouraged to use excess and surplus property in lieu of purchasing
new equipment and property when this iafeasible.
7.0 Sole Source-If the project requires a purchase of services or equipment from a sole source,the subrecipient
must complete the Sole Source Justification for Services and Equipment Form. |fthe subrecipiontisastate
agency and the cost is at least$150,000,then the agency must submit a copy of the approval from the
Department ofManagement Services(287.U57(5) Fla. Stat.). Sole Source form must besigned bythe
subgrant recipient or implementing agency chief official or an individual with formal,written signature authority
for the chief official.
8.0 Unmanned Aerial Vehicles The recipient agrees that awarded funds may not beexpended onunmanned
aircrat, unmanned aircraft syotems, or aerial vehicles (US. UAS, or UAV) unless the BJA Director certifies that
extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and
good order. Additionally, any funding approved for this purpose would be subject to additional reporting, which
would bestipulated byFDLEpost award.
9.0 Personal Services—Subrecipients may use grant funds for eligible personal services(salaries/benefits and
overtime)and must maintain internal controls over salaries and wages. The following requirements apply N
personal services paid with subgrantfunds:
9.1 Timesheets-Timesheets must be kept for all project staff whose hours will be charged to the project.
The timesheets must be signed by the supervisor and clearly indicate hours spent on project activities.
92 Additional Documentation - In accordance with Florida Statute§215,971,the Florida Department of
Financial Services may require documentation validation that personnel services were performed on
project-related activities inaccordance with the contract agreement.
9.3 Protected personally identifiable information -The subrecipient shall take reasonable measures to
safeguard protected personally identifiable information and other information the pass-through entity
designates as sensitive or the subrecipient considers sensitive consistent with applicable Federal, state,
local, and tribal laws regarding privacy and obligations of confidentiality.
94 Overtime for Law Enforcement Personnel -Prior to obligating funds from this award to support
overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all
allied components ofthe criminal justice system inthe affected jurisdiction. The purpose ofthis
consultation is to anticipate and plan for systemic impacts such as increased court dockets and the
need for detention space.
9.5 Employees Working Solely mmoSingle Federal Award -For any position that works 1OOY6ofits time
on asingle federal award,the employee must certify that 10096 of his or her time was spent working on
that federal award. This requirement applies to both full time and part time positions regardless of the
percentage ofthe position's salary that iacharged tothe grant. The certification must besigned byboth
the employee and the employee's direct supervisor having firsthand knowledge ofthe work performed
bythe employee. The forms must be submitted semi-annually and may not be signed prior to the end
ofthe reporting period. Certifications must boprovided tocover the entire grant period
9.8 Maximum Allowable Salary- No portion of these federal grant funds shall be used towards any part of
the annual cash compensation of any employee of the subrecipient whose total annual cash
compensation exceeds 110% of the maximum salary payable to a member of the Federal government's
Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that
year. (The salary table for SES employees iuavailable at j
A subrecipient may compensate an employee at a higher rate, provided the amount in excess of this
compensation limitation is paid with non-federal funds.This limitation on compensation rates allowable
under this award may be waived on an individual basis at the discretion of the OJP official indicated in
the program announcement under which this award iomade.
10.0 Contractual Services -The subrecipient must maintain written standards of conduct covering conflicts of
interest and governing the actions of its employees engaged in the selection, award and administration of
contracts aodescribed in§2O8.318General procurement.
10.1 Requirements for Contractors ofSubracipimnte The uubrooipien\assures the compliance ofall
contractors with the applicable provisions ofTitle | of the Omnibus Crime Control and Safe Streets Act
of190O. asamended (42U.S.C. §3711. etseq. nk ;the provisions ofthe current
edition ofthe Office ofJustice Programs Financial Guide ;
and all other applicable federal and state laws, orders, circulars, or regulations.The subrecipient must
pass-through all requirements and conditions applicable to the federal grant award/subaward to any
subcontract. The term"contractor" is used rather than the term "vendor"and means an entity that
receives acontract eodefined in2C.F.R. §28U22.the nature ofthe contractual relationship
determines the type ofagreement.
10.2 Approval of Consultant Contracts-The Department shall review and approve in writing all
consultant contracts prior to employment of a consultant when the consultant's rate exceeds$650
(excluding travel and subsistence costs) per eight-hour day, or$81.25 per hour. Adetailed justification
must be submitted to and approved by FDLE prior to obligation or expenditures of such funds.
Approval shall be based upon the contract's compliance with requirements found in the Financial
Guide,the Common Rule, and inapplicable state statutes. The Department's approval ofthe
subrecipient agreement does not constitute approval of consultant contracts. |fconsultants are hired
through a competitive bidding process(not sole source), the$650 threshold does not apply.
11.0 Travel and Training -The cost of all travel shall be reimbursed according to the subrecipient's written travel
policy. If the subrecipient does not have a written travel policy, cost of all travel will be reimbursed according
to State ofFlorida Travel Guidelines§ 112.061. Fla. Stat. Any foreign travel must obtain prior written approval.
11.1 BJAorFDLESponsored Events-The subrecipient agrees to participate in BJA-or FDLE-
sponsored training events,technical assistance events, or conference held by FDLE or BJA or their
designees, upon FULE'oorBJA'srequest.
11.2 Expenses Related to Conferences, Meetings, Trainings,and Other Events -The subrecipient
agrees to comply with all applicable laws, regulations, policies, and guidance(including specific cost
limits, prior approval and reporting requirements,where applicable)governing the use of federal funds
for expenses related to conferences, meetings,trainings, and other events, including the provision of
food and/or beverages at such events, and costs of attendance at such events. Information on
pertinent laws, regulations, policies, and guidance ioavailable at
11.3 Training and Training |Nabsria|a—Anyhainingortraining materials that has been developed or
delivered with grant funding under this award must adhere to the OJP Training Guiding Principles for
Grantees and Subgrantoeo. available at
12.0 Publications, Media and Patents
12.1 Ownership of Data and Creative Material-Ownership of material, discoveries, inventions, and results
developed, produced, or discovered subordinate to this agreement is governed by the terms of the
SFY2O1SJAG Standard Conditions Page 14of20
Rev. 10/2015
'
Office of Justice Programs Financial Guide (as amended), and the U.S. DepartmentofJustice Common
Rule for State and Local Governments,and 2C.F�H. §2OO.315"Intangible Pmperty.^ asapplicable.
12.2 Copyright-The awarding agency reserves a royalty-free, non-exclusive, and irrevocable license to
reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes:
12.2.1 The copyright inany work developed under anaward o/aubawevd. and
12.2.2 Any rights of copyright to which a subaward recipient or subrecipient purchases ownership with
support funded under this grant agreement.
12.3 Publication or Printing of Reports -The subrecipient shall submit for review and approval one copy of
any curricula,training materials, or any other written materials that will be published, including web-
based materials and web site content, through funds from this grant at least thirty (30)days prior to the
targeted dissemination date.The subrecipient understands and agrees that any training materials
developed or delivered with grant funding must adhere to the OJP Training Guiding Principles for
Grantees and Subgnanteeaavailable at
All materials publicizing or resulting from award activities shall contain the following statements
identifying the federal award:
"This project was supported byAward No. awarded bythe Bureau ofJustice Assistance,
Office ofJustice Programs. The opinions,findings, and conclusions urrecommendations
expressed in this publication/program/exhibition are those of the authors and do not necessarily
reflect the views ofthe Department ofJuedce^
124 Patents-If any program produces patentable items, patent rights, processes, or inventions, in the
course of work sponsored by the federal award or subaward funds, such facts must be promptly and
fully reported tnthe awarding agency.
12.4.1 Unless there is a prior agreement between the subrecipient and the Department on disposition
of such items,the Department may determine whether protection on the invention or discovery
will besought.
12.4.2 The Department will also determine how rights in the invention or discovery(including rights
under any patents issued)will be allocated and administered in order to protect the public
interest consistent with "Government Patent Policy" ("President's Memorandum for Heads of
Executive Departments and Agencies,"dated August 23, 1971, and statement of Government
patent policy, anprinted in3OFederal Register 1O83Q).
12.4.3 Government regulations have been issued in37Cf.R. #4O1 bythe U.S. Department of
Commerce.
13.0 Confidential Funds and Confidential Funds Certificate-A signed certification that the Project Director or
Implementing Agency Chief Official has read, understands, and agrees to abide by all conditions for
confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is
required for all projects that involve confidential funds. The signed certification must besubmitted atthe time
of grant application.This certificate certifies the Project Director has read, understands, and agrees to abide by
the provision in Section 3.12 of the Office of Justice Programs Financial Guide. This form must be submitted
upon application if applicable. Confidential Funds certifications must be signed by the subrecipient or
implementing agency Chief Official or an individual with formal,written signature authority for the Chief Official.
14.0 Task Force Training Requirement The aubreoipientagrees that within 12Odays ofaward, each member of
a law enforcement task force funded with these funds who is a task force commander, agency executive,task
force officer, or other task force member of equivalent rank,will complete required online (i nternet-based)task
force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and
Leadership (W��L���.or]). All current and new task force members are required iocomplete this training once
during the|ih*ofthe award, or once every four years ifmultiple awards include this requirement. This training
addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights,task
force performance measurement, personnel selection, and task force oversight and accountability. When
FDLE awards funds tosupport atask force,the eubreoipimntmust compile and maintain etask force personnel
SFY2016 JAG Standard Conditions Page 15 of 20
Rev. 10/2015
roster along with course completion certificates. Additional information ioavailable regarding this required
training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership
&0�ctf Il�l�.
15.0 Information Technology Projects
15.1 Criminal Intelligence Systems-The subrecipient agrees that any information technology system
funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. §23. Criminal
Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to
boapplicable. Should the Office nfJustice Programs determine 28CF.R. §23toboapplicable,the
Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. §
23.20(g). Should any violation of28C.F.R. §23occur,the oubnacipiantmay bafined eaper 42U.S.C.
§378Sg(c)-(d). The oubmdpiontmay not satisfy such afine with federal funds.
The subrecipient understands and agrees that no awarded funds may be used to maintain or establish
a computer network unless such network blocks the viewing,downloading, and exchanging of
pornography. In doing so the subrecipient agrees that these restrictions will not limit the use of awarded
funds necessary for any federal, state,tribal, or local law enforcement agency or any other entity
carrying out criminal investigations, prosecutions, or adjudication activities.
15.3 State Information Technology Point of Contact-The subrecipient agrees to ensure that the State
Information Technology Point of Contact receives written notification regarding any information
technology project funded by this grant during the obligation and expenditures period. This iuto
facilitate communication among local and state governmental entities regarding various information
technology projects being conducted with these grant funds. |naddition,the oubmoipientagrees to
maintain an administrative file documenting the meeting of this requirement. For a list of State
Information Technology Points ofContact, goto
15.3 |ntnnatateConnecbvity-To avoid duplicating existing networks or IT systems in any initiatives funded
by the Bureau of Justice Assistance for law enforcement information sharing systems which involve
interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing
networks as the communication backbone(oachieve interstate oonnectivity, unless the oub/euipient
can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not
be cost effective or would impair the functionality of an existing or proposed IT system.
15.4 ADPJuaUficetion -The aubmoipiantmust complete anAutomated Data Processing (ADP) Equipment
and Software and Criminal Justice Information and Communication Systems Request for Approval form
if the purchase of any ADP equipment is to be made. This form must be submitted upon application, if
applicable. ADID justification must be signed by the subrecipient or implementing agency chief official or
an individual with formal,written signature authority for the chief official.
16.0 Interoperable Communications Guidance
1$.1 Subraoipiontothat are using funds 0o support emergency communications activities must comply with
the current SAFECOM Guidance for Emergency Communication Grants, including provisions on
technical standards that ensure and enhance interoperable communications. Emergency
communications activities include the purchase of Interoperable Communications Equipment and
technologies such as voice-over-internet protocol bridging or gateway devices, or equipment to support
the build out of wireless broadband networks in the 700 MHz public safety band under the Federal
Communications Commission (FCC)Waiver Order. SAFECOM guidance can be found at
16.2 Subrecipients interested in developing a public safety broadband network in the 700 MHz band in their
jurisdictions must adhere to the technical standards set forth in the FCC Waiver Order, or any
succeeding FCC orders, rules, or regulations pertaining to broadband operations in the 700 MHz public
safety band.The nubrmdpientshall also ensure projects support the Statewide Communication
Interoperability Plan (8C|P)and are fully coordinated with the full-time Statewide Interoperability
Coordinator(SVV|C). 0any future regulatory requirement(from the FCC orother governmental entity)
results inamaterial technical or financial change in the project,the recipient should submit associated
documentation, and other material,as applicable,for review by the SWIC to ensure coordination.
Subrecipients must provide a listing of all communications equipment purchased with grant award
funding (plus the quantity purchased ofeach item)toFDLEonce items are procured during any periodic
programmatic progress reports.
17.0 DrugCourtProjects-ADmgCourtPnojectmmstoomply with§3S7.334. Fla. Stat.. —FnaahnentBased Drug
Court Programs."
SECTION VII: ADDITIONAL REQUIREMENTS
1.0 Ballistic Resistant and Stab Resistant Body Armor
1.1 Mandatory Wear Policy-Subrecipients that wish to purchase armor with JAG funds must certify that
law enforcement agencies receiving vests have a written"mandatory wear" policy in effect.This policy
must be in place for at least all uniformed officers before funding can be used by the agency for body
armor. There are no requirements regarding the nature of the policy other than it being a mandatory
wear policy for all uniformed officers while on duty. FAQs related to the mandatory wear policy and
certifications can bmfound at
1.2 BVP Program 'JAG funds may be used to purchase armor for an agoncy, but may not be used as the
5O% match for purposes nfthe Bulletproof Vest Partnership(BVP) program.
1.3 WQComp|ianom-BodyarmorpurchaaedwithJAGfundamoybepurohasedutmnythree1|evo|. makm.
or model from any distributor or manufacturer, as long as the vests have been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ
Compliant Body Armor Model List(http:8hijgm4. In addition, body armor purchased must beAmehcan-
mado.The latest N|Jstandard information can befound at:
.
2.0 Environmental Protection Agency's (EPA) list of Violating Facilities-The subrecipient assures that the
facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the
Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of
the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a
facility to be used in the project is under consideration for listing by the EPA.
3.0 National Environmental Policy Act(NEPA)
3.1 The eubreoipientagrees 1oassist FDLE in complying with the NEPA.the National Historic Preservation
Act, and other related federal environmental impact analyses requirements in the use of subaward
funds bythe aubreoipient. This applies tothe following new activities whether ornot they are being
specifically funded with these aubewordfunds. That is, itapplies aslong epthe activity iubeing
conducted by the subrecipient or any third party and the activity needs to be undertaken in order to use
these subaward funds. Accordingly,the subrecipient agrees to first determine if any of the following
activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is
determined that any of the following activities will be funded by the grant, the recipient agrees to contact
FDLEOCJG.
3.1.1 New construction
3J.2 Minor renovation or remodeling of a property either(a) listed on or eligible for listing on the
National Register of Historic Places or(b) located within a 1 00-year flood plain; a wetland, or
habitat for endangered species, or a property listed on or eligible for listing on the National
Register ofHistoric Places;
3.1.3 A renovation, lease, or any other proposed use of a building or facility that will either(a) result
inachange inits basic prior use or(b) significantly change its size; and
31.4 Implementation of a new program involving the use of chemicals other than chemicals that are
(a) purchased as an incidental component of a funded activity and (b)traditionally used,for
example, inoffice, household, recreational, oreducational environments.
3.1.5 Implementation of a program relating to clandestine methamphetamine laboratory operations,
including the identification, seizure, or closure of clandestine methamphetamine laboratories.
3.2 The subrecipient understands and agrees that complying with NEPA may require the preparation of an
Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of
Justice Assistance. The subrecipient further understands and agrees to the requirements for
implementation of a Mitigation Plan, as detailed by the Department of Justice at
www.bia.aov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.
3.3 For any of a subrecipient's existing programs or activities that will be funded by these subawards, the
subrecipient, upon specific request from the Department and the U.S. Department of Justice, agrees to
cooperate with the Department of Justice in any preparation by the Department of Justice of a national
or program environmental assessment of that funded program or activity.
4.0 Methamphetamine Plans: Mitigation of Health,Safety and Environmental risks dealing with
Clandestine Methamphetamine Laboratories-If an award is made to support methamphetamine laboratory
operations the subrecipient must comply with this condition,which provides for individual site environmental
assessment/impact statements as required under the National Environmental Policy Act.
4.1 General Requirement: The subrecipient agrees to comply with federal, state, and local environmental,
health and safety laws and regulations applicable to the investigation and closure of clandestine
methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes
used in or resulting from the operation of these laboratories. The subrecipient also agrees to complete
a Methamphetamine Mitigation Plan (MMP)that includes the nine protective measures or components
required by BJA and submit the plan to FDLE's Office of Criminal Justice Grants.
4.2 Specific Requirements: The subrecipient understands and agrees that any program or initiative
involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result
in adverse health, safety and environmental impacts to (1)the law enforcement and other governmental
personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized
clandestine laboratory; (3)the seized laboratory site's immediate and surrounding environment of the
site(s)where any remaining chemicals, equipment, and waste from a seized laboratory's operations are
placed or come to rest. Therefore, the subrecipient further agrees that in order to avoid or mitigate the
possible adverse health, safety and environmental impacts from any of clandestine methamphetamine
operations funded under this award, it will (1) include the nine, below listed protective measures or
components; (2) provide for their adequate funding to include funding, as necessary, beyond that
provided by this award; and (3) implement these protective measures directly throughout the life of the
subaward. In so doing,the subrecipient understands that it may implement these protective measures
directly through the use of its own resources and staff or may secure the qualified services of other
agencies, contractor or other qualified third party.
4.2.1 Provide medical screening of personnel assigned or to be assigned by the subrecipient to the
seizure or closure of clandestine methamphetamine laboratories;
4.2.2 Provide Occupational Safety and Health Administration (OSHA) required initial and refresher
training for law enforcement officials and other personnel assigned by the subrecipient to either
the seizure or closure of clandestine methamphetamine laboratories;
4.2.3 As determined by their specific duties, equip personnel assigned to the project with OSHA
required protective wear and other required safety equipment;
4.2.4 Assign properly trained personnel to prepare a comprehensive contamination report on each
closed laboratory;
4.2.5 Employ qualified disposal contractors to remove all chemicals and associated glassware,
equipment, and contaminated materials and wastes from the site(s)of each seized clandestine
laboratory;
4.2.6 Dispose of the chemicals, equipment, and contaminated materials and wastes removed from
the sites of seized laboratories at properly licensed disposal facilities or, when allowable,
properly licensed recycling facilities;
4.2.7 Monitor the transport, disposal, and recycling components of subparagraphs 4.4.5 and 4.4.6
immediately above in order to ensure proper compliance;
SFY2016 JAG Standard Conditions Page 18 of 20
Rev. 10/2015
4.2.8 Have in place and implement an inter-agency agreement or other form of commitment with a
responsible State environmental agency that provides for that agency's 1)timely evaluation of
the environmental conditions at and around the site of a closed clandestine laboratory and 2)
coordination with the responsible party, property owner, or others to ensure that any residual
contamination is remediated, if necessary, and in accordance with existing federal and state
requirements; and
4.19 Have in place and implement a written agreement with the responsible state or local service
agencies toproperly respond many minor, aadefined bystate law, atthe site. This
agreement must ensure immediate response by qualified personnel who can 1) respond 0mthe
potential health needs of any minor at the site; 2)take that minor into protective custody unless
the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal
violations; 3)ensure immediate medical testing for methamphetamine toxicity; and 4)arrange
for any follow-up medical tests, examinations, or health care made necessary as a result of
methamphetamine toxicity
5.0 Nationa| HietorioPreuenatonAot—TheAo will assist the Department(if necessary) inassuring
compliance with section 1OOofthe National Historic Preservation Act of1S6O (1GU3.C. §470). Ex. Order
11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of
1974 (16US.C. §4GSa-1 etoeq.). and the National Environmental Policy Act of10OS(42U�SC. §4321)
6.0 Human Research Subjects -Subrecipient agrees to comply with the requirements of 28 C.F.R. §4Oand all
Office of Justice Programs policies and procedures regarding the protection of human research subjects,
including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
7.0 Global Standards Package-In order to promote information sharing and enable interoperability among
disparate systems across the justice and public safety community, OJP requires the recipient to comply with
DOJ's Global Justice Information Sharing Initiative (DOJ's Global)guidelines and recommendations for this
particular grant. Recipient shall conform to the Global Standards Package (GSP) and all constituent elements,
where applicable, asdescribed at: Recipient shall document planned
approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that
protects shared information, or provide detailed justification for why an alternative approach is recommended.
8.0 Disclosures
8.1 Conflict of Interest-The subrecipient and implementing agency will establish safeguards to prohibit
employees from using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict ofinterest, or personal gain. Gub/moipion|a must disclose in writing
any potential conflict of interest to FIDLE (the non-federal pass-through entity).
81 Violations of Criminal Law-The subrecipient and implementing agency must disclose all violations of
state or federal criminal law involving fraud, bribery or gratuity violations potentially affecting the sub
award.
9.0 Uniform Relocation Assistance and Real Property Acquisitions Act-The subgrant recipient will comply
with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Actof1Q7O (42
U.S.C. §48O1 etaeqlwhich governs the treatment ofpersons displaced aseresult nffederal and federally-
assisted pmgnamn.
10.0 Limitations on Government Employees Financed by Federal Assistance-The subrecipient will comply
with requirements of5U�SC,§§ 15O1-O8and 7324-28.which limit certain political activities cdState orlocal
government employees whose principal employment is in connection with an activity financed in whole or in
part byfederal assistance.
11.0 Reporting Potential Fraud,Waste,Abuse,and Similar Misconduct-The subrecipient must promptly refer
to DOJ Office of Inspector General (OIG)and the Florida Department of Law Enforcement, Office of Criminal
Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other
person has either 1) submitted a claim for grant funds that violates the False Claims Act; or 2) committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct
involving grant funds.
12.0 Restrictions and certifications regarding non-disclosure agreements and related matters -
Subrecipients or contracts/subcontracts under this award may not require any employee or contractor to sign
an |rkema|confidentiality agreement urstatement that prohibits, restricts orpurports hu prohibit orrestrict, the
reporting of waste,fraud or abuse in accordance with law,to an investigative or law enforcement
representative of a state or federal department or agency authorized to receive such information.
13.0 Funds to Association of Community Organizations for Reform Now(ACORN) Unallowable-
Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in
support of any contract or subaward to either the Association of Community Organizations for Reform Now
(ACORN) or its subsidiaries,without the express prior written approval of OJP.
14.0 Text Messaging While Driving -Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving.^74Fed. Reg. 51225 (October 1. 20O9). and§310.305. Fla. S1ok... the oubmuipiont
is encouraged to adopt and enforce policies banning employees from text messaging while driving any vehicle
during the course of performing work funded by this subaward and to establish workplace safety policies and
conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
15.0 DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database-If JAG program funds
will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to
the Combined DNA Index System (C0D|G), by government DNA lab with access to COD|S. No pmfi|oa
generated with JAG funding may be entered into any other non-governmental DNA database without prior
express written approval from BJA. For more information, refer to the NIJ FY 2012 DNA Backlog Reduction
Pmgrmm, availablefunds may not bmused for
purchase of DNA equipment and supplies when the resulting DNA profiles from such technology are not
accepted for entry into CODIS (the National DNA Database operated by the FBI).
16.0 Environmental Requirements and Energy-For subawards in excess of$100,000, the subrecipient must
comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act(42
U.S.C. §§ 1857(h)). section 5O8ofthe Clean Water Act(33U.SC § 1308). Executive Order 11738. and
Environmental Protection Agency regulations (4OC.FR § 15) The oubreoipientmust comply with mandatory
standards and policies relating to energy efficiency which are contained in the state energy conservation plan
issued incompliance with the Energy Policy and Conservation Act(Pub LS4-1S3. 8&Stat. 871). ifany.
17.0 Other Federal Funds -The subrecipient agrees that if it currently has an open award of federal funds or if it
receives an award of federal funds other than this award, and those awards have been, are being, or are to be
used, in whole or in part, for one or more of the identical cost items for which funds are being provided under
this award, the subrecipient will promptly notify, in writing the grant manager for this award, and, if so
requested by OCJG seek a budget modification or change of project scope grant adjustment notice(GAN)to
eliminate any inappropriate duplication offunding.
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
State of Florida
Department of Law Enforcement
Office of Criminal Justice Grants
Signature:
Typed Name and Title: Petrina T.Herring,Bureau ChW
Date.-
Subgrant Recipient
Authorizing Official of Governmental Unit
(Commission Chairman,Mayor, or Designated Representative)
Typed Name of Subgrant Recipient: all 14j, r4ev- t
Signature:
Typed Name aid Title: C t_j" Lacey, Mayor of Winter Springs
Date: Septerrber 8, 2015
Implementing Agency
Official, Administrator or Designated Representative
Typed Name of Imple senting de Agency: Lz�'Nylma Sa'-ht,ta
Signature: ...........
Typed Name and Title: AJJ
_KLeV 0 �
f 0- 1?A
Date: 3)
Application Ref# 2016-JAGC-2729 Section#6 Page 1 of
Contract -JAGC-SEMI---
Rule Reference 11 D-9.006 OCJG-005(rev.October 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Insert Certifications and Authorizations here.
Application Ref# 2016-JAGC-2729 Section#7 Page 1 of 1
Contract 2016-JAGC-SEMI-4-H3-016
Rule Reference 11 D-9.006 OOJG-005(rev.October 2005)