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Home My WebLink AboutFlorida Department of Law Enforcement - Edward Byrne Memorial Grant - 2015 09 15I ", ""i" A Florida Department of Law Enforcement Richard L. Swearingen Commissioner The Honorable Charles Lacey Mayor City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Business Support Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, FL 32302 -1489 (850) 617 -1250 www.fdle.state.fl.us Re: Contract No. 2015 -JAGD- SEMI -5 -E6 -162 Dear Mayor Lacey: Rick Scott, Governor Pam Bondi, Attorney General Jeff Atwater, Chief Financial Officer Adam Putnam, Commissioner ofAgriculture The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant to your unit of government in the amount of $ 50,000.00 for the project entitled, MOBILE<COMMAND CENTER. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for yourfile. All correspondence with the Department should always refer to the project number and title. As you may be aware, information from subgrants and performance reports are currently provided to the Department of Justice under the Performance Measurement Tool (PMT) and Federal Funding Accountability and Transparency Act (FFATA) to meet current federal transparency requirements. Contract and grant information is also provided to the State of Florida Department of Financial Services via the Florida Accountability Contract Tracking System (FACTS). This grant contract and all subsequent correlating information including general contract, performance, amendment/modification information and a copy of the grant document is provided to FACTS to meet requirements under Chapter 2013 -54 and 2013 -154 Laws of Florida for transparency in government spending. If this grant agreement contains confidential or exempt information not subject to disclosure under public records law, Chapter 119, F.S., (such as disclosure of equipment for certain undercover operations that may result in sensitive information on grant documents) please contact the Office of Criminal Justice Grants for information on requesting exemption from public records disclosure. Please complete and return the enclosed Certification of Acceptance to the Office of Criminal Justice Grants within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to reimbursement of any project expenditures. Some costs require prior written approval from OCJG and/or the Department of Justice before beginning project activities including: a sole source procurement in excess of $150,000; compensation for consultant services for rates in excess of $650 /day ($81.25 per hour); publication plans; and purchase of automated data processing (ADP) equipment and software. A written request for approval is required if they are applicable to your project. You may also see a correlating special condition on your grant award in the Subgrant Information Management ON -Line (SIMON) system. We look forward to working with you on this project. Please contact Planning Manager Randall Smyth at (850) 617- 1250 if you have any questions or we can be of further assistance. Sincerely, Petrina Tuttle Herring Bureau Chief PTH /ar Enclosures Service a Integrity ^ Respect • Quality State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATION OF ACCEPTANCE The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2015 -JAGD- SEMI -5 -E6 -162, in the amount of $ 50,000.00, for a project entitled, MOBILE COMMAND CENTER, for the period of 07/01/2015 through 12/31/2015, in accordance with the Budget and Budget Narrative contained in the subgrant application, and subject to the Florida Department of Law Enforcement Conditions of Agreement and any special conditions governing this subgrant. Signatu e All* rantezed Official Mayor Charles Lace Print Name and Title of Official Date of Acceptance Name of Subgrantee Rule Reference 11D -9.006 OCJG -012 (rev. October 2005) 8UBGRANT AWARD CERTIFICATE Subgranhee: City of Winter Springs DateufAward: 1(�/\i!-Zo\- Grant Period: From: 07/01C2015 TO: 12/31/2015 Project Title: MOBILE COMMAND CENTER Grant Number: 2015'JAG[-SEM|-5'E6'182 Federal Funds: $5O.OD0.00 State Agency Match: Local Agency Match: $12.5OD.UO Total Project Cost: $82.5OD.00 CFDA Number: 18.738 Award is hereby made in the amount and for the period shown above ofasubgrant under Part EofTitle I of the Omnibus Crime Control and Safe Streets Act uf1SG8eo amended Subpart 1cf such part N2U.S.O.3761-}76Q; the Consolidated Appropriations Act, 2OO8. Public Law 11U-181; and Public Law 1OA-1O2. 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 ofByrne Grant Program and Local Law Enforcement Block Grant Program, to the above mentioned subgrantee and subject to any attached or special This award is subject ho all applicable rules, regulations, and conditions aa contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D, Office of Justice Programs, Common Rule for State and Local Governments and A,87.o, OMB Circulars A,118orA'1O2.uo applicable, and A' 1.intheirendrety. |\iealso subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned 0n1hoDopartm*rt. d-C Authorized Official PetrinTuttleHerring Bureau Chief 9, ) < I /-�-� Date () This award is subject bo special conditions (adtauhod). Organization Name: County: Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct City of Winter Springs Seminole Chief Official Name: Charles Lacey Title: Mayor Address: 1126 East State Road 434 City: Writer 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 # 2014-JAGD-1734 Section #1 Page I of Contract 2015-JAGD-SEMI-5-E6-162 Rule Reference 11 D-9M6 OCJG-005 (rev. April 2005) AA pplication for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct N q! o FIN 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: 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 Application Ref # 2014-JAGD-1734 Section #1 Page 2 of 2 Contract 2015-JAGD-SEMI-5-E6-162 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Am��U~��~�� ^��nce Application Funding =-'__'_-_ Florida Department of Law Enforcement Justice Assistance Grant - Direct General Project Project Title: MOBILE COMMAND CENTER SwbQrant Recipient: City of Winter Springs Implementing Agency: Winter Springs Police Department Project Start Date: 7/1/2015 End Date: 12/3112015 Problem Identification Exposure to high stress incidents can bn very challenging, Management of tactical units, emergency personnel, incoming resources, etc. can tax even the most experienced Incident Commander. Every major inoidenthaaeimi|ahtiee'oneofvvhiohisthaneconedvofbeing controlled from a command post using an Incident Command System (ICS). When properly equipped, a command post acts as a force multiplier for the members trying to control the chaos. Having the ability to provide command and control from a properly equipped and protected vehicle can actually make managing an incident much easier. Currently the Winter Springs Police Department has nu dedicated command post that can provide the resources and equipment needed to handle calls for service of this nature that can occur in a city like ours. Even though we are a bedroom community, just in the last five years we have been the lead story on the national news twice where a command post was necessary. We had to rely on another agency to respond. The delay caused some issues that could have been alleviated if we had m command post Project We are currently researching to purchase a dedicated command post trailer. We envision a mobile command vehicle tobe set upaoa dual purpose command post for both our Crisis Negotiations Unit and as an operational command post to support unusual occurrences. The trailer the City of Winter Springs wishes to utilize isonenclosed 2018Cargornate32foot triple axel vehicle trailer. The trailer has two side entry doors; roof mounted air conditioning and heat, and interior as well as exterior lighting. To complete this task we would section off oportion of the trailer with oninterior wall and pocket door that would house hanging white boards, multiple work stations, and communications equipment. The other portion of the command post would house several more work stations, e conference room to conduct tactical briefing etc., white boards, communications equipment ( monitors, lap top computers, radios, phones, cameras) an organizational filing system, and any other expandable equipment that meet our needs. Our agency request tn use grant funds in order to facilitate this project. The City of Winter Springs has no money allocated mbudgeted for this type equipment. Without this award the police department would not be able to continue pursuing this command center. Therefore wo request m $5U.000 grant bo awarded to accomplish this purchase. VV* understand that any monies over the 8G0,000 will be the responsibility of the City of Winter Springs. VVo will ask for local donations and or request additional funds from the City Commission to cover the difference, The completed project to include the work and the trailer io expected tocost $62.500.00. Application Ref # 2014JAG[-1734 Contract 2015-JlGD-BEK8|-5-E6-162 Rule Reference 11o*o06 ocJo-005 (rev April 2005) Section #2 Page I of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Application Ref # 2014-JAGD-1734 Section #2 Page 2 of 3 Contract 2015-JAGD-SEMI-5-E6-162 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department 0f Law Enforcement Justice Assistance Grant - Direct Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the US. Department ofJustice? Answer: No Question: Part 1: In your business or organization's preceding completed fiscal year, did your business or organization (the subgrantee) receive (1) 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? |f yes, answer "yaa"or"no"toPart 2, below. Answer: No Question: Part 2: Does the public have access to information about the compensation of the executives in your business or organization (the subgrantee) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a).78o/d0mr section O1U4uf the Internal Revenue Code of1980?If answer ho Part 1. above, was "no." answer N/A. Answer: N/A Question: Oo the Subrac 'endand|mplenlenUnga0enoiesunderatandthatthiohaauoot- nain)bunsamond 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 vvithremsi[tandroviavvofprugnammat|cporfornnan:e reports to determine successful completion of minimum performance for deliverables eu specified in the agreement. Anevvac Yen Application Ref # 2014-J4GD-1734 Contract 2015JAGD-3EK4I-5-E6102 Rule Reference 11 o*on nnJs-0oo(rev, April unn* Section #2 Page 3 of 3 Application f ®r Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 001 - Law enforcement programs State Purpose Area: A - Accomplishments: Includes any accomplishments during the reporting period. Required for all projects. Activity: Law Enforcement Target Group: Law Enforcement Geographic Area: Urban Location Type: Citywide Objectives and Measures Objective: Al - Report on program accomplishments Measure: Part 1 Please briefly describe what your program's accomplishments will be. Please include any benefits or changes to be observed as a result of JAG - funded activities, such as program completion, or changes in attitudes, skills, knowledge, or conditions. [500- character limit] Goal: Our intentions are to purchase a 32 foot trailer and covert/modify this trailer into a mobile command center. Objective: A2 - Report on usage of crimesolutions.gov Website Measure: Part 1 Will you be using the crimesolutions.gov Website? Goal: No Objective: A3 - Report on subgrants from grantees other than FDLE Measure: Part 1 Are you a subrecipient of a JAG award from another JAG grantee (other than FDLE)? An agency can be a primary recipient of a JAG award from BJA and a subrecipient of a JAG award from another JAG award primary recipient. Do not consider awards that you receive directly from USDOJ. Goal: No Measure: Part 2 If yes, enter grantee organization or agency name. Goal: FDLE Application Ref # 2014 -JAGD -1734 Section #3 Page 1 of 4 Contract 2015 -JAGD- SEMI -5 -E6 -162 Rule Reference 11D -9.006 OCJG -005 (rev. April 2005) Application for Funding ssistance Florida Department of Law Enforcement Justice Assistance Grant - Direct State Purpose Area: E - Equipment Purchases and /or Technology Investments: Includes activities where equipment purchases or technology investments were made that improve efficiency and /or cost savings. Activity Description Activity: Equipment Purchases and /or Technology Investments Target Group: Equipment Purchases and /or Technology Investments Geographic Area: Urban Location Type: Citywide Address(es) : City of Winter Springs City Hall 1126 East State Road 434 Winter Springs , FL 32708 Objectives and Measures Objective: E1 - Report on JAG funding allocated for equipment and /or technology investments Measure: Part 1 How much JAG funding has been allocated for equipment purchases and /or technology investments? Please report in dollars {$). Goal: 50,000.00 Objective: E2 - Make equipment purchases and /or technology investments Measure: Part 3 What types of equipment purchases and /or technology investments will be made with JAG funds? In your response, please list all that apply from the following choices: Security Systems (station or evidence room), Tactical Vests /Body Armor, Undercover Surveillance Equipment (microphones, video), Vehicles , Video Observation (station, community, pole cams), Other. Do not select other if your item fits into any of the categories above. If other, state 'other" and specify. Goal: Other- Mobile Command Center Objective: E3 - Achieve efficiencies or cost savings as a result of equipment purchases and /or technology investments. Measure: Part 1 Describe any efficiencies or cost savings that will be achieved as a result of an equipment purchase and /or technology investment. Application Ref # 2014 -JAGD -1734 Section #3 Page 2 of 4 Contract 2015 -JAGD- SEMI -5 -E6 -162 Rule Reference 11D -9.006 OCJG -005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Ref # 2014-JAGD-1734 Contract 2015-JAGD-SEMI-5-E6-162 Rule Reference 11 MM6 OCJG-005 (rev. April 2005) Section #3 Page 3 of 4 Florida Department of Law Enforcement Justice Assistance Grant - Direct Section Questions: Question: |f"othm" was selected for the geographic area, please describe. Answer: N/A Question: If "other" was selected for location type, please describe. Answer: N/A Application Ref # 2014-JAGD-1734 Section #3 Page 4 of 4 Contract 2015'JAGD-SEMI-5-E6-162 Rule Reference 11D-9.006 ocJu-005 (re" April 2005) Florida Department cf Law Enforcement Justice Assistance Grant - Direct Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Exoonaoa $0.00 $0.00 $0.00 Operating Capital $50'000.00 $12.500.00 $82,500.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $50,00.00 $12,580.00 �2,500.00 Percentage 80.0 20.0 100.0 Project Generated Will the project earn project generated income (PGI) ? No Application Ref# 2014-JA8D-1734 Section #4 Page 1of3 Contract 2015-lA8D'8EYN|'5'E6102 Rule Reference I I D-9.006 OCJG-005 (rev. April 2005) Florida Department Of Law Enforcement Justice Assistance Grant - Direct Budget Narrative: Operating Capital Outlay The Police Department intends on using Pride Enterprise, Heavy Vehicle Renovation to purchase and convert a 32 foot trailer into a Mobile Command Center for the agency. We would be able to complete this purchase with the award of $50,0000 in grant monies. Any funds over and above the 85O.0OO will beoO the responsibility of the City of Winter Springs. The $50,000 would be used to purchase the trailer and convert the interior into a Command Center. The Command Center will have three separate/divided rooms, which include an interview room, works station room and conference room. The total purchase and build price is $02.500. The City of Winter Springs will be responsible for the $12,500.00 Application Ref # 2014-JAGD-1734 Section #4 Page 2 of 3 Contract 2015-J4GD'GEM|-5-E0' 02 Rule Reference 11 o-9.00eooJo-005 (rav April 2005) Answer: N/A Application Ref # 2014'JAG[-1734 Contract 2015'J\GD-SEK4|'5'E6'162 Rule Reference 11u9»naooJG-0n*(rov April 2005) Section #4 Page 3 of 3 SOLE SOURCE JUSTIFICATION FOR SERVICES AND EQUIPMENT REQUEST FOR APPROVAL •. Florida 1 -• of • Memorial Justice Assistance Grant_frpgra Marne of Sugrant Recipient: City of Winter Springs Authorized Official for Subgraht Recipient or Implementing Agency Typed Barns of Authorized Official: Matthew Tra+cht Typed Title: Captain Signature: Telephone Number i 407 } 327 -7997 Date: 08-20-2015 1. Briefly describe the proposed contractual services and /or equipment and how it relates to your program. 2. Explain your reasons for proposing to contract with, or purchase from, a non - competitive sole source. Address the expertise of the contractor, management, responsiveness, program knowledge and experience of contract personnel. Also provide the results of a market survey to determine competition availability or address why a market survey was not conducted. 3. Indicate the contract period and explain the potential impact on contract deliverables if due dates are not met. Relate this information to the approval period for yourgrant award. Estimate the time and cost to hire a competent replacement should the current contractor default. 4. Describe what is unique about the project and the proposed sole source contractor that would warrant a sole source contract. 5. Explain any other points you believe should be coven pact fnr a sole source contract. 6. Make a declaration that the action to be taken is in the A& -1 pient and the implementing agency. TI ^ , tl,, k` NOTE: c1 If sole source procurement of contractual services anc ire, justification for sole source procurement must be subs1° _ Enforcement for approval. All the foregoing components must be addressed. Start on the next page and use continuation pages as necessary. If the sole source procurement is less than $900,000, the applicant should complete this form and maintain it in the program files available for monitoring and for audit. FDLE JAG Grant Application Package Rule Reference I ID -9.006 Sole Source Form Page 1 of 3 OCJG -011 (Rev. October 2009) SOLE SOURCE JUSTIFICATION FOR SERVICES AND EQUIPMENT REQUEST FOR APPROVAL FORM Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program 1. Currently the Winter Springs Police Department has no dedicated command post that can provide the resources and equipment needed to handle calls for service of this nature that can occur in a city like ours. Even though we are a bedroom community, just in the last five years we have been the lead story on the national news twice where a command post was necessary. We had to rely on another agency to respond. The delay caused some issues that could have been alleviated if we had a command post. 2. See Attachment labeled Services Memorandum No. 01 (2005-06) 3. N/A 4. PRIDE price agreements are listings of Division approved products and services offered by PRIDE from which an agency may purchase without competitive bid. PRIDE price agreement are established upon verification of pricing methodology, general specifications and quality assurance. This process is established in part to provide a method for determining comparability of price and quality to other approved vendors. F.S.S. 287-Agencies may award contracts to PRIDE for goods or services after joint development of requirements and specifications, and negotiation of price. Such contracts may be awarded without competitive procurement or in conjunction with any established procurement method. 6. Authorized by the Legislatuiz Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) is a state-authorized, private, not-for-profit, internationally recognized inmate training company operating general manufacturing and services facilities in correctional institutions throughout the State of Florida. Since 1981, when the Florida Legislature authorized the company to manage and operate the state's correctional industries, PRIDE has trained thousands of prison inmates and has provided them with marketable and accredited job skills. According to PRIDE's 2010 Annual Report, PRIDE inmates worked over 3.5 million hours producing goods and services. An average of more than 2,200 inmates worked in PRIDE work programs daily. 3,992 inmates worked for PRIDE during the year in 41 diverse industries, farms, and operations located in 29 correctional institutions across the state. Many of these inmates were trained in modern high technology trades including print and digital information, garments and apparel, furniture manufacturing, vehicle renovation, metal fabrication, and dental and optical laboratories. FDLE JAG Grant Application Package Sole Source Form Rule Reference 11 D-9.006 Page 2 of 3 OCJG-011 (Rev. October 2005) SOLE SOURCE JUSTIFICATION FOR SERVICES AND EQUIPMENT REQUEST FOR APPROVAL FORM Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program r. Florida Statute 946.516 (2) states: 'The department shall include, as a portion of its annual report, a report on post release job placement and the rate of subsequent contact with the correctional system for those inmates who have participated in the correctional work programs operated by the corporation and by the department." According to PRIDE's 2010 Annual Report, PRIDE provided transition services to and job placement to 700 participants. 69% of PRIDE-trained former inmates were placed in jobs. After 6 months, 70% were still employed. In addition, according to PRIDE's recidivism study, only 13.5% of PRIDE's former workers returned to prison in the two years following release from prison ( 2008 data). FDLE JAG Grant Application Package Sole Source Form Page 3 of 3 Rule Reference 11 D-U016 OCJG-01 1 (Rev. October 2005) 7 fir: I: C 4717 11 It R77 c: 1I I14t1, Florida e a ent of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302 -1489 (850) 617 -1250 criminaliustice@fdle .state.fl.us •' •> • ' d=ff 016 •; SFY2014 ]AG Standard Conditions Page 1 of 22 Rev. 09/2013 Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 18 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) (www.oip. usdoi .gov /financiaiguide /index.htm) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance ( www.bia.gov /ProgramDetails.aspx ?Program ID =59 ) as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: Florida Administrative Code, Chapter 11 D -9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program ": www.flrules.org/ Office of Management and Budget (OMB) Circulars: www.whitehouse.gov /omb /circulars • A -21 (2 CFR 220), "Cost Principles for Educational Institutions" • A -87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" • A -102, "Grants and Cooperative Agreements with State and Local Governments" • A -110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" • A -122 (2 CFR 230), "Cost Principles for Non - Profit Organizations" • A -133, "Audits of States, Local Governments, and Non - Profit Organizations" Code of Federal Regulations: vvwNv.gpo.gov/fds 2 CFR 175.15(b), "Award Term for Trafficking in Persons" o 28 CFR 38, "Equal Treatment for Faith -Based Organizations" 0 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) o 28 CFR 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)" o 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63 ® Public Law 109 -162, Title XI— Department of Justice Reauthorization, Subtitle B— Improving the Department of Justice's Grant Programs, Chapter 1— Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: www.bia.2ov/ProgramDetails.aspx ?Program ID =59. ® United States Code: www.gpo.gov /fdsys/ o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" ® State of Florida General Records Schedule GS1 -SL for State and Local Government Agencies: dlis. dos. state. fl. us /harm /genschedules /GS1- SL.pdf. 2. Requirements for Contractors of Subgrant Recipients The subgrant recipient assures the compliance of all contractors with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.G. 3711 et seq. at www.gpo. og v /fdsys /); the provisions of the current edition of the Office of Justice Programs Financial Guide (www.ojp. usdoi .gov /fi.nancialguide /index.htm)-, and all other applicable federal and state laws, orders, circulars, or regulations. SFY2014 JAG Standard Conditions Page 2 of 22 Rev. 09/2013 Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87. "Coot Principles for State. Local and Indian Tribal Governments," or OMB Circular A-21, "Cost Principles for Educational Institutions." b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A+11D. or OMB Circular A,102. and Florida law (obe eligible for reimbursement. 4. Reports a. Project Performance Reports (1) Reporting Time Frames: The subgnani recipient nho|| submit Quarterly Project Performance Reports to the Florida Department ofLaw Enfoncement, hereafter known as the Department, within fifteen (15) days after the end of the reporting period. In addition, if thesubgnent award period is extended beyond the "original" project period. additional Quarterly Project Performance Reports shall bnsubmitted. Failure h) submit Quarterly Performance Reports that are complete, ocuunyha and timely may result in sanctions, as specified in item 18, Performance of Agreement Provisions. (2) Report Contents: Perh1nnence Reports must include a response to all objectiveu included in your oubgnanL A detailed naopnnoe 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. (3) Submission: Performance Reports may be submitted by the Project Director, Application Manager, or Performance Contacts. t, Financial Reports (1) Project Expenditure Reports (a) The aubgnant recipient ahuU have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty (30) days after the end of the reporting period. |n addition, if the uubgrantaward period is extended, additional Project Expenditure Reports shall be submitted. (b) All project expenditures for reimbursement ofaubgnantrecipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgran( Information Management ON-line (S|PWON)system. (c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (d) Before the "final" Project Expenditure Report will be processe, the uubgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure ho comply with the above provisions shall result in forfeiture of reimbursement. (e) Reports are tobe submitted even when no reimbursement is being requested. SFY214 JAG Standard Conditions Page 3of 22 Rev. 09/2013 (f) The report must be electronically signed by the subgrant recipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. (2) Financial Closeout Audit (a) The Financial Closeout Audit shall be submitted to the Department within forty-five (45) days of the aubgnant expiration date. (b) The Financial Closeout Audit must be electronically signed by the oubgrantrecipient or implementing agency's Chief Financial Officer or the Chief Financial Office (3) Project Generated Income (PQ|) (a) If applicable, the aubgrant recipient shall submit Quarterly PG| Earnings and Expenditures Reports h» the Department within thirty (30 days after the end ofthe reporting period covering aubgnant project generated income and expenditures during the previous quarter. |f any PQ| remains unspent after the oubgrent ends, the aubQrant recipient must continue submitting quarterly PS| reports until all funds are expended. (See Item 11. Program |noume.) (b) PGI Earnings and Expenditures reports must be electronically signed by the subgrant recipient or implementing agency's chief financial officer nr the chief financial officer's c Other Reports The subgrantnecipient shall report to the Uniform Crime Report and other reports as may bo reasonably required by the Department. 5. Fiscal Control and Fund Accounting Procedures o. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide the Common Rule, and OMB Circulars A-21.A'87. and A,11U. or A-1 02 as applicable, in their entirety. b, The subgrantnecipient is required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them. As a subgnynt recipient, you must have a financial management system in place that is able to record and report on the naoeipd, ub|igatiun, and expenditure of grant funds. An adequate accounting system for xubgnontnaoipient must be able to accommodate afund and account structure to separately track neoeipto, oxpenditureu, assets, and liabilities for awards, pmgnamo, and aubgnantrocipiento. u. All funds spent on this project ehm|| be disbursed according to provisions of the project budget oa approved by the Department, d. All funds not spent in accordance with this agreement shall be subject to repayment by the eubgrant recipient. 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. Fuhhennona, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 3FY2 14]AGStandard Conditions Page 4ofZI Rev. 09/2013 Obligation ofSubgrant Recipient Funds Gubgnant funds shall not under any circumstances be obligated prior to the effective daba, or subsequent to the termination date, of the subgrant award period. Only project costs incurred nn or after the effective dote, and on or prior to the termination date of the eub0nant recipient's project are eligible for reimbursement. All payments must be completed within thirty (30) days of the end of the oubgnsntperiod. 8. Advance Funding Advance funding may be provided to e subgrant recipient upon n written request to the Department. The request must be electronically signed by the subgnant recipient orimplementing agency's Chief Financial Officer or the Chief Financial Officer designee. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund may or may not be an interest bearing account. b. The account may earn interest, but any earned interest must bn used for program purposes and expended before the federal grant period end date. Any unexpended interest remaining at the end of the federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 10. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the oubgnond recipient does not have o written travel pn|icy, cost of all travel will be reimbursed according to State of Florida Travel Guidelines § 112,061, Fla. Stat. it Program Income (also known aoProject Generated Income) e. All income generated as a direct naaub ofaaubgnant project shall be deemed program income. b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report bu report how much PG| was earned during each quarter- A report must be submitted each quarter even if no PG| was earned or expended. PG| Earnings and Expenditures reports must be electronically signed by the aubgnant recipient or implementing agency's Chief Financial Officer nrthe Chief Financial Officer designee. u PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award. |f the cost ia allowable under the federal grant program, then the cost would be a||ovmab|a using program income. PG| budget requests must be signed by the subgrant recipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. Program income should be used as earned and expended as soon as possible. Any unexpended PG| remaining at the and of the federal grant period must be submitted to OCJG for transmittal to the Bureau of Justice Assistance. 12. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) per eight-hour day. A detailed justification must be submitted to and approved by FDLE prior to obligation or expenditures of such funds. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide. the Common Ru|e, and in applicable state statutes. The Department's approval of the nubgrant recipient agreement does not constitute approval of consultant contracts. |f consultants are hired through a competitive bidding process (not sole nnumo). the $45U threshold does not apply. SFY20143AG Standard Conditions Page Snf22 Rev.09/2013 13. Property Accountability a. The subgrant recipient agrees to use all non - expendable property for criminal justice purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat. b. The subgrant recipient 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 to federal property management standards set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A -110 or A -102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 14. 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 Office of Justice Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A -114 or A -102, as applicable. 15. Copyright The awarding agency reserves a royalty -free non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 16. Patents If any program produces patentable items, patent rights, processes, or inventions, in the course of work sponsored by the federal award or subaward funds, such facts must be promptly and fully reported to the awarding agency. a. Unless there is a prior agreement between the subgrant recipient and the Department on disposition of such items, the Department may determine whether protection on the invention or discovery will be sought. b. The Department will also determine how rights in the invention or discovery (including rights under any patents issued) will be allocated and administered in order to protect the public interest consistent with "Government Patent Policy" ( "President's Memorandum for Heads of Executive Departments and Agencies," dated August 23, 1971, and statement of Government patent policy, as printed in 36 Federal Register 16839). c. Government regulations have been issued in Title 37 CFR Part 401 by the U.S. Department of Commerce. W. Publication or Printing of Reports The subgrant recipient 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 subgrantee understands and agrees that any training materials developed or delivered with grant funding must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees available at www. oip. usdoj.gov /funding/ojptrainin�41a.uidin rind lep s.htm SFY2014 JAG Standard Conditions Page 6 of 22 Rev. 0912013 All materials publicizing or resulting from award activities shall contain the following statements: 'This project was supported by Grant No. [contact the Office of Criminal Justice Grants for award number] awarded by the Bureau of Justice Assistance. The Bureau nf Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Junboo. the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering. and Tracking. Points of view oropinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 18. Audit a. Gubguant recipients that expend $500 ,000 or more in a year in federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal C>N1B Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract numbor. CFOA number, award amount, contract period, funds received and disbursed. When app|ioeb|e, the oubgnant recipient shall submit an annual financial audit that mwsdn the requirements of § 11.45. Fla. 8tad. . "Definitions; duties; authorities; reports; rules."; G 215.97. Fla. 8tmL "Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550. ^Luoa| Governmental Entity Audits" and Chapter 10.650. "Florida Single Audit Act Audits Nonprofit and For-Profit (}rgenizoUona.^ b. Acomplete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its oompleUon, but no later than nine (9) months after the audit period. In order to be uomplehs, the submitted report aheU include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. o. The aubgnant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The aubgrant recipient ohmU take appropriate corrective action within nix (G) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The aubgnant recipient shall ensure that audit working popana are made available tnthe Departmant, or its deaignee, upon request for e period of three (3) youno from the date the audit report io issued, unless extended in writing by the Department, f. Subgrant recipients that expend less than $500,000 in federal awards during a fiscal year are exempt from the audit requirements of OyN8 Circular A-133 for that fiscal year. In this caoe, written notification, which can be in the form of the "Certification of Audit Exemption" form, abaU be provided to the Department by the Chief Financial Officer, or daeignea, that the aubgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end nf the fiscal year. g If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. A scanned copy of the completed audit reports or a link to the electronic audit report should be sent via email bo criminaljusticeQfdle.state.flus or mailed to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 SFY2014 JAG Standard Conditfions Page 7 of 22 Rev. 0912013 Tallahassee, Florida 323O24488 19' Performance of Agreement Provisions In the event of default, or violation of any provision of this agreement bythe subgnand recipient, the subgnant recipient's consultants and mupp|iern, or both, the Department shall impose sanctions it deems appropriate including withholding payments and oanmaUsdion, temninsdion, or suspension of the agreement in whole or in pad. In such avant. the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The wubgnunt recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 21 Commencement ofProject aUmproject is not operational within 60 days of the original start date of the award period, the eubArant recipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b.Keproject is not operational within 90 days of the original start date of the award period, the oubgnant recipient must submit a second statement to the Department explaining the implementation delay, c Upon receipt of the ninety (90) day letter, the Department ohuU determine if the reason for delay is justified or oho|i at its discrebon, unilaterally terminate this agreement and re- obligate oubgrant funds ho other Department approved projects. The Departmant, vvhenn warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 21. Excusable Delays a. Except with respect to defaults of consultants, thaoubgnan recipient shall not bein default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure uhuea out ofcauses beyond the control and without the fault or negligence of the aubgnynt recipient. Such causes include, but are not limited bo, acts of God or of the public enemy' acts of the government in either its sovereign or contractual capacity, finao, f|ooda, epidemioa, quarantine naotrictiono, edhkeo' freight embargoes, and unusually severe weather, but in every oane, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control ofmubgrant recipient and consultant, and without fault or negligence of either ofthem, the subgrant recipient shall not be deemed in default, unless: (1) Supplies orservices to be furnished by the consultant were obtainable from other (2) The Department ordered the oubgnant recipient in writing to procure such supplies or services from other sources, and (3) The uubgrant recipient failed to reasonably comply with such order. o. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such faKura, and if the Department dahanninen that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 22. Written Approval of Changes in this Approved Agreement (Grant Adjustments) m. Gubgnand n»oipkante must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, SR2014 JAG Standard Conditions Page 8of22 Rev. 09/2013 implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item. c. Under no circumstances can transfers of funds increase the total budgeted award. d. Requests for changes to the subgrant agreement must be electronically signed by the subgrant recipient or implementing agency's chief official or the chief official's designee. e. Any certifications required for the requested changes, such as Sole Source, ADP Justification, Privacy Certification forms, and Confidential Funds certifications, must be signed by the subgrant recipient or implementing agency chief official or someone with formal, written signature authority for the chief official. 23. 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 subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty -one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla. Stat., and in procedures set forth in Rule 28- 106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under § 120, Fla. Stat. 24. 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. 25. Access to Records a. 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 subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of § 119, Fla. Stat., and made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient 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. 26. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of five (5) years from the date of the final financial statement and be available for audit and public disclosure upon request SFY2014 JAG Standard Conditions Page 9 of 22 Rev. 09/2013 of duly authorized persons. The subgrant recipient shall comply with State of Florida General Records Schedule GS1 -SL for State and Local Government Agencies: dlis. dos. state .fl.us /barm /p,enschedules /GS I- SL.pdf. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Officials for the Subgrant recipient or Implementing Agency, project staff must notify the help desk for FDLE's online grants management system, SIMON ( Subgrant Information Management Online) so that the organization can be updated in SIMON. If the project director changes, a grant adjustment must be entered in SIMON to reflect the change. 28. 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. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to § 435, Fla. Stat., using the level 2 standards set forth in that chapter. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court Programs." SFY2014 JAG Standard Conditions Page 10 of 22 Rev. 09/2013 20' Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice ayabam in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System The nubgnsnt recipient egnaeo that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 23. Criminal Intelligence Systems Operating Po|icieo, if the Office of Justice Programs determines this regulation to be applicable. Should the Office uf Justice Programs determine 28C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its diuoretion, perform audits of the aystenn, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 ocour, the oubQnont recipient may be fined on per 42 U.S.C. 3788g(o)'(d). Thooubgnant recipient may not satisfy such a fine with federal funds. b. The nubgnantee understands and agrees that no awarded funds may bo used tn maintain ur establish a computer network unless such network blocks the vkawing, downlooding, and exchanging of pornography. In doing ao the aubgrantee agrees the these restrictions will not limit the use of awarded funds necessary for any hadoro[ stabe, tribal, or local law enforcement agency nr any other entity carrying out criminal inveotigediona, prosecutions, or adjudication activities. 32. Confidential Funds A signed certification that the project director nr the head oJ the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. Civil Rights Compliance a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of rooe, ooku[ national ohQin, re|igion, sex, disabi|ity, or age infunded programs or activities. All subgrant recipients, implementing agencies, and contractors must comply with any applicable uby utoh|y-impooed nondiscrimination naquinumenta, which may include the Omnibus Crime Control and Safe Streets Act of 1988 (42 U.S.0 § 3789d); the Victims of Crime Act (42 U.G.C. §1OGD4(e)); The Juvenile Justice and Delinquency Prevention Act uf2O02(42U8.C. §5G72(b)); the Civil Rights Act of1QG4 (47 U.S.C. § 2008d); the Rehabilitation Act of1973 (29 U.&C. § 7 84); the Americans with Disabilities Ad of 1900 (42 U.&C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1881. 1883, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); and Department of Justice Non-Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith- based and community o,ganirotiono). b. FOLE does not discriminate on the basis of race, color, religion, national origin, sex, disabUhy, or age in the delivery of services or benefits or in employment. The subgrant recipient must notify program participants and beneficiaries that it does not discriminate on the basis of race, co|or, national nrigin, ra|igion, oex, disobiUty, and age in the delivery ofservices or benefits or in employment practices. c, Subgrant recipients are responsible for ensuring that oonbedom, vendors, and agencies to whom they pass-through funds are in compliance with all Civil Rights requirements and that the oontnsctons, vendora, and agencies are aware that they may file e discrimination complaint with the subgrant recipient, with FDLE, or with the Office for Civil Rights and how to do so. SFY2014]AG Standard Conditions Page 11 of 22 Rev. 09/2013 d. Equal Employment Opportunity Plans (1) A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on -line short form at www.ojp.usdoj.gov /about /ocr /eeop comply, must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. (2) If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. (3) A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. (4) The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. e. In the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to FDLE and to the Office for Civil Rights, Office of Justice Programs. f. In accordance with federal civil rights laws, the subgrant recipient shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. g. Subgrant recipients must include comprehensive Civil Rights /Nondiscrimination Provisions in all contracts funded by the subgrant recipient. h. If the subgrant recipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a complaint with the subgrant recipient, with FDLE or with the Office for Civil Rights. Discrimination complaints may be submitted to FDLE at Office of the Inspector General, Post Office Box 1489, Tallahassee, Florida 32302 -1489 or on -line at www.fdle.state.fl.us /contacts /comment formItml. Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S.. Department of Justice, 810 7t' Street, Northwest, Washington, D.C. 20531, or by phone at (202) 307 -0690. i. The subgrant recipient must have procedures in place for responding to discrimination complaints that employees and clients, customers, and program participants file directly with the subgrant recipient. j. The subgrant recipient must have written policies or procedures in place for notifying program beneficiaries how to file complaints alleging discrimination by the subgrantee /implementing agency with FDLE or the OCR. k. Any discrimination complaints filed with FDLE will be reviewed by FDLE's Inspector General and referred to the Office for Civil Rights, the Florida Commission on Human Relations, or the Equal Employment Opportunity Commission, based on the nature of the complaint. 1. Americans with Disabilities Act SFY2014 JAG Standard Conditions Page 12 of 22 Rev. 09/2013 Gubgrant recipients must comply with the requirements of the Americans with Disabilities Act (A[V\. Public Low 101-338. which pnrhUudy discrimination by public and private entities on the basis of disability and naquin*e certain accommodations be mode with nagond to employment (Title |), state and local government services and transportation (Title )|). public accommodations (Title 111), and telecommunications (Title IV). m. Rehabilitation Act of 1973 (28 C.F.R. Part 42, Subpart G) If the subgrant recipient has 50 or more employees and receives DOJ funding of $25,000 or more, the subgrant recipient must take the following actions: (i) Adopt grievance procedures that incorporate due process standards and provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Section 504 of the Rehabilitation Act of 1973' hound at 28 C.F.R. Part 42, Subpart G. which prohibit discrimination on the basis of disability in employment practices and the delivery ofservices. (2) Designate aperson to coordinate compliance with the prohibitions against disability discrimination contained in 28 C.F.R. Part 42, Subpart G. (3) Notify participants, baneficiarieo, employaeo, app)icants, and others that the subgrantee/implementing agency does not discriminate on the basis of disability. n. Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title Nof the Civil Rights Act of 1964. 42 U.&C. § 2000d. recipients of federal financial assistance must take reasonable abapo to provide meaningful uoceaa 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|u, please see the weboite at . FOLE strongly encourages aubgnsnt recipients to have avvrhten LEP Language Access Plan. n. Title D(of the Education Amendments of1872(28C.F.Fl Part 54) If the uubgnand recipient operates an education program or octivky, the subgrant recipient must take the following actions: (1) Adopt grievance procedures that provide for the prompt and equitable resolution of complaints alleging m violation of the DOJ regulations implementing Title CK of the Education Amendments of 1972. found at 28 C.F.R. Part 54, which prohibit discrimination on the basis ofsex. (2) Designate a person to coordinate compliance with the prohibitions against sex discrimination contained in 28 C.F.R. Part 54. (3) Notify applicants for admission and employment, employees, students, and others that the subgrantee/implementing agency does not discriminate on the basis of sex in its educational programs or activities. p. Equal Treatment for Faith Based Organizations The subgrantnecipient agrees to comply with the applicable requirements of 28CFR.Part 38. the Deportment of Justice regulation governing "Equal Treatment for Faith 8omod Organizations" (the "Equal Treatment Regulation"). 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 wmnuhip, religious inotruction, or prooa|ytizetion. Recipients of direct grants may still engage in inherently religious autivitieu, but such activities must beseparate in time or place from the Department of Justice funded SF92O14 JAG Standard Conditions Page 13of22 Rev. 09/2013 program, and participation in such activities by individuals receiving services from the grantee orm sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of oen/inen on the basis of beneficiary's religion. The mubQrantee also understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from the awond, or the parent or legal guardian of such students. Notwithstanding any other special condition of this mwond, faith- based organizations may, in some niroumsbanneo, consider religion as a basis for employment. Soo . 34. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien wmrkers, constituting o violation of the employment provisions contained in 8 U.O.C. Section 1324u(a), Section 274A(e) of the Immigration and Nationality Act (^|NA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(o) of the |NA. Such violation by the oub8rant recipient of the employment provisions contained in Section 274A(e) of the |NA shall be grounds for unilateral nonoe||pdion of this contract by the Department. 35. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FOBincomplying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use ofaubgnantfunds by the oubgrant recipient. This applies to the following new activities whether or not they are being specifically funded with these aubgusnt funds. That is, it applies as long oa the activity is being conducted by the nubgnant recipient or any third party and the activity needs to be undertaken in order to use these aubgnant funds. (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; (3) A renovation, lease, orany other proposed use ofa building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size-, and (4) Implementation of now program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally umed, for examp|e, in office, houaehold, recreational, or educational environments, (5) Implementation of a program relating to clandestine methamphebamino laboratory openatione, including the identifcation, oeizune, or closure of clandestine methamphetamine laboratories. Thasubgrant recipient understands and agrees that complying with NEPAmay require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau cf Justice Assistance. The subgrant recipient further understands and ognanu to the requirements for implementation of o Mitigation P|an, as detailed by the Department of Justice at ' for programs relating to methamphetumino laboratory operations. o. For any of e oubgnant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded 3FY014 JAG Standard Conditions Page 14of22 Rev. 09/2013 program or activity. 36. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Y0ethamphntamimeLeboratories If an award is made to support nnethamphetamine laboratory operations the mubgnynd recipient must comply with this oondiUon, which provides for individual site environmental assessm ent/i m pact statements as required under the National Environmental Policy Act. General Requirement: The oubgrantrecipient 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 chemioa|s, equipment, and wmatao used in or resulting from the operation of these Specific Requirements: The aubgraht recipient understands and agrees that any program ov initiative invoking the idenhfication, seizure, or closure of clandestine methamphotemine |mbnnaboheo can result in adwamo health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any remidonto, 000upanto, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse hmaKh, oefob/ and environmental impacts from any of clandestine msthamphetemine operations funded under this owavd, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, on necasaary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the oubgnanL In so doing, the aubgnant recipient 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. (1) Provide medical screening of personneeeignedorto be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the aubgrant recipient to either the seizure or closure of clandestine met6amphedamine laboratories; (3) As determined by their specific duUaa, equip personnel aauk]nod to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated g|aamvwane, equipment, and contaminated materials and wastes from thesha(a) of each seized clandestine laboratory; (G) Dispose of the chemimda, equ\pmerd, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the tnonupo¢ dispona\, and recycling components of subparagraphs 5 and G immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with e responsible State environmental agency that provides for that agency's (i) timely SFY2014 JAG Standard Conditions Page 15of22 Rev. 09/2013 evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) 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 (9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) 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; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow -up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 37. Non - Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Nonprocurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and their principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application had one or more public transactions (federal, state, or local) terminated for cause or default. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant certifies that: SFY2014 JAG Standard Conditions Page 16 of 22 Rev. 09/2013 (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undmaigmed, to any person for influencing or attempting to influence an officer or employee of any ogenoy, a Member ofCongress, an officer cvemployee of Congress, or an employee of yNmnbar of Congress in connection with the making of any federal gnant, the entering into nf any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; (2) If any funds other than federal appropriated funds have been paid ur will be paid toany person for influencing mattempting to influence on officer memployee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form ' LLL. "Disclosure of Lobbying Activities," in accordance with its instructions; CA The undersigned shall require that the language of this certification be included in the award documents for all mubewvardn at all tier (including mubgnants, contracts under grants and cooperative agreements, and subcontracts) and that all oubgranirecipients shall certify and disclose accordingly, 39. State Restrictions onLobbying In addition to the provisions contained in Item 36, above, the expenditure of funds for the purpose of lobbying the legislature oro state agency io prohibited under this contract. 40. Additional Restrictions onLobbying The eubgrant recipient understands and agrees that it cannot use any federal tundn, either directly or indireok/, in support of the enaotmord, nspea|, modification or adoption of any |aw, regulation or policy, at any level of government, without the express prior written approval of the Office uf Justice Programs. 41. "Pay—to—Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Fudbennona, 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 oity, uounty, or municipality. It does not include juvenile detention centers. "Pay-to- stay" programs as referenced in this uundition, means a program by which extraordinary services, amenities end/or eocommodadiono, not otherwise available tothe general inmate popu|ation, may be pnovidad, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. The Coastal Barrier Resources Act The subgrant recipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L 97'348 ) dated October 19. 1982 (16 USC 3501 et oeq,) which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 43 Enhancement ofSecurity If funds are used for enhancing security, the uubgrantrecipient agrees to: a. Have an adequate process to assess the impact of any enhancement of school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. SFY2014]AG Standard Conditions Page 17 of 22 Rev.09/2013 44. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrant recipient 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. 45. Flood Disaster Protection Act The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 46. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a -1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. §4321). 47. Human Research Subjects Subgrant recipient agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 48. 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 grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: wwtiv.it.oip.gov /gsp grantconditiom Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 49. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by FDLE. 50. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 G.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Subgrant recipient further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 51. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the subgrant recipient agrees to maintain an SFY2014 JAG Standard Conditions Page 18 of 22 Rev. 09/2013 administrative file documenting the meeting of this requirement For a list of State |nhznnahon Technology Points Of Contact, go to 52. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such oyobamo shall emp|oy, to the extent poaoib|a, existing networks au the communication backbone ioachieve interstate connectivity, unless the Vubgnont recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be onot effective or would impair the functionality of an existing or proposed |Tsystem. 63. Supplanting The aubgnant recipient agrees that funds received under this award will not be used to supplant mhsha or local funde, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 54. Conflict ofInterest The aubgnant recipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 55. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrantnecipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 W2 U3,C. § 4601 et seqj, which gmmm the treatment of persons displaced as a result of federal and federally-assisted programs. 56. Limitations unGovernment Employees Financed by Federal Assistance Theaubgrant recipient will comply with requirements of5U.S.C, §§1501-08and §§ 7324-28. which limit certain political activities of State or |noe| government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 57. Certification for Employees Working Solely onm Single Federal Award For any position that works 100% of its time onasingle federal award, the employee must certify that 1O096nf his or her time was spent working on that federal award. This requirement applies to both full time and part time positions regardless of the percentage of the position's salary that is charged to the grant. The certification must be signed by both the employee and the employee's direct supervisor having firsthand knowledge of the work performed by the employee. The forms must be submitted semi-annually and may not be signed prior to the end of the reporting period. Certifications must ba provided to cover the entire grant period. 58.Timemheets Timesheets must be kept for all project staff whose hours will be charged to the project. The timesheets must be signed by the supervisor and clearly indicate hours spent on project activities. 59. Additional Documentation of Personnel for Department of Financial Services In accordance with Section 215.971. Florida Statutes, the Florida Department of Financial Services may require documentation validation that personnel services were performed on project-related activities in accordance with the contract agreement. 60. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct Theaubgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a phncipa|, amp|oyeo, agent, contractor, subcontractor, or other person has either 1) submitted afa|me claim for grant funds under the SFY2O14 JAG Standard Conditions Page 19ofZ2 Rev. 09/2013 False Claims Act; or2) committed a criminal m civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds 61. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award, each member of a law enforcement task force funded with these funds who ise task force commander, agency executive, task force officer, or other beak force member of equivalent nenk, will complete required online (internet- based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership . All current and new task force members are required to complete this training once during the life ofthe awand, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil |ibertioo/hghtn, task force performance meaouroment, personnel oo|ecLinn, and task force oversight and accountability. When FDLE award funds to support o task force, the aubgnant recipient must compile and maintain ataak force personnel roster along with course completion certificates. Additional information is available regarding this required training and access methods via BJA'o web site and the Center for Task Force Integrity and Leadership . 82. Funds to Association of Community Organizations for Reform Now Unallowable Subgrant recipient understands and agrees that it cannot use any federal funds, either directly or indinac|y, in support of any contract or aubaword to either the Association of Community Organizations for Reform Now (ACORN) or its aubaidiarieo, without the express prior written approval ofOJP. 63. High Risk 8wb0rant Recipients The subgrant recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the U.S. Department of Juohuo determines that the aubgrantrauipiont is a high-risk grantee. Cf. 28 C.F.R. parts SG. 70� 64. Text Messaging While Driving Pursuant to Executive Order 13513. "Federal Leadership on Reducing Text Messaging While Driving," 74 Fad. Reg. 51225 (October 1, 2009). Mheoubgnant recipient is encouraged hoadopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this subgrant and to establish workplace safety policies and conduct aducation, awmnaneau, and other nutnumoh to decrease onyaheo caused by distracted drivers. 65. System for Award Management (SAM) The subgrant recipient must maintain current information in SAM until it submits the final financial report required under this award or receives the final payment, whichever is |abar. This requires that the oubgnant recipient 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. GG. 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 eubgnant recipient whose total annual cash compensation exceeds 110% of the maximum salary payable to a member of the Federal government's Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year. (The salary table for 3ES employees is available at . A nubgmnt recipient may compensate an employee atm higher rate, provided the amount in excess ofthis compensation limitation is paid with non-federal funda.) 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 is made. SFYlO14 JAG Standard Conditions Page 0of22 Rev. 09/2013 67. 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 (CODIS), by a government DNA lab with access to CODIS. No profiles 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 Program, available at ncjrs .gov /pdffilesl /nij /sIO00989.pdf. 68. Interoperable Communications Guidance Subgrant recipients that are using funds to 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 www.safecompro rg_am.gov/ library /Iists /library /DispForm.aspx ?1D =334. Subgrant recipients Grantees interested in developing a public safety broadband network in the 700 MHz band in their jurisdictions must adhere to the technical standards set forth in the FCC Waiver Order, or any succeeding FCC orders, rules, or regulations pertaining to broadband operations in the 700 MHz public safety band. The subgrant recipient shall also ensure projects support the Statewide Communication Interoperability Plan (SCIP) and are fully coordinated with the full -time Statewide Interoperability Coordinator (SWIC). If any future regulatory requirement (from the FCC or other governmental entity) results in a material 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. Subgrant recipients must provide a listing of all communications equipment purchased with grant award funding (plus the quantity purchased of each item) to FDLE once items are procured during any periodic programmatic progress reports. 69. Ballistic- Resistant and Stab Resistant Body Armor Subgrant recipients that wish to purchase armor with JAG funds must certify that law enforcement agencies receiving vests have a written "mandatory wear" policy in effect. This policy must be in place for at least all uniformed officers before funding can be used by the agency for vests. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. FAQs related to the mandatory wear policy and certifications can be found at www.bia.gov/FundinzLJAGFAQ.12d funds may be used to purchase armor for an agency, but may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. Body armor purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (http: / /nij.gov). In addition, body armor purchased must be American -made. The latest NIJ standard information can be found at: www.nii gov /topics /technolog %y-armor /safety- initiative.htm. 70. BJA or FDLE Sponsored Events The subgrant recipient agrees to participate in BJA- or FDLE - sponsored training events, technical assistance events, or conference held by FDLE or BJA or their designees, upon FDLE's or BJA's request. 71. Expenses Related to Conferences, Meetings, Trainings, and Other Events The subgrant recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where SFY2014 JAG Standard Conditions Page 21 of 22 Rev. 09/2013 applicable) governing the use offederal funds for expenses related to confonanuaa, meetings, tnainingu, and other events, including the provision of food and/or beverages at such evento, and costs of attendance at such events. Information on pertinent lawn, regu|ationo, policies, and guidance is available at www.ojp.gov/funding—/confcost.htrn. 72' Environmental Requirements and Energy For aubgrants in excess of $100.000. the aubgront recipient must comply with all applicable atondando, urdem, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)). m*cUnn 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738. and Environmental Protection Agency regulations (4UCFR part 15). The subgrant recipient must comply with Mandatory standards and policies relating to energy efficiency which are contained in the abah* energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), if any. 73. Other Federal Funds The eubQmntemagrees that ifbcurrently has an open award of federal funds orifh 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 pad, for one or more of the identical cost items for which funds are being provided under this award, the subgrantee will promptly notify, in writing the grant manager for this evvard, and, if so requested by OCJG seek u budget modification or change ofproject scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 74. Monitoring The recipient agrees to comply with FDLEo grant monitoring guidelineo, pnotocnls, and prooedures, and to cooperate with FDLE on all grant monitoring naqueats, including request related to desk reviews, enhanced programmatic desk reviews, and /or site visits. The recipient agrees to provide FDLE all documentation necessary to complete monitoring of the award. Further, the recipient agrees to abide by reasonable deadlines set by FDLE for providing requested documents. Failure to cooperate with FDLE grant monitoring activities may result in sanctions affecting the recipient's award, induding, but not limited to: withholding and/or other restrictions on the recipient's access to funds referral to the Office of the Inspector General for audit review, designation of the recipient as a FDLE High Rick Qnonbsa, or termination of an 76. Unmanned Aerial Vehicles The recipient agrees that awarded funds may not be expended on unmanned aincnaft, unmanned aircraft uyab*ma, or aerial vehicles (U8. UAS. or U/YV) unless the BJA Director certifies that extraordinary and exigent circumstances axist, making them essential to the maintenance of public safety and good order. AddiUuna||y, any funding approved for this purpose would be subject to additional repurting, which would be stipulated by FDLE post award. SFY2014 JAG Standard Conditions Page 22of22 Rev. 0912013 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. I Typed Name and Title: Petrina T. Herring, Bureau Chief Date: CO t I f -2o Typed Name of Subgrant Recipient: city of winter Springs, Mayor Charles Lacey Signature: Typed Name and Title--. Date: Charles Lace} August 24, 2015 City of Winter Springs Typed Name of In6ementing Agency/. Winter Springs Police Department, Florida Signature: Typed Name and Title: Kevin P. Brunelle, Chief of Police Date: (Y, - < I - I - -'S - Application Ref # 2014-JAGD-1 734 Section #6 Page 1 of Contract -JAGD-SEMI- - - Rule Reference 11 D-9,006 OCJG-005 (rev. April 2005)