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HomeMy WebLinkAbout2016-12-01 GrantF®LE Florida Department of Law Enforcement Richard L. Swearingen Commissioner DEC 01 2016 Honorable Bob McPartlan Mayor City of Sebastian 1225 Main Street Sebastian, FL 32958 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. 2017-JAGC-INRI-3-F9-083 Dear Mayor McPartlan: 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 a Justice Assistance Grant (JAG) Countywide Program subgrant to your unit of government in the amount of $ 12,227.00 for the project entitled, PURCHASE EQUIPMENT. This subaward is approved under Florida's state JAG award 2016 -MU -BX -0073 from the Department of Justice (DOJ). These funds shall be utilized for the purpose of reducing crime and improving public safety and the criminal justice system. Enclosed is a copy of the approved subaward application with the referenced contract number and standard conditions. This subaward is subject to all administrative and financial requirements, including timely submission of all financial and performance reports and compliance with all standard conditions. Information from subawards and performance reports are provided to the DOJ Performance Measurement Tool (PMT) and Federal Funding Accountability and Transparency Act (FFATA) systems to meet federal transparency requirements. Contract and grant information is also provided to the State of Florida, Department of Financial Services (DFS) via the Florida Accountability Contract Tracking System (FACTS). This grant agreement and all correlating information including general contract, performance, amendment/modification information and a copy of the grant document is provided to FACTS to meet requirements under Chapter 2013-54 and 2013-154 Laws of Florida. If this agreement contains confidential or exempt information not subject to disclosure under Chapter 119, F.S., please contact the Office of Criminal Justice Grants (OCJG) for guidance on requesting exemption. Please complete and return the enclosed certification forms within 30 calendar days from the date of award. Completion of the Certificate of Acceptance constitutes official acceptance of the subaward and must be received by the Department prior to reimbursement of any project expenditures. Some costs require prior written approval from OCJG and DOJ before beginning project activities. If your subaward contains any such items or those listed on the Bureau of Justice Assistance (BJA) Controlled Expenditures List, a grant adjustment with accompanying written request will be required. A correlating special condition on your subgrant award in the Subgrant Information Management ON -Line (SIMON) system may also be included. We look forward to working with you on this project. Please contact me or Senior Management Analyst Supervisor Randall Smyth at (850) 617-1250 if you have any questions or we can be of further assistance. Ince y, T— Petrina Tuttle Herring �J Bureau Chief PTH/ar Enclosures Service • Integrity • Respect • Quality SUBGRANT AWARD CERTIFICATE Subgrantee: City of Sebastian Date of Award: 1 I I Q I 2 3l(o Grant Period: From: 10/01/2016 TO: 09/30/2017 Project Title: PURCHASE EQUIPMENT Grant Number: 2017-JAGC-INRI-3-F9.083 Federal Funds: $12,227.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $12,227.00 CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended Subpart 1 of such part (42 U.S.C. 3751-3759); the Consolidated Appropriations Act, 2008, Public Law 110-161; and Public Law 109-162, Title XI, Department of Justice Reauthorization, Subtitle B, Improving the Department of Justice's Grant Programs, Chapter 1, Assisting Law Enforcement and Criminal Justice Agencies, Section 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Office of Justice Programs (OJP) Financial Guide, Common Rule for State and Local Governments, or OMB Uniform Grant Guidance (2 CFR Part 200), in their entirety. It is also subject to the attached standard conditions and such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. This award is a cost -reimbursement agreement for satisfactory performance of eligible activities. Requests for reimbursement may be submitted quarterly or monthly as designated in the Financial Section of the agreement. Requests for reimbursement will be processed in conjunction with receipt and review of programmatic performance reports to determine successful completion of minimum performance for deliverables. Expenditures must be supported with documentation and verified during annual monitoring. Failure to comply with provisions of this agreement, or failure to meet minimum performance specified in the agreement will result in required corrective action up to and including project costs being disallowed, withholding of federal funds and/or termination of the project, as specified within the terms of the agreement and OMB Uniform Guidance 200.338 - 200.342. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. Authorized Official J j Petrina Tuttle Herring Bureau Chief II /gl2clU Date (/is award is subject to special conditions (attached). State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SPECIAL CONDITION(S) / GENERAL COMMENT(S) Awarding Agency: Office of Criminal Justice Grants Grant Number: 2017-JAGC-INRI-3-F9-083 Grant Title: PURCHASE EQUIPMENT In addition to the general conditions applicable to fiscal administration, the grant is subject to the following Special Conditions)/General Comment(s): Ref# S34870: By accepting this subaward, the subrecipient agrees to undertake a review to validate its compliance with 8 U.S.0 § 1373 as described in the Certificate of Acceptance of Subgrant Award. Documentation must be submitted by the City of Sebastian to FDLE's Office of Criminal Justice Grants by March 31, 2017. Failure to comply with this condition could result in the withholding of grant funds for all subawards for the City of Sebastian, suspension or termination of subgrants, ineligibility for future grants or subgrants, or other administrative, civil, or criminal penalties, as appropriate. Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Subgrant Recipient Organization Name: City of Sebastian County: Indian River Chief Official Name: Bob McPartlan Title: Mayor Address: 1225 Main Street City: Sebastian State: FL Zip: 32958 Phone: 772-453-8540 Ext: Fax: Email: bmcpartlan@cityofsebastian.org Chief Financial Officer Name: Ken Killgore Title: Finance Director Address: 1225 Main Street City: Sebastian State: FL Zip: 32958 Phone: 772-388-8205 Ext: Fax: 772-589-5570 Email: kkillgore@cityofsebastian.org Application Ref # 2017-JAGC-3003 Section #1 Page 1 of 2 Contract 2017-JAGC-INRI-3-F9-083 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide "ti �' -_.i 71,1 }M"';�. RIN . i •"P.ievfv `•ftQ i"'�-:--.:a.—,r!.. Implementing Agency Organization Name: City of Sebastian Police Department County: Indian River Chief Official Name: Michelle Morris Title: Chief of Police Address: 1201 Main Street City: Sebastian State: FL Zip: 32958-4165 Phone: 772-388-9750 Ext: Fax: 772-388-1872 Email: mmorris@cityofsebastian.org Project Director Name: Michelle Morris Title: Chief of Police Address: 1201 Main Street City: Sebastian State: FL Zip: 32958-4165 Phone: 772-388-9750 Ext: Fax: 772-388-1872 Email: mmorris@cityofsebastian.org Application Ref # 2017-JAGC-3003 Section #1 Page 2 of 2 Contract 2017-JAGC-INRI-3-F9-083 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide F li`2 1` 4" ' ' f. t 1g'j Rv '4 t , u is s: t z�3 e is 5r r� x s fir k sa �iz;3R st€*: az�,3x +t%szz� a x c tit .. �_ �x.:7.._ General Project Information Project Title: PURCHASE EQUIPMENT Subgrant Recipient: City of Sebastian Implementing Agency: City of Sebastian Police Department Project Start Date: 10!112016 End Date: 9/30/2017 Problem Identification With the ever increasing demand on law enforcement we are required to train officers to deal with many dangerous situations. We currently do not have the training tools needed to conduct comprehensive realistic training to prepare officers for responding to these life threatening challenges. The purchase of specialized training equipment will enhance the officers ability to train with minimal exposure of harm during these training scenarios. Project Summary (Scope of Work) We will be purchasing various training tools to enhance the office's reaction and abilities. Purchase of mats and training guns/weapons to use during role play for basic scenarios in defensive tactics and police procedures training classes. Purchase 3-D reactionary and non -reactionary targets to use during shoot/don't shoot scenarios on the range. Purchase various safety devices such as 5 point harnesses, helmets and neck supports to wear during defensive driving training. Purchase cameras to use in role play scenarios to capture officers performance to better critique officers in training situations. The more officers train with role play scenarios in a controlled environment the better their ability to react appropriately during a real life situation. Documentation to be provided will include: purchase order for items over threshold, invoices and cancelled checks to prove payment. Application Ref # 2017-JAGC-3003 Contract 2017-JAGC-INRI-3-F9- Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Section #2 Page 1 of 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide aC�•gy � ,r-.., �. � r '. > S� t uF tt ^Yat,4»".. } fL..t, r r .. S 'az's, r x« � •=�^3'�F� .�. �7�«s }.aj' .r4,f,��,,�a.� F—ffiv �' #vV3 UMP Section Questions: Question: What percentage of the total cost of this project is being funded by sources other than this award? Answer: 0 Question: What is the name of the jurisdiction(s) your agency provides service to. (e.g., City of Miami, Orange County, State of Florida) Answer: City of Sebastian Question: What is the address of the location being used to provide services for this project? Answer: 1201 Main Street Sebastian, Florida 32958 Question: Describe your agency. (e.g., non-profit, community based, government) Answer: Government Question: Have you verified that the subgrantee has an active and current registration in SAM.gov? Answer: Yes Question: What is the Operating Capital Outlay threshold used by the subgrantee? If the implementing agency is a sheriffs office, indicate the sheriffs office's threshold instead. Answer: $750.00 Question: Does the subgrantee receive a single grant in the amount of $750,000 or more from the U.S. Department of Justice? Answer: No Question: Does the implementing agency receive a single grant in the amount of $750,000 or more from the U.S. Department of Justice? Answer: No Question: In your organization's preceding completed fiscal year, did your organization (the subgrantee) receive at least (a) 80 percent or (b) $25,000,000 of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? Answer: No Question: If you answered yes above, does the public have access to information about the compensation of the executives in your organization (the subgrantee) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? If answer to Part 1, above, was "no," answer N/A. Answer: No Question: What is the combined population of the jurisdiction(s) your agency provides services to (according to the 2010 census)? Answer: 21929 Application Ref # 2017-JAGC-3003 Section #2 Page 2 of 2 Contract 2017-JAGC-INRI-3-F9- Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide t.� r z k4axLa# 3 `' .cam» t"Kai Wr rro�cr _s arc "?r 4 ^.::fi I. y" F ��.w �e 1^E•--+. -� ��� l� `Y max' i '"! �if �fia:J' J 4 '�? ,. �� � .j'' Y � +� i General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 01 - Law Enforcement (Includes Task Forces) State Purpose Area: 1 G - General Questions Objectives and Measures Objective: General Questions - General Questions for All Recipients Measure: General 01 Will your organization be using the crimesolutions.gov website during the grant period regardless of JAG funding? Crimesolutions.gov provides information on several crime reduction and prevention programs and practices. Goal: No Measure: General 02 Will your organization be using the The National Training and Technical Assistance Center (NTTAC) during the grant period, regardless of JAG funding? The NTTAC serves as BJA's training and technical assistance center. You can find resources, tools, webinars, and TTA support on a variety of criminal justice issues and initiatives. Goal: Yes Measure: General 03 Will your organization be using the NCJP.org website during the grant period, regardless of JAG funding? NCJP.org contains resources to support strategic planning, program development, and implementation of evidence -based policy and practice. Goal: Yes Measure: General 04 Will your organization be using the Evidence -Based Policing Matrix during the grant period regardless of JAG funding? The Evidence -Based Policing Matrix provides information on evidence -based practices for law enforcement. Goal: Yes Measure: General 05 Will your organization be using the What Works in Reentry Clearinghouse during the grant period regardless of JAG funding? The clearinghouse provides research on the effectiveness of reentry programs and practices. Goal: No Measure: General 06 Application Ref # 2017-JAGC-3003 Section #3 Page 1 of 3 Contract 2017-JAGC-INRI-3-F9- Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide •� r4 7" stn �ry� «.� ,j. -, ._� ..,TZ 1 .:.t-- �('S_ b- 3.t r 2 7 t' �-'7 - r - -. Will your organization be using Research to Practice during the grant period regardless of JAG funding? Research to Practice promotes the dissemination of research on drug courts to practitioners and policymakers. Goal: No Measure: General 07 Will your organization be using any other resources during the grant period regardless of JAG funding? If yes, please describe them. Goal: Yes we will utilize FDLE training models and curriculum. Measure: General 08 During the grant period, will your agency conduct or sponsor (with or without JAG funds) a survey or focus group of citizens on any of the following topics? Enter all that apply from the following list: Public satisfaction with police services; public satisfaction with prosecution services; public satisfaction with public defender/indigent defense services; public satisfaction with courts; public perceptions of crime/disorder problems; personal crime experiences of citizens; none of the above; unsure/don't know. Goal: Yes, Survey for public satisfaction with police services. Measure: General 09 During the grant period, which of the following community activities will your organization be involved in, with or without JAG funds and how often will they each occur (yearly, monthly, etc.)? Choose from the following list: Hosting community meetings; attending community meetings; distributing a newsletter, e-mail, or other bulletin; attending community events; conducting social media activities; conducting outreach to minority populations; other (please describe) Goal: Hosting community meetings (yearly), attend monthly community meetings, attending community events and conducting community outreach to minority population quarterly. Measure: General 10 Law Enforcement Agencies ONLY: In which of the following ways has your agency fostered community involvement in the last year? Enter all that apply from the following list: Citizen Review Board or other review board with citizen representation, Citizen's Police Academy, Internships for university or high school students, Volunteer Program, Auxiliary police officer program, Police Cadet Program, k-12 school programs, Youth Athletic Programs, Other (please Describe), None of the above, Unsure/Don't know. Goal: Citizen's Academy, Volunteer program, Internships with College students and K-12 school programs. Measure: General 11 Identify the goal(s) you hope to achieve with your funding. If you have Application Ref # 2017-JAGC-3003 Contract 2017-JAGC-INRI-3-F9- Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Section #3 Page 2 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide multiple goals, describe each goal separately. Goal: Maximize our training of officers to provide the community with the best possible service. Measure: General 12 Are the subrecipient and implementing agency aware that they will be required to report on the status of the identified goals during each reporting period? Goal: Yes Measure: General 13 Describe any barriers you may encounter which may prevent you from achieving your identified goal(s). Goal: If grant money isn't awarded we will struggle to provide the training needed. Measure: General 14 Are you aware that the Office of Criminal Justice Grants encourages recipients to report on any noteworthy accomplishments, success stories, or program results that they would like to showcase? Goal: Yes Measurer General 11 b What major activities are planned for each of your goals listed in question 11? Goal: Step up training from 1-2 times a year to at least 4 and provide role playing scenario training covering various topics and situations. State Purpose Area: 3E - Equipment, Supplies, and Technology Enhancements Objectives and Measures Objective: Equipment - Questions for all recipients purchasing Equipment, Supplies, and Technology Enhancements. Measure: Equipment 1 Do the Subrecipient and Implementing agencies understand that they will be required to submit an itemized account of all items purchased during each reporting period as part of their performance reporting? Goal: Yes Application Ref # 2017-JAGC-3003 Contract 2017-JAGC-INRI-3-F9- Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Section #3 Page 3 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide n General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR / Vendor Number: 596000427 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $1,985.00 $0.00 $1,985.00 Operating Capital $10,242.00 $0.00 $10,242.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $12,227.00 $0.00 $12,227.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2017-JAGC-3003 Section #4 Page 1 of 3 Contract 2017-JAGC-INRI-3-F9- Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide �i7 g -".�s i =j ilii � �.*• � 5 j f {' ! k _ f Y. i r x I Budget Narrative: Purchase of non capital expenses: HJC Open Face Helmets(9)-$640 Simpson Padded Neck Support(6)-$240.00 5 Point Harness Seat Belts(4)-$220.00 2 Cameras kits to includes: camera/video, chest harness, selfie stick, large case, HDMI cables, wrist strap for $400.00 each and 1 -tripod -$35.00 total -$835.00 Shipping for above items -$50.00 Total Non Capital Expenses -$1,985.00 Shipping included Capital Expenses: 1 -Training kit to include: Red Guns/Knives/Rifles/Tasers/Radios-$1975.00 DGS Folding Training Mats(8y$5480.00 3-D Targets and Target Systems used for reactionary and non reactionary shooting -$2,135.00 Total Capital Outlay -$10,242.00 Shipping Included Total Capital and Non Capital Expenses -$12,227.00 Any overages will be paid by the City of Sebastian. Application Ref # 2017-JAGC-3003 Section #4 Page 2 of 3 Contract 2017-JAGC-INRI-3-F9- Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide t 3"rg,� Section Questions: Question: If the budget contains salaries and benefits, will this project result in a net personnel increase, or continue to fund a prior federally grant funded net personnel increase? Answer: No Question: If Expenses or Operating Capital Outlay are included in your budget, what will be the method of procurement for those items? (e.g., competitive bid, sole source, state term contract) Answer: State term contract and purchase order. We are not required to use a competitive bid with the amount currently requesting. Question: If indirect cost is included, explain the indirect cost plan. Provide documentation of approval. Answer: N/A Question: If contractual services in the budget are based on unit costs, provide a definition and breakdown of cost for each service. Include the methodology for the unit cost plan and when it was approved. Answer: N/A Application Ref # 2017-JAGC-3003 Contract 2017-JAGC-INRI-3-F9- Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Section #4 Page 3 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section 5: Standard Conditions Insert Standard Conditions Page here. Application Ref # 2017-JAGC-3003 Section #5 Page 1 of 1 Contract 2017-JAGC-INRI-3-F9-083 Rule Reference 11D-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program STANDARD CONDITIONS The State of Florida, Department of Law Enforcement (FDLE or Department) is a recipient of federal JAG funds. FDLE, as the non-federal pass-through entity and State Administering Agency (SAA) for this program, subawards JAG funds to eligible units of government. All subawards made by FDLE to units of government under this program require compliance with the agreement and Standard Conditions upon signed acceptance of the subaward. The following terms and conditions will become binding upon approval of the application or subaward, and completion of the Certificate of Acceptance by the subrecipient. As a unit of government, the subrecipient will maintain required state and federal registrations and certifications for eligibility under this program. For JAG -Countywide subawards, the designated County Coordinator for local units of government will submit documentation in accordance with Florida Administrative Code 11 D-9 supporting the strategic planning for allocation of these funds. The subrecipient agrees to submit required programmatic and financial reports supporting that eligible activities were completed in accordance with the grant and program requirements. The Department will only reimburse subrecipients for authorized activities. The Department will not reimburse for costs incurred for any purpose other than those specified in the agreement. Failure to comply with provisions of this agreement, or failure to perform grant activities as specified in the agreement, will result in required corrective action up to and including financial consequences. A financial consequence may be imposed for non-compliance in accordance with 2 C.F.R. § 200 and these Standard Conditions, including but not limited to project costs being disallowed, withholding of federal funds and/or termination of the project. GENERAL REQUIREMENTS: All subrecipients must comply with requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide), http://oop.gov/fiinancial-quide/DOJ/Pdfs/2015 DOJ FinancialGuide.pdf, the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance, federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: Florida Administrative Code, Chapter 11 D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program": www.flruies.org Office of Management and Budget (OMB) Uniform Grant Guidance (2 C.F.R. § 200) Subpart A Definitions, Subparts B -D Administrative Requirements, Subpart E Cost Principles, Subpart F Audit Requirements and all applicable Appendices. This guidance supersedes previous OMB Circulars and Standard Conditions and is applicable to any new subawards made under Federal grants awarded on or after December 26, 2014. http://www.ecfr.gov/cqi-bin/text-ldx?SID=62764122c78Oe5dl d2l 34127afadc3Od&node=2:1.1.2.2.1 &ran=div5 Code of Federal Regulations: www.gpo.-gov/fdsys/ 2 C.F.R. § 175.15(b), "Award Term for Trafficking in Persons" 28 C.F.R. § 38, "Equal Treatment for Faith -Based Organizations" 28 C.F.R. § 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) 28 C.F.R. § 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)" 28 C.F.R. §§ 18, 22, 23, 30, 35, 42, 61, and 63 Public Law Pub. L. No. 109-162, Title XI—Department of Justice Reauthorization, Subtitle B—Improving the Department of Justice's Grant Programs, Chapter 1 -Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: http:/Iwww.qpo.gov/fdsys/pka/P4AW-109pubII6.2/ pdf/PLAW-109oubil 62.t)df United States Code: www.gpo.govlfdsys/ 42 U.S.C. §§ 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" State of Florida General Records Schedule GSI -SL for State and Local Government Agencies: http://dlis.dos.state.fl.us/barm/aenschedules/GS2-2008-Rev2010.pdf SFY2017 JAG Standard Conditions Page 1 of 23 Rev. 0912016 State of Florida Statutes § 215.971, Fla. Stat. "Agreements funded with federal or state assistance" § 215.985, Fla. Stat. "Transparency in government spending" Subgrantees are strongly encouraged to submit annual (or more frequent) JAG success stories. These success stories highlight projects that have demonstrated success or shown promise in reducing crime and positively impacting communities. They are a valuable resource for states, localities, territories, tribes and criminal justice professionals who seek to identify and learn about JAG and other successful BJA-funded projects linked to innovation, crime reduction, and evidence -based practices. Submit all success stories to OCJG for review and submission. PIWINITIONS Disallowed costs means those charges to a Federal award that the Federal awarding agency or pass-through entity determines to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. Equipment means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non -Federal entity for financial statement purposes, or $5,000. See also §§ 200.12, "Capital assets"; 200.20, "Computing devices"; 200.48, "General purpose equipment"; 200.58, "Information technology systems; 200.89, "Special purpose equipment'; and 200.94, "Supplies." Grant agreement means a legal instrument of financial assistance between a Federal awarding agency or pass- through entity and a non -Federal entity that, consistent with 31 U.S.C. §§ 6302, 6304, is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass- through entity to the non -Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. § 6101(3)); and not to acquire property or services for the Federal awarding agency or pass-through entity's direct benefit or use; and is distinguished from a cooperative agreement in that it does not provide for substantial involvement between the Federal awarding agency or pass-through entity and the non -Federal entity in carrying out the activity contemplated by the Federal award. Improper payment means any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements and; Improper payment includes any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. Micro -purchase means a purchase of supplies or services using simplified acquisition procedures, the aggregate amount of which does not exceed the micro -purchase threshold. The non -Federal entity uses such procedures in order to expedite the completion of its lowest -dollar small purchase transactions and minimize the associated administrative burden and cost. The micro -purchase threshold is set by the Federal Acquisition Regulation at 48 C.F.R. Subpart 2.1, "Definitions". It is $3,000 except as otherwise discussed in Subpart 2.1 of that regulation, but this threshold is periodically adjusted for inflation. Modified Total Direct Cost (MTDC) means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. Non -Federal entity is a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient. Non-federal pass-through entity is a non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program; the Florida Department of Law Enforcement (FDLE) is the non-federal pass-through entity for this agreement, also referred to as the State Administering Agency (SAA). SFY2017 JAG Standard Conditions Page 2 of 23 Rev. 0912016 Performance goal means a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate. In some instances (e.g., discretionary research awards), this may be limited to the requirement to submit technical performance reports (to be evaluated in accordance with agency policy). Period of performance means the time during which the non -Federal entity may incur new obligations to carry out the work authorized under the Federal award. The Federal awarding agency or pass-through entity must include start and end dates of the period of performance in the Federal award (See 2 C.F.R. §§ 200.210(a)(5), "Information contained in a Federal award" and 200.331(a)(1)(iv), "Requirements for pass-through entities"). Protected Personally Identifiable Information (PII) means an individual's first name or first initial and last name in combination with any one or more of types of information, including, but not limited to social security numbers; passport numbers; credit card numbers; clearances; bank numbers; biometrics; date and place of birth; mother's maiden name; criminal, medical, and financial records; and educational transcripts. This does not include PH that is required by law to be disclosed. (See 2 C.F.R. § 200.79 Personally Identifiable Information (PII)). Questioned cost means a cost that is questioned by the auditor because of an audit finding 1) that resulted from a violation or possible violation of a statute, regulation, or the terms and conditions of a Federal award, including for funds used to match Federal funds; 2) where the costs, at the time of the audit, are not supported by adequate documentation; or 3) where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances. Simplified acquisition threshold means the dollar amount below which a non -Federal entity may purchase property or services using small purchase methods. Non -Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 C.F.R. Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. § 1908. As of the publication of this part, the simplified acquisition threshold is $150,000, but this threshold is periodically adjusted for inflation. (Also see definition of Micro -purchase, 2 C.F.R. § 200.67) Subaward/Subgrant means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Subrecipient means a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Supplies means all tangible personal property other than those described in 2 C.F.R. § 200.33, "Equipment". A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non -Federal entity for financial statement purposes or $5,000, regardless of the length of its useful life. (See 2 C.F.R. §§ 200.20, "Computing devices" and 200.33, "Equipment.") SFY2017 JAG Standard Conditions Page 3 of 23 Rev. 0912016 SECTION I:_ TERMS AND CONDITIONS The subrecipient agrees to be bound by the following standard conditions: 1.0 Payment Contingent on Appropriation and Available Funds - The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subrecipients for incurred costs is subject to available federal funds. 2.0 System for Award Management (SAM) - The subrecipient must maintain current information in SAM until it submits the final financial report required under this award or receives the final payment, whichever is later. This requires that the subrecipient review and update the information at least annually after the initial registration, and more frequently if required by changes in its information or another award term. 2.1 The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). 3.0 General Appropriations Law Restrictions - The subrecipient must comply with all applicable restrictions on the use of federal funds set out in federal appropriation statutes. Pertinent restrictions in the Consolidated Appropriations Act, 2016 are set out at http://oir).aov/funding/Explore/FY2016- AppropriationsLawRestrictions.htm. Subrecipients must contact the Office of Criminal Justice Grants for guidance should a question arise whether a particular use of federal funds by a subrecipient would or ight fall within the scope of an appropriations -law restriction, and may not proceed without the express prior written approval from the Department and federal awarding agency. 4.0 Commencement of Project - If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date 4.1 If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. 4.2 Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re -obligate subaward funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 5.0 Supplanting - The subrecipient agrees that funds received under this award will not be used to supplant state or local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 6.0 Personnel Changes - Upon implementation of the project, in the event there is a change in Chief Officials for the Subrecipient or Implementing Agency or any contact information to include mailing address, phone number, email or title change, project staff must notify the SIMON help desk to update the organizational information in SIMON. Project director changes require a grant adjustment in SIMON. 7.0 Non -Procurement, Debarment and Suspension - The subrecipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 C.F.R. § 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non -procurement)". These procedures require the subrecipient to certify that 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. 8.0 Federal Restrictions on Lobbying - Each subrecipient agrees to comply with 28 C.F.R. § 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 subrecipient for award of federal contract, grant, or cooperative agreement. SFY2017 JAG Standard Conditions Page 4 of 23 Rev. 09/2016 9.0 State Restrictions on Lobbying - In addition to the provisions contained above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this agreement. 10.0 Additional Restrictions on Lobbying - The subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. 11.0 "Pay—to—Stay" - Funds from this award may not be used to operate a "pay -to -stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay -to -stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay -to -stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon an offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 12.0 The Coastal Barrier Resources Act - The subrecipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (Pub..L. No. 97-348) dated October 19, 1982 (16 U.S.C. §§ 3501 et seq.) which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 13.0 Enhancement of Security - If funds are used for enhancing security, the subrecipient agrees to: 13.1 Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. 13.2 Conduct such an assessment with respect to each such enhancement; and submit to the Department the aforementioned assessment in its Final Program Report. 14.0 Background Check - Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of § 435 Fla. Stat. shall apply. 14.1 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. 14.2 All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile record checks through the Florida Department of Law Enforcement, and federal criminal record checks through the Federal Bureau of Investigation, and may include local criminal record checks through local law enforcement agencies. 14.2.1 Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. 14.2.2 Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. SFY2017 JAG Standard Conditions Page 5 of 23 Rev. 0912016 15.0 Privacy Certification - The subrecipient agrees to comply with all confidentiality requirements of 42 U.S.C. § 3789g and 28 C.F.R. § 22 that are applicable to collection, use, and revelation of data or information. The subrecipient further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. §§ 22 and, in particular, 22.23. Privacy Certification forms must be signed by the subrecipient or implementing agency chief official or an individual with formal, written signature authority for the chief official. 16.0 Conferences and Inspection of Work - Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 17.0 Insurance for Real Property and Equipment - The subrecipient must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non -Federal entity. SECTION I[:. CIVIL RIGHTS REQUIREMENTS 1.0 Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subrecipients, implementing agencies, and contractors must comply with any applicable statutorily -imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 794); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§ 1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); and Department of Justice Non -Discrimination Regulations 28 C.F.R. § 42. See Executive Order 13279 (equal protection of the laws for faith -based and community organizations). 2.0 FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability, or age in the delivery of services or benefits or in employment. The subrecipient must notify program participants and beneficiaries that it does not discriminate on the basis of race, color, national origin, religion, sex, disability, and age in the delivery of services or benefits or in employment practices. 3.0 Subrecipients are responsible for ensuring that contractors and agencies to whom they pass through funds are in compliance with all Civil Rights requirements. 4.0 Equal Employment Opportunity Plans 4.1 A subrecipient or implementing agency must develop an EEO Plan if it has 50 or more employees and has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the online short form at www.ojr).usdoj.gov/about/ocr/eeoa comgly.htm, must be retained by the subrecipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. 4.2 If the subrecipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department 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. 4.3 A subrecipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. 4.4 The subrecipient and implementing agency acknowledge that failure to comply with EEO requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. SFY2017 JAG Standard Conditions Page 6 of 23 Rev. 09/2016 5.0 In the event a federal or state court, or a 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. 6.0 In accordance with federal civil rights laws, the subrecipient shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. 7.0 Subrecipients must include comprehensive Civil Rights/Nondiscrimination Provisions in all contracts funded by the subgrant recipient. 8.0 If the subrecipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a complaint with the subrecipient, with FDLE, or with the Office for Civil Rights. Discrimination complaints may be submitted to FDLE at Office of the Inspector General, Post Office Box 1489, Tallahassee, Florida 32302-1489, or online at infoCcD-fdle.state.fl.us. Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, Northwest, Washington, D.C. 20531, or by phone at (202) 307-0690. 9.0 The subrecipient must have procedures in place for responding to discrimination complaints that employees, clients, customers, and program participants file directly with the subrecipient. 10.0 The subrecipient must have written policies or procedures in place for notifying program beneficiaries how to file complaints alleging discrimination by the subrecipient/implementing agency with FDLE or the OCR. 11.0 Any discrimination complaints filed with 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. 12.0 Americans with Disabilities Act - Subrecipients must comply with the requirements of the Americans with Disabilities Act (ADA) (Pub. L. No. 101-336), which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 1), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 13.0 Rehabilitation Act of 1973 (28 C.F.R. § 42(G)) - If the subrecipient has 50 or more employees and receives DOJ funding of $25,000 or more, the subrecipient must take the following actions: 13.1 Adopt grievance procedures that incorporate due process standards and provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Section 504 of the Rehabilitation Act of 1973, found at 28 C.F.R. § 42(G), which prohibit discrimination on the basis of a disability in employment practices and the delivery of services. 13.2 Designate a person to coordinate compliance with the prohibitions against disability discrimination contained in 28 C.F.R. § 42(G). 13.3 Notify participants, beneficiaries, employees, applicants, and others that the subrecipient/implementing agency does not discriminate on the basis of disability. 14.0 Limited English Proficiency (LEP) - In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at www.lep.gov. FDLE strongly encourages subgrant recipients to have a written LEP Language Access Plan. 15.0 Title IX of the Education Amendments of 1972 (28 C.F.R. § 54) - If the subrecipient operates an education program or activity, the subrecipient must take the following actions: 15.1 Adopt grievance procedures that provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Title IX of the Education Amendments of 1972, found at 28 C.F.R. § 54, which prohibit discrimination on the basis of sex. SFY2017 JAG Standard Conditions Page 7 of 23 Rev. 09/2016 15.2 Designate a person to coordinate compliance with the prohibitions against sex discrimination contained in 28 C.F.R. § 54. 15.3 Notify applicants for admission and employment, employees, students, parents, and others that the subrecipient/implementing agency does not discriminate on the basis of sex in its educational programs or activities. 16.0 Equal Treatment for Faith Based Organizations - The subrecipient agrees to comply with the applicable requirements of 28 C.F.R. § 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the recipient or a subrecipient must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. The subrecipient also understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from the award, or the parent or legal guardian of such students. Notwithstanding any other special condition of this award, faith -based organizations may, in some circumstances, consider religion as a basis for employment. See www.oip.gov/about/ocr/equal fbo.htm. 17.0 Immigration and Nationality Act - No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. § 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subrecipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. SECTION -_111: FINANCIAL REQUIREMENTS -AND REOONSIBILTY 1.0 Fiscal Control and Fund Accounting Procedures 1.1 All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Uniform Grant Guidance (2 C.F.R § 200) as applicable, in their entirety. 1.2 Subrecipients must have written procedures for procurement transactions. Procedures must ensure that all solicitations follow 2 C.F.R. §§ 200.319 "Competition" and 200.320 "Methods of Procurement". 1.3 The subrecipient is required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them. As a subrecipient, you must have a financial management system in place that is able to record and report on the receipt, obligation, and expenditure of grant funds. An adequate accounting system for a subrecipient must be able to accommodate a fund and account structure to separately track receipts, expenditures, assets, and liabilities for awards, programs, and subrecipients. 1.4 All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. 1.5 All funds not spent in accordance with this agreement shall be subject to repayment by the subrecipient. SFY2017 JAG Standard Conditions Page 8 of 23 Rev. 09/2016 SECTION IV. SUBAINARD. MANAGEME NT AND REPORTING REQUIREMENTS 1.0 Obligation of Subrecipient Funds - Subaward funds shall not under any circumstances be obligated prior to the effective date, or subsequent to the termination date, of the period of performance. Only project costs incurred on or after the effective date, and on or prior to the termination date of the subrecipient's project are eligible for reimbursement. All payments must be completed within thirty (30) days of the end of the subaward period of performance. 2.0 Advance Funding - Advance funding may be provided to a subrecipient upon a written request to the Department. The request must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. 3.0 Trust Funds 3.1 The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund may or may not be an interest bearing account. 3.2 The account may earn interest, but any earned interest must be used for program purposes and expended before the federal grant period end date. Any unexpended interest remaining 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. 4.0 Performance 4.1 Subaward Performance - The subrecipient must comply with state and federal requirements for subaward performance under 2 C.F.R. §§ 200.76-77. The subaward shall describe the timing and scope of expected performance as related to the outcomes intended to be achieved by the program. Where appropriate, the subaward should provide specific performance goals, indicators, milestones, or expected outcomes (such as outputs, or services performed or public impacts of any of these) with an expected timeline for accomplishment. Submitted programmatic reports must clearly articulate, where appropriate, performance during the execution of the award has met a standard against which the subrecipient's performance can be measured. These requirements should be aligned with agency strategic goals, strategic objectives, or performance goals that are relevant to the program. 4.2 Performance of Agreement Provisions - In the event of default; non-compliance; or violation of any provision of this agreement by the subrecipient, the subrecipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subrecipient of its decision thirty (30) days in advance of the effective date of such sanction. The subrecipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 5.0 Grant Adjustments - Subrecipients must submit a grant adjustment through SIMON for major substantive changes such as: scope modifications or changes to project activities, target populations, service providers, implementation schedules, project director, designs or research plans set forth in the approved agreement, and for any budget changes that affect a cost category that was not included in the original budget. Adjustments are also required when there will be a transfer of 10% or more of the total budget between budget categories, or there is an indirect cost rate category change. 5.1 Subrecipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item. 5.2 Under no circumstances can transfers of funds increase the total budgeted award. 5.3 Requests for changes to the subaward agreement must be electronically signed by the subrecipient or implementing agency's chief official or the chief official's designee. 5.4 All requests for changes must be submitted in SIMON no later than thirty (30) days prior to grant expiration date. 6.0 Required Reports - All reports must relate financial data to performance accomplishments. Subrecipients must submit both reports on the same reporting cycle. SFY2017 JAG Standard Conditions Page 9 of 23 Rev. 0912016 6.1 Financial Expenditure Report 6.1.1 The subrecipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty (30) days after the end of the reporting period. In addition, if the subaward period is extended, additional Project Expenditure Reports shall be submitted. 6.1.2 All project expenditures for reimbursement of subrecipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the SIMON (Subgrant Information Management Online) system. 6.1.3 All Project Expenditure Reports shall be submitted in sufficient detail for proper pre -audit and post -audit. 6.1.4 Before the "final" Project Expenditure Report will be processed, the subrecipient shall submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. 6.1.5 Reports shall submitted even when no reimbursement is being requested. 6.1.6 The report shall be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer's designee. 6.2 Project Performance Reports 6.2.1 The subrecipient shall submit Monthly or Quarterly Project Performance Reports in SIMON, hereafter known as the Department, within fifteen (15) days after the end of the reporting period. In addition, if the sub award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. 6.2.2 Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in Section IV 4.2, Performance of Agreement Provisions. 6.2.3 Performance Reports must include a response to all objectives included in your subaward. A detailed response is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. Additional information may be required if necessary to comply with federal reporting requirements. 6.2.4 Performance Reports may be submitted by the Project Director, Application Manager, or Performance Contacts. 6.3 Project Generated Income (PGI) - All income generated as a direct result of a subgrant project shall be deemed program income. Program income must be accounted for and reported in SIMON in accordance with the OJP Financial Guide (Section 3.4). 6.3.1 The subrecipient shall submit Quarterly PGI Earnings and Expenditures Reports to the Department within thirty (30) days after the end of the reporting period covering subaward project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subaward ends, the subrecipient must continue submitting quarterly PGI reports until all funds are expended. 6.3.2 PGI Earnings and Expenditure reports must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer's designee. 6.3.3 Program income should be used as earned and expended as soon as possible and used to further the objects in which the award was made. Any unexpended PGI remaining at the end of the federal grant period must be submitted to OCJG for transmittal to the Bureau of Justice Assistance. SFY2017 JAG Standard Conditions Page 10 of 23 Rev. 09/2016 6.4 Law Enforcement Training - Any law enforcement agency receiving JAG funding must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict and constructive engagement with the public. 6.5 Other Reports- The subrecipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. SECTION. V MONITORING AND,- 1.0 ND 1.0 Access to Records - The Florida Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subrecipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. The Department reserves the right to unilaterally terminate this agreement if the subrecipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of § 119, Fla. Stat., unless specifically exempted and/or made confidential by operation of § 119, Fla. Stat., and made or received by the subrecipient or its contractor in conjunction with this agreement. The subrecipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 2.0 Monitoring - The recipient agrees to comply with FDLE's grant monitoring guidelines, protocols, and procedures; and to cooperate with FDLE on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, site visits, and/or Florida Department of Financial Services contract reviews and Expanded Audits of Payment (EAP). The recipient agrees to provide FDLE all documentation necessary to complete monitoring of the award and verify expenditures in accordance with § 215.971, Fla. Stat. Further, the recipient agrees to abide by reasonable deadlines set by FDLE for providing requested documents. Failure to cooperate with grant monitoring activities may result in sanctions affecting the recipient's award, including, 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 Risk grantee, or termination of award(s). 3.0 Property Management - The subrecipient shall establish and administer a system to protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according 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 2 C.F.R. § 200, as applicable. This obligation continues as long as the subrecipient retains the property, notwithstanding expiration of this agreemen. 3.1 Property Use - The subrecipient must use equipment acquired under a Federal award for the authorized purposes of the project during the period of performance, or until the property is no longer needed. Subrecipients must use, manage, and dispose of equipment acquired under a Federal award in accordance with § 274, Fla. Stat. and 2 C.F.R. § 200.313, "Equipment". 4.0 Subaward Closeout - A Financial Closeout Audit shall be submitted to the Department within forty-five (45) days of the end date of the performance period. The Financial Closeout Audit must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer's designee. 5.0 High Risk Subrecipients - The subreciplent agrees to comply with any additional requirements that may be imposed during the grant performance period if FDLE's pre -award risk assessment or the U.S. Department of Justice determines the subrecipient is a high-risk grantee. (28 C.F.R. §§ 66, 70) 6.0 Reporting, Data Collection and Evaluation - The subrecipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by FDLE. SFY2017 JAG Standard Conditions Page 11 of 23 Rev. 09/2016 7.0 Retention of Records - The subrecipient shall maintain all records and documents for a minimum of five (5) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. The subrecipient shall comply with State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: http://dos.myflorida.com/media/693574/general- records-schedulegs01-sl.pdf http://dos.myflodda.com/media/693578/gs02.r)df 8.0 Disputes and Appeals - The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subrecipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the subrecipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subrecipient's right to appeal the Department's decision is contained in § 120, Fla. Stat., and in procedures set forth in Fla. Admin. Code R.28-106.104. Failure to appeal within this time frame constitutes a waiver of proceedings under § 120, Fla. Stat. 9.0 Single Annual Audit 9.1 Subrecipients that expend $750,000 or more in a year in federal awards shall have a single audit or program -specific audit conducted for that year. The audit shall be performed in accordance with 2 C.F.R. § 200(F) Audit Requirements and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received, and funds disbursed. When applicable, the subrecipient shall submit an annual financial audit that meets the requirements of 11.45 and 215.97 §§ Fla. Stat., "Definitions; duties; authorities; reports; rules," and "Florida Single Audit Act" and Rules of the Auditor General: Chapters 10.550 and 10.650, "Local Governmental Entity Audits" and "Florida Single Audit Act Audits Nonprofit and For -Profit Organizations." 9.2 A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, including audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. 9.3 Audits shall be completed by an Independent Public Accountant (IPA) and according to Generally Accepted Government Auditing Standards (GAGAS). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. Subrecipients shall procure audit services according to § 200.509, and include clear objectives and scope of the audit in addition to peer review reports to strengthen audit quality and ensure effective use of audit resources. 9.4 The subrecipient shall promptly follow-up and take appropriate corrective action for any findings on the audit report in instances of noncompliance with federal laws and regulations, including but not limited to preparation of a summary schedule of prior audit findings and a corrective action plan. Subrecipient follow-up to audit findings must abide by requirements in 2 C.F.R. § 200.511. 9.5 Subrecipient understands and agrees that federal awarding and pass-through entities may withhold award funds, or may impose other related requirements, if (as determined by the federal awarding agency or pass-through entity, the subrecipient does not satisfactorily and promptly address outstanding issues from audits required by 2 C.F.R. § 200 or terms of this subaward, or other outstanding issues that arise in connection with audits, investigations or reviews of DOJ awards or subawards. 9.6 Auditees must make copies available for public inspection and ensure respective parts of the reporting package do not include protected personally identifiable information. Records shall be made available upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. SFY2017 JAG Standard Conditions Page 12 of 23 Rev. 09/2016 9.7 Subrecipients that expend less than $750,000 in federal awards during a fiscal year are exempt from the audit requirements of 2 C.F.R. § 200(F) for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subrecipient is exempt. This notice shall be provided to the Department no later than June 30 following the end of the fiscal year. 9.8 If this agreement is closed without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. 9.9 The Federal Audit Clearinghouse is the repository of record for 2 C.F.R. § 200(F). Audits performed as a result of this requirement must be completed and submitted to the Federal Audit Clearinghouse within the earlier of thirty (30) calendar days after receipt of the auditors report(s), or nine (9) months after the end of the audit period. Submissions must include required elements described in 2 C.F.R. § 200, Appendix X, on the specified Data Collection Form (Form SF -SAC), and be signed by a senior level representative or chief official of the auditee. A scanned copy of the completed audit reports or a link to the electronic audit report should be sent via email to criminaljusticeO-fdle.state.fl.us or mailed to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 SECTION VI: SUBAlfflARD PROCUREMENT�AND COST PRINCIPLES 1.0 Procurement Procedures - Subrecipients must use documented procurement procedures which reflect applicable state, local, and tribal laws and regulations, provided that the procurement standards conform to federal procurement guidelines (2 C.F.R. §§ 200.317-326). 2.0 Federal Procedures - All procedures employed in the use of federal funds for any procurement shall also be according to 28 C.F.R. § 66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", 2 C.F.R. § 200.318, "General procurement standards", and Florida law to be eligible for reimbursement. 3.0 Cost Analysis - A cost analysis must be performed by the subrecipient if the cost or price is above the simplified acquisition threshold of $150,000. Costs or prices based on estimated costs for contracts are allowable only if allowable under 2 C.F.R. § 200.405(e),"Cost Principles". 4.0 Allowable Costs - Allowance for costs incurred under the subaward shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, 28 C.F.R. § 66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"; and 2 C.F.R. § 200.405(e), "Cost Principles". 4.1 All procedures employed in the use of federal funds for any procurement shall be according to 28 C.F.R. § 66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", 2 C.F.R. § 200.420, "Considerations for selected items of cost"; and Florida law to be eligible for reimbursement. 4.2 Subrecipients eligible to use the "de minimis" indirect cost rate described in 2 C.F.R. § 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise FDLE Office of Criminal Justice Grants in writing of both its eligibility and election, and must comply with all associated requirements in the OMB Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC). 4.3 Indirect cost proposals for local and state units of government must comply with 2 C.F.R. § 200, Appendix VII. SFY2017 JAG Standard Conditions Page 13 of 23 Rev. 0912016 5.0 Unallowable Costs - Payments made for costs determined to be unallowable by either the Federal awarding agency or the Department, either as direct or indirect costs, must be refunded (including interest) to the Federal Government in accordance with instructions from the Federal agency that determined the costs are unallowable unless Federal statute or regulation directs otherwise. See also Subpart D—Post Federal Award Requirements and 2 C.F.R. §§ 200.300-309. 5.1 Prohibited Expenditure List - Subaward funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition. Recipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. The list of prohibited expenditures may be amended from time to time without any prior notice. The list of prohibited expenditures may be found at: https://www.bia.gov/Fundinq/JAGControlledPurchaseList.r)df. 6.0 Controlled Expenditure List - Requests for acquisition of items on the Controlled Expenditure List must receive explicit prior written approval from FDLE and BJA. If award funds are approved and used for the purchase or acquisition of any item on the Controlled Purchase List, the subrecipient must collect and retain for 3 years certain information about the use of 1) the federally grant funded controlled equipment and 2) any other controlled equipment in the same category as the federally -acquired controlled equipment in the agency's inventory, regardless of source; and make that information available to FDLE and BJA upon request. No equipment on the Controlled Expenditure list that is purchased or acquired under this award may be transferred or sold to a third party without the prior approval and guidance from FDLE and BJA. Failure to comply with conditions related to Prohibited or Controlled Expenditures may result in prohibition from further Controlled Expenditure approval under this or other awards. The list of controlled purchases may be found at: https://www.bia.gov/Fundinq/JAGControlledPurchaseList.pdf. 6.1 The recipient understands that, pursuant to recommendation 2.1 of Executive Order 13688, law enforcement agencies that acquire controlled equipment through Federal programs must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing Standards includes policies on (a) Community Policing; (b) Constitutional Policing; and (c) Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment; (b) Supervision of Use; (c) Effectiveness Evaluation; (d) Auditing and Accountability; and (e) Transparency and Notice Considerations. Upon OJP's request, the recipient agrees to provide a copy of the General Policing Standards and Specific Controlled Equipment Standards, and any related policies and protocols. 6.2 Recipient understands and agrees that failure to comply with conditions related to Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. 6.3 Recipient understands and agrees that, notwithstanding 2 CFR § 200.313, no equipment listed on the Controlled Expenditure List that is purchased under this award may be transferred or sold to a third party, except as described below: 6.3.1 Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LEA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the initial purchase of items on the Controlled Expenditure List. 6.3.2 Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. 6.3.3 Agencies may not transfer or sell any Controlled Equipment purchased under this award to non -LEAs, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prior written approval from BJA. All law enforcement -related and other sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. 6.4 Recipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award, and to abide by any applicable laws and regulations in such disposal. SFY2017 JAG Standard Conditions Page 14 of 23 Rev. 09/2016 6.5 Unmanned Aerial Vehicles - The recipient agrees that awarded funds may not be expended on unmanned aircraft, unmanned aircraft systems, or aerial vehicles (US, UAS, or UAV) unless the BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order. Additionally, any funding approved for this purpose would be subject to additional reporting, which would be stipulated by FDLE post award. 7.0 Review prior to Procurement - Subrecipients are encouraged to enter into state and local intergovernmental agreements or inter -entity agreements where appropriate for procurement or use of common or shared goods/services. Subrecipients are also encouraged to use excess and surplus property in lieu of purchasing new equipment and property when this is feasible. 8.0 Sole Source - If the project requires a purchase of services or equipment from a sole source, the subrecipient must complete the Sole Source Justification for Services and Equipment Form. If the subrecipient is a state agency and the cost is at least $150,000, then the agency must submit a copy of the approval from the Department of Management Services (§ 287.057(5), Fla. Stat.). Sole Source form must be signed by the subgrant recipient or implementing agency chief official or an individual with formal, written signature authority for the chief official. 9.0 Personal Services — Subrecipients may use grant funds for eligible personal services (salaries/benefits and overtime) and must maintain internal controls over salaries and wages. The following requirements apply to personal services paid with subgrant funds: 9.1 Timesheets - Timesheets must be kept for all project staff whose hours will be charged to the project. The timesheets must be signed by the supervisor and clearly indicate hours spent on project activities. 9.2 Additional Documentation - In accordance with § 215.971, Fla. Stat., the Florida Department of Financial Services may require documentation validation that personnel services were performed on project -related activities in accordance with the contract agreement. 9.3 Protected personally identifiable information - The subreciplent shall take reasonable measures to safeguard protected personally identifiable information and other information the pass-through entity designates as sensitive or the subrecipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. 9.4 Overtime for Law Enforcement Personnel - Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 9.5 Employees Working Solely on a Single Federal Award - For any position that works 100% of its time on a single federal award, the employee must certify that 100% of his or her time was spent working on that federal award. This requirement applies to both full time and part time positions regardless of the percentage of the position's salary that is charged to the grant. The certification must be signed by both the employee and the employee's direct supervisor having firsthand knowledge of the work performed by the employee. The forms must be submitted semi-annually and may not be signed prior to the end of the reporting period. Certifications must be provided to cover the entire grant period 9.6 Maximum Allowable Salary - No portion of these federal grant funds shall be used towards any part of the annual cash compensation of any employee of the subrecipient whose total annual cash compensation exceeds 110% of the maximum salary payable to a member of the Federal government's Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year. (The salary table for SES employees may be found at https://www.opm.gov/policy-data- oversight/pav-leave/salaries-wages/salary-tables/16Tables/exec/html/ES.aspx.) A subrecipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds. This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 9.7 Percentage of Salary Funded- For any position previously funded with JAG funds, the percentage of the salary to be paid must not exceed prior funding percentage. SFY2017 JAG Standard Conditions Page 15 of 23 Rev. 09/2016 10.0 Contractual Services -The subrecipient must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts as described in 2 C.F.R. § 200.318, "General procurement". 10.1 Requirements for Contractors of Subreciplents - The subrecipient 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.C. § 3711 ; the provisions of the current edition of the Office of Justice Programs Financial Guide (http://oip.gov/financialguide/DOJ/index.htm); and all other applicable federal and state laws, orders, circulars, or regulations. The subrecipient must pass-through all requirements and conditions applicable to the federal grant award/subaward to any subcontract. The term "contractor" is used rather than the term "vendor" and means an entity that receives a contract as defined in 2 C.F.R. § 200.22, the nature of the contractual relationship determines the type of agreement. 10.2 Approval of Consultant Contracts - The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $650 (excluding travel and subsistence costs) per eight-hour day, or $81.25 per hour. A detailed justification must be submitted to and approved by FDLE prior to obligation or expenditures of such funds. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subrecipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $650 threshold does not apply. 11.0 Travel and Training -The cost of all travel shall be reimbursed according to the subrecipient's written travel policy. If the subrecipient does not have a written travel policy, cost of all travel will be reimbursed according to State of Florida Travel Guidelines, § 112.061, Fla. Stat. Any foreign travel must obtain prior written approval. 11.1 BJA or FDLE Sponsored Events - The subrecipient agrees to participate in BJA- or FDLE-sponsored training events, technical assistance events, or conference held by FDLE or BJA or their designees, upon FDLE's or BJA's request. 11.2 Expenses Related to Conferences, Meetings, Trainings, and Other Events - The subrecipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance may be found at: http://o*P.gov/financialguide/DOJ/PostawardReauirements/chapter3.10a.htm. 11.3 Training and Training Materials — Any training or training materials that has been developed or delivered with grant funding under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, found at: http://ojp.gov/funding/ImplementITrainingPrinciplesForGrantees- Subgrantees.htm. 12.0 Publications, Media and Patents 12.1 Ownership of Data and Creative Material - Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, and 2 C.F.R. § 200.315 "Intangible Property," as applicable. 12.2 Copyright - The awarding agency reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: 12.2.1 The copyright in any work developed under an award or subaward, and 12.2.2 Any rights of copyright to which a subaward recipient or subrecipient purchases ownership with support funded under this grant agreement. SFY2017 JAG Standard Conditions Page 16 of 23 Rev. 09/2016 12.3 Publication or Printing of Reports - The subrecipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web - based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. The subrecipient understands and agrees that any training materials developed or delivered with grant funding must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees found at http://oip.gov/fundin /immplement[TrainingPrinciplesForGrantees- Subgrantees.htm. All materials publicizing or resulting from award activities shall contain the following statements identifying the federal award: "This project was supported by Award No. awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the authors and do not necessarily reflect the views of the Department of Justice". 12.4 Patents - If any program produces patentable items, patent rights, processes, or inventions, in the course of work sponsored by the federal award or subaward funds, such facts must be promptly and fully reported to the awarding agency. 12.4.1 Unless there is a prior agreement between the subrecipient and the Department on disposition of such items, the Department may determine whether protection on the invention or discovery will be sought. 12.4.2 The Department will also determine how rights in the invention or discovery (including rights under any patents issued) will be allocated and administered in order to protect the public interest consistent with "Government Patent Policy" ("President's Memorandum for Heads of Executive Departments and Agencies," (August 23, 1971), and statement of Government patent policy, as printed in 36 Federal Register 16839). 12.4.3 Government regulations have been issued in 37 C.F.R. § 401 by the U.S. Department of Commerce. 13.0 Confidential Funds and Confidential Funds Certificate - A signed certification that the Project Director or Implementing Agency Chief Official has read, understands, and agrees to abide by all conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required for all projects that involve confidential funds. The signed certification must be submitted at the time of grant application. This certificate certifies the Project Director has read, understands, and agrees to abide by the provision in Section 3.12 of the Office of Justice Programs Financial Guide. This form must be submitted upon application if applicable. Confidential Funds certifications must be signed by the subrecipient or implementing agency Chief Official or an individual with formal, written signature authority for the Chief Official. 14.0 Task Force Training Requirement - The subrecipient agrees that within 120 days of award, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. When FDLE awards funds to support a task force, the subrecipient must compile and maintain a task force personnel roster along with course completion certificates. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). SFY2017 JAG Standard Conditions Page 17 of 23 Rev. 09/2016 15.0 Information Technology Projects 15.1 Criminal Intelligence Systems - The subrecipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. § 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. § 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. § 23.20(g). Should any violation of 28 C.F.R. § 23 occur, the subrecipient may be fined as per 42 U.S.C. § 3789g(c)-(d). The subrecipient may not satisfy such a fine with federal funds. The subrecipient understands and agrees that no awarded funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. In doing so the subrecipient agrees that these restrictions will not limit the use of awarded funds necessary for any federal, state, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecutions, or adjudication activities. 15.2 State Information Technology Point of Contact - The subrecipient agrees 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. 15.2.1 In addition, the subrecipient agrees to maintain an administrative file documenting the meeting of this requirement. A list of State Information Technology Points of Contact may be found at www.1t.oip.gov/technology-contacts. 15.2.2 To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subrecipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 15.3 ADP Justification - The subrecipient must complete an Automated Data Processing (ADP) Equipment and Software and Criminal Justice Information and Communication Systems Request for Approval form if the purchase of any ADP equipment is to be made. This form must be submitted upon application, if applicable. ADP justification must be signed by the subrecipient or implementing agency chief official or an individual with formal, written signature authority for the chief official. 16.0 Interoperable Communications Guidance 16.1 Subrecipients 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-intemet 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 may be found at www.dhs.gov/safecom,. 16.2 Subrecipients interested in developing a public safety broadband network in the 700 MHz band in their jurisdictions must adhere to the technical standards set forth in the FCC Waiver Order, or any succeeding FCC orders, rules, or regulations pertaining to broadband operations in the 700 MHz public safety band. The subrecipient 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 SW IC to ensure coordination. Subrecipients 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. SFY2017 JAG Standard Conditions Page 18 of 23 Rev. 0912016 17.0 Drug Court Projects - A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court Programs." SECTION VIL ADDITIONAL REQUIEMENTS 1.0 Ballistic Resistant and Stab Resistant Body Armor and Body Worn Camera 1.1 Mandatory Wear Policy - Subrecipients that wish to purchase armor with JAG funds must certify that law enforcement agencies receiving vests have a written "mandatory wear" policy in effect. This policy must be in place for at least all uniformed officers before funding can be used by the agency for body armor. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. FAQs related to the mandatory wear policy and certifications may be found at www.bia.gov/Funding/JAGFAQ.pdf. 1.2 BVP Program - JAG funds may be used to purchase armor for an agency, but may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. 1.3 NIJ Compliance - Body armor purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (http://nii.gov). In addition, body armor purchased must be American- made. The latest NIJ standard information may be found at www.nii.gov/topics/technologaody-armor. 1.4 Body Worn Camera Certification - Any subrecipient who wishes to use JAG funds to purchase BWC equipment, or to implement or enhance BWC programs, must certify that they or the law enforcement agency receiving the BWC funding have policies and procedures in place related to equipment usage, data storage, privacy, victims, access, disclosure, and training. For more information on BWC requirements, example policies, and best practices, visit htti)s://www.bia.gov/bwc/. 2.0 Environmental Protection Agency's (EPA) list of Violating Facilities - The subrecipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 3.0 National Environmental Policy Act (NEPA) 3.1 The subrecipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of subaward funds by the subrecipient. This applies to the following new activities whether or not they are being specifically funded with these subaward funds. That is, it applies as long as the activity is being conducted by the subrecipient or any third party and the activity needs to be undertaken in order to use these subaward funds. Accordingly, the subrecipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the recipient agrees to contact FDLE OCJG. 3.1.1 New construction 3.1.2 Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100 -year flood plain; a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; 3.1.3 A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and 3.1.4 Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. SFY2017 JAG Standard Conditions Page 19 of 23 Rev. 09/2016 3.1.5 Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. 3.2 The subrecipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subrecipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice at www.bia.gov/Funding/ner)a.htmi, for programs relating to methamphetamine laboratory operations. 3.3 For any of a subrecipient's existing programs or activities that will be funded by these subawards, the subrecipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by the Department of Justice of a national or program environmental assessment of that funded program or activity. 4.0 Methamphetamine Plans: Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories - If an award is made to support methamphetamine laboratory operations the subrecipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. 4.1 General Requirement: The subrecipient agrees to comply with federal, state, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. The subrecipient also agrees to complete a Methamphetamine Mitigation Plan (MMP) that includes the nine protective measures or components required by BJA and submit the plan to FDLE's Office of Criminal Justice Grants. 4.2 Specific Requirements: The subrecipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subrecipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subaward. In so doing, the subrecipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. 4.2.1 Provide medical screening of personnel assigned or to be assigned by the subrecipient to the seizure or closure of clandestine methamphetamine laboratories; 4.2.2 Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subrecipient to either the seizure or closure of clandestine methamphetamine laboratories; 4.2.3 As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; 4.2.4 Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; 4.2.5 Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 4.2.6 Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; SFY2017 JAG Standard Conditions Page 20 of 23 Rev. 09/2016 4.2.7 Monitor the transport, disposal, and recycling components of subparagraphs 4.2.5 and 4.2.6 immediately above in order to ensure proper compliance; 4.2.8 Have in place and implement an inter -agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's 1) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and 2) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing federal and state requirements; and 4.2.9 Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can 1) respond to the potential health needs of any minor at the site; 2) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; 3) ensure immediate medical testing for methamphetamine toxicity; and 4) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity 5.0 National Historic Preservation Act — The Act will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. §§ 469 a-1, et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 6.0 Human Research Subjects - Subrecipient agrees to comply with the requirements of 28 C.F.R. § 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 7.0 Trafficking in Persons - The subrecipient must comply with applicable requirements pertaining to prohibited conduct relating to the trafficking of persons, whether on the part of recipients, subrecipients or individuals defined as "employees" of the subrecipient. The details of the recipient and subrecipient obligations related to prohibited conduct related to trafficking in persons are incorporated by reference and posted at www.oir).gov/funding/Explore/ProhibitedConduct-Trafficking.htm. 8.0 Global Standards Package - In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the recipient to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Recipient shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: www.it.oip.gov/asp grantcondition. Recipient shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 9.0 Disclosures 9.1 Conflict of Interest - The subrecipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Subrecipients must disclose in writing any potential conflict of interest to FDLE (the non-federal pass-through entity). 9.2 Violations of Criminal Law - The subrecipient and implementing agency must disclose all violations of state or federal criminal law involving fraud, bribery or gratuity violations potentially affecting the sub award. 9.3 Sanctuary Cities - The subrecipient and implementing agency must certify compliance with 8 U.S.C. § 1373. The subrecipient and implementing agency must agree to notifing FDLE (the non-federal pass- through entity) in writing of any potential violations of 8 U.S.C. § 1373. SFY2017 JAG Standard Conditions Page 21 of 23 Rev. 09/2016 10.0 Uniform Relocation Assistance and Real Property Acquisitions Act -The subrecipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601, et seq.), which governs the treatment of persons displaced as a result of federal and federally -assisted programs. 11.0 Limitations on Government Employees Financed by Federal Assistance -The subrecipient will comply with requirements of 5 U.S.C. §§ 1501-08 and 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 12.0 Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct - The subrecipient must promptly refer to DOJ Office of Inspector General (OIG) and the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a claim for grant funds that violates the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. 13.0 Restrictions and certifications regarding non -disclosure agreements and related matters - Subrecipients or contracts/subcontracts under this award may not require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits, restricts or purports to prohibit or restrict, the reporting of waste, fraud or abuse in accordance with law, to an investigative or law enforcement representative of a state or federal department or agency authorized to receive such information. The subrecipient certifies that if is informed or notified if any subrecipient, or contractor/subcontractor has been requiring their employees to execute agreements or statements that prohibit the reporting of fraud, waste, or abuse that it will immediately cease all further obligations of award funds to the entity and will immediately notify the awarding agency. The subrecipient will not resume obligations until expressively authorized to do so from the awarding agency. 14.0 Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable - Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 15.0 Text Messaging While Driving - Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving", 74 Fed. Reg. 51225 (October 1, 2009), and § 316.305, Fla. Stat.., the subrecipient is encouraged to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this subaward and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 16.0 DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database - If JAG program funds will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (CODIS), by a government DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other non-govemmental DNA database without prior express written approval from BJA. In addition, funds may not be used for purchase of DNA equipment and supplies when the resulting DNA profiles from such technology are not accepted for entry into CODIS (the National DNA Database operated by the FBI). 17.0 Environmental Requirements and Energy - For subawards in excess of $100,000, the subrecipient must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. § 1857(h)), section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 C.F.R. § 15). The subrecipient must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), if any. 18.0 Other Federal Funds - The subrecipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this award, and those awards have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this award, the subrecipient will promptly notify, in writing the grant manager for this award, and, if so requested by OCJG seek a budget modification or change of project scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. SFY2017 JAG Standard Conditions Page 22 of 23 Rev. 09/2016 19.0 Compliance with 41 U.S.0 § 4712 - The subrecipient must comply with all applicable provision of 41 U.S.C. § 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, gross waste of federal funds, and abuse of authority relating to a federal grant, a substantial or specific danger to public health or safety, or a violation of law, rule or regulation related to a federal grant. SFY2017 JAG Standard Conditions Page 23 of 23 Rev. 0912016 Florida Department of Law Enforcement Justice Assistance Grant - County -wide In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Signature: Typed Name and Title: Date: State of Florida Department of Law Enforcement Office of Criminal Justice Grants Petrina T. Herring, Bureau Chief Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name of Sub�gr �n Signature: Typed Name and Title: Date: 08/26/2016 Bob McPartlan of Sebastian Implementing Agency Official, Administrator or Designated Representative Typed Name of Implementing Agency: Signature: Typed Name dnd�it�e: J. Michelle Morris, Chief of Police Date: 08/26/2016 Application Ref # 2017-JAGC-3003 Contract -JAGC-INRI--- Rule Reference 11D-9.006 OUG-005 (rev. October 2005) Section #6 Page 1 of 1 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Insert Certifications and Authorizations here. Application Ref # 2017-JAGC-3003 Section #7 Page 1 of 1 Contract 2017-JAGC-INRI-3-F9-083 Rule Reference 11D-9.006 OCJG-005 (rev. October 2005) City of Sebastian 1225 Main St. Sebastian, FL. 32958 (772)589-5330 July 13, 2016 Ms. Petrina T. Herring Administrator Office of Criminal Justice Grants Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Ms. Herring: In compliance with the State of Florida Rule 11D-9, F.A.C., the City of Sebastian approves the distribution of $61,136.00 of Federal Fiscal Year 2016/2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide- State Solicitation funds for the following projects within Indian River (county): Subgrantee (City of County) Fellsmere Police Dept. Indian River Co. Sheriffs Ofc. Title of Proiect Law Enforcement Programs Law Enforcement Programs Indian River Shores Public Safety Law Enforcement Programs Sebastian Police Dept. Vero Beach Police Dept. Total Grant Amount Sinc ly Bob McPartlan Mayor Law Enforcement Programs Law Enforcement Programs Dollar Amount (Federal Fundsl 12,227.00 12,228.00 12,227.00 12,227.00 12,227.00 61,136.00 m, SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 13 July 2016 Agenda Item Title: FY 2016/2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Recommendation: Move to approve the application process for the 2016/17Edward Byrne Memorial Justice Assistance Grant (JAG) -Countywide State Solicitation in the amount of $12,227.00. and approve the Mayor to sign 51 % letter to provide to the County Commission for submission. Background: On July 1, 2016 we received notice of grant funds available to Indian River County as part of the Florida Department of Law Enforcement (FDLE) United States Department of Justice (USDOJ) for FY 2016/17 JAG funds. FDLE has allocated $61,136.00 to Indian River County, in accordance with the Florida JAG Direct distribution provision of Chapter 11 D-9, Florida Administrative Code. Application must be submitted prior to the August 26, 2016 deadline. The grant funds can only be utilized for specific programs to include law enforcement. The police department plans to purchase equipment with the funds and will complete the grant by the August 26, 2016 deadline. If Aaenda Item Reauires Exuenditure of Funds: Total Cost: $12,227.00 will be covered under the grant. Amount Budgeted in Current FY: 0 If Cost Requires Appropriation: $0. Amount of Appropriation Required: $0. Fund to Be Utilized for Appropriation: Police Department Budget Administrative Services Department/CFO Review: Attachments: 1. Grant notice letter 2. 51% letter City Manager Authorization: Date: CERTIFICATE OF PARTICIPATION Edward Byrne Memorial Justice Assistance Grant (JAG) Program Ms. Petrina T. Herring Bureau Chief Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Ms. Herring: This letter provides notification that the Board of County Commissioners% Accepts _ Declines to serve as the coordinating unit of government for the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant.(JAG) Program. For purposes of coordinating the preparation of application(s) for grant funds with the Office of Criminal Justice Grants, the following individual is designated as County Coordinator for the county's FY16 subawards: Name: Michael R. Smykowski Title: Director, Management & Budget E-mail: msmykowski@ircgov.com Agency: Indian Rivver County Board of County Commissioners Address: 1801 27th Street City: Vero Beach, FL 32960-3388 Zip: Telephone: ( 772) 226-1214 County: Indian River Sincerely, 014a -6 - Bob Solari Chair, Board of County Commissioners Rule Reference 11D-9,006 OCJG-024 (Rev. June 2012) FDLE Florida Department of Law Enforcement Richard L. Swearingen Commissioner June 22, 2016 Business Support Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, FL 32302-1489 (850)617-1250 www.fdle.state.fl.us Honorable Bob Solari Chairman Indian River County Board of Commissioners 1801 27th Street Vero Beach, FL 32960 Rick Scott, Governor Pam Bondi, Attorney General Jeff Atwater, Chief Financial Officer Adam Putnam, Commissioner of Agriculture R�cF��F c'�O? C;ty C, `4 bast0i6' sC�� Re: Federal Fiscal Year (FFY) 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — JAG Countywide — State Solicitation Dear Chairman Solari: The Florida Department of Law Enforcement (FDLE) anticipates an award from the United States Department of Justice for IFFY 2016 JAG funds. FDLE will distribute these funds in accordance with the JAG Countywide distribution provisions of Chapter 11 D-9, Florida Administrative Code. FDLE has set aside $61,136 funds for use by all units of government within Indian River County. Enclosed are the following documents to assist your county with the strategic planning and allocation process. JAG -Countywide Program Announcement & Application Instructions JAG -Countywide Project Timeline JAG -Countywide Application Checklist Certificate of Participation The enclosed Program Announcement provides an overview of these funds which can be used by local units of government to support a broad range of activities to prevent and control crime and to improve the criminal justice system. Please note the Program Announcement includes information from the U.S. Department of Justice relating to several areas of national focus and its priorities to help maximize the effectiveness of the Byrne/JAG funding. As a condition of participation in this program, the units of government in each county must reach consensus concerning expenditure of these funds. This consensus must be documented in writing and include the projects to be implemented, the amounts allocated to each project and the agency responsible for such implementation. This process will require an individual to be designated to exercise leadership and assume a coordinating role in the development of applications for these funds. This coordinator will also serve as liaison between the Department's grants office and subrecipient(s) to ensure all reports, documentation, and timelines are adhered to in accordance with the agreement(s). FDLE recommends the Board of County Commissioners assume this responsibility. In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, to serve as the coordinating unit of government. Service • Integrity • Respect • Quality Honorable Bob Solari June 22, 2016 Page Two The enclosed Certificate of Participation form requests the identification of the County Coordinator. Please complete this form and return it to the address below by July 11, 2016. Once confirmed, the Department will forward additional information regarding the application process and FDLE's online grant management system to the coordinator. Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 We look forward to working with you. Please contact me or JAG supervisor Randall Smyth at (850) 617- 1250 with any questions or for further assistance regarding this program. Sincerely, �T�� Petrina Tuttle Herring Bureau Chief PTH/ps Enclosures cc: Mayors in Indian River County Law Enforcement Agencies in Indian River County Current JAG Project Directors in Indian River County ✓ RFo����0 U CN. Mia Florida Department of Law Enforcement CpyC0),& 2 Js Office of Criminal Justice Grants �SC$Zo Post Office Box 1489 Tallahassee, Florida 32302-1489 ( 850) 617-1250 criminaliusticeWdle.state.g.us Federal Fiscal Year 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program JAG -Countywide Program Announcement Application Instructions Important Pre- and Post -award Dates Application Checklist JAG Funding Assistance — Florida Page 1 of 26 FY16 Program Information (Rev. 06/2016) TABLE OF CONTENTS JAG -C Program Announcement.......................................................................3 Introduction Eligible Applicants Program Strategy, Purposes and Coordination Efforts Purpose Areas DOJ / Bureau of Justice Assistance Priorities Length of Award Distribution of Funds Application Access and Deadline Registration Requirements JAG Requirements Prohibited Uses & Controlled Expenditures Costs Requiring Pre -Approval Civil Rights Requirements State and Federal Transparency Creating the Application................................................................................13 Usemames Organizations Creating the Application Project Overview General Project Information Problem Identification Project Summary Technology Related Projects Administration Officials/Contacts Financial General Financial Information Project Budget, Budget Status Project Budget, Budget Narrative Salaries and Benefits Contractual Services Expenses Operating Capital Outlay (OCO) Equipment Indirect Costs Performance Federal and State Purpose Areas Objectives and Measures Standard Conditions Certifications Submitting the Application Contact Information Project Timeline (Important Pre -and Post -award Dates).........................................24 Application Checklist.....................................................................................25 JAG Funding Assistance — Florida Page 2 of 26 FYI Program Information (Rev. 06/2016) JAG -C Proaram Announcement Introduction The State of Florida, Department of Law Enforcement (FDLE) anticipates an award from the United States Department of Justice (USDOJ) for $11,351,298 for the Edward Byrne Memorial Justice Assistance Grant (JAG). FDLE will distribute JAG -Countywide (JAG -C) local share funds in accordance with the JAG -C distribution provisions of Chapter 11 D-9, Florida Administrative Code. This announcement is to notify eligible applicants of program requirements. Please note this Program Announcement includes information from the USDOJ relating several areas of national focus and its priorities to help maximize the effectiveness of the Byrne/JAG funding. Eligible Applicants Units of local government are eligible to receive subawards from FDLE. "Units of local government" means any city, county, town, township, borough, parish, village, or other general-purpose political subdivision of a State and includes Native American Tribes that perform law enforcement functions as determined by the Secretary of the Interior. Program Strategy, Purposes and Coordination Efforts The Office of Criminal Justice Grants (OCJG) administers the JAG Program for the State of Florida. The JAG Program replaced the Byrne Formula and Local Law Enforcement Block Grant (LLEBG) programs with a single funding mechanism that simplifies the administration process for grantees and allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system. The procedure for allocating JAG funds is a formula based on population and crime statistics in combination with a minimum allocation. Traditionally, under the Byrne Formula and LLEBG Programs, funds were distributed 60/40 between state and local recipients. This distribution continues under JAG. FDLE has designated the 60% funding awarded to the State of Florida as JAG Countywide, which has a variable pass through requirement to locals. The 40% funding designated for units of local government receiving awards of $10,000 or less, passed through the State of Florida, is referred to as the Florida JAG Direct. It is possible for a unit of government to receive funding under both JAG Countywide and Florida JAG Direct. This program announcement is for the JAG Countywide funds. The Florida JAG Direct funds will be announced once JAG Countywide is complete. Each county is allocated a sum of money for use by all local governments within the county. This amount is determined through a funding algorithm established in the administrative rule. Chapter 11D-9, Florida Administrative Code, requires that units of government in each county reach consensus concerning the expenditure of these funds, including projects to be implemented and the agency responsible for such implementation. Maximum coordination is required to meet this program requirement, and the Department requests the county board of commissioners to serve as the coordinating unit for all local governments within the county. The Chairman of the Board of County Commissioners in each county is notified and is requested to return to the Department a statement of certification indicating the county's willingness to serve. This certification must be returned within 10 business days from the date of receipt of notification. In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, to serve as the coordinating unit of government. Furthermore, FDLE requires that units of government in each county reach consensus concerning the expenditure of the JAG funds, including the projects to be implemented and the agency responsible for such implementation. Each county must document this consensus by submitting letters from at least 51 percent of the units of government which also represent at least 51 percent of the population located in said county. This process to determine use of federal funds should incorporate strategic planning, and each recipient is encouraged to appoint a Substance Abuse and Violent Crime Policy Advisory Board. The membership of this advisory board shall include, at a minimum, the following persons or their authorized designee: Chief Circuit Judge, State Attorney, Public Defender, Sheriff, Chief of Police of each municipality within the county or a Chief of Police designated by those Chiefs of Police as their representative, Jail Administrator, Clerk of the Court, Superintendent of Education and a representative of local drug treatment programs. An existing Board or Council whose membership includes the listed representatives may be utilized in lieu of appointing a new Board or Council. JAG Funding Assistance —Florida Page 3 of 26 FYI Program Information (Rev. 06/2016) Purpose Areas JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: 1. Law enforcement programs; 2. Prosecution and court programs; 3. Prevention and education programs; 4. Corrections and community corrections programs; 5. Drug treatment and enforcement programs; 6. Planning, evaluation, and technology improvement programs; and 7. Crime victim and witness programs. Any law enforcement or justice initiative previously eligible for funding under Byrne or LLEBG is eligible for JAG funding. However, please limit each application for funding to one program type, for example, equipment purchase, task force, crime prevention, school resource officer, prevention education, drug treatment, domestic violence. DOJ/Bureau of Justice Assistance (BJA) Priorities Evidence -Based Programs or Practices OJP strongly emphasizes the use of data and evidence in policy making and program development in criminal justice, juvenile justice, and crime victim services. OJP is committed to: 1. Improving the quantity and quality of evidence OJP generates 2. Integrating evidence into program, practice, and policy decisions within OJP and the field 3. Improving the translation of evidence into practice OJP considers programs and practices to be evidence -based when their effectiveness has been demonstrated by causal evidence, generally obtained through one or more outcome evaluations. Causal evidence documents a relationship between an activity or intervention (including technology) and its intended outcome, including measuring the direction and size of a change, and the extent to which a change may be attributed to the activity or intervention. Causal evidence depends on the use of scientific methods to rule out, to the extent possible, alternative explanations for the documented change. The strength of causal evidence, based on the factors described above, will influence the degree to which OJP considers a program or practice to be evidence -based. OJP's CrimeSolutions.gov web site is one resource that applicants may use to find information about evidence -based programs in criminal justice, juvenile justice, and crime victim services. A useful matrix of evidence -based policing programs and strategies is available through the Center for Evidence -Based Crime Policy at George Mason University. In the reentry field, a summary of research -based reentry strategies is available on the National Reentry Resource Centers What Works in Reentry Clearinghouse link. BJA offers a number of program models designed to effectively implement evidence -based strategies including Smart Policing, Smart Supervision, Smart Pretrial, Smart Defense, and Smart Prosecution. BJA encourages states to use JAG funds to support these "smart on crime" strategies, including effective partnerships with universities and research partners and with non- traditional criminal justice partners. JAG Priority Areas BJA wishes to ensure that recipients are aware of several areas of national focus and priority and to encourage recipients to maximize the effective use of JAG funds. The following is a list of key priorities: Reducing Gun Violence Gun violence has touched every state, county, city, town, and tribal government in America. In an effort to address this continuing need, BJA continues to encourage states and localities to invest valuable JAG funds in programs to: combat gun violence, enforce existing firearms laws, improve the process used to ensure that those prohibited from purchasing or owning guns are prevented from doing so, enhance reporting to the FBI's National Instant Criminal Background JAG Funding Assistance - Florida Page 4 of 26 FY16 Program Information (Rev. 06/2016) Check System (NICS) and provide active shooter response training to law enforcement officers and first responders Recidivism Reduction, Pretrial Reform and Justice System Realignment In this time of fiscal austerity, reducing unnecessary incarceration in a manner that promotes public safety is a paramount goal. Effective community supervision of non-violent offenders coupled with evidence -based program interventions can result in significant reductions in recidivism. A priority funding area is the implementation of effective pretrial services programs. The use of validated risk assessment tools to inform pre- trial release decisions is critical. For a variety of resources, or to request BJA supported technical assistance from the Pretrial Justice Institute, see www.pretrial.org. Another priority for JAG funding is to support innovative programs and approaches in probation and parole supervision that improve services to offenders and increase collaborative efforts among community supervision agencies with law enforcement and the courts. Another promising approach to justice systems reform is the Justice Reinvestment Initiative (JRI), a public-private partnership between BJA and the PEW Public Safety Performance Project. Currently, 27 states in addition to many local governments, are working to control spiraling incarceration costs through JRI and reinvestment savings in evidence -based criminal justice programs and strategies. Strategic investment of JAG funds to implement JRI legislation and policy changes in those states and localities can augment federal funds and achieve greater cost savings and reinvestments in programs to promote public safety. (See the Urban Institute's Justice Reinvestment Initiative State Assessment Report.) Indigent Defense Another key priority area is support for indigent defense. BJA continues to encourage states and SAAs to use JAG funds to support the vital needs of the indigent defense community. Attorney General Holder has consistently stressed that the crisis in indigent defense reform is a serious concern which must be addressed if true justice is to be achieved in our nation. In 2002, the American Bar Association (ABA) published Ten Principles of a Public Defense Delivery System which represent fundamental building blocks for implementing quality legal representation for indigent defendants. (See ABA's Ten Principles of a Public Defense Delivery System.) Improving Mental Health Services Disproportionate numbers of people with mental illness are involved in the criminal justice system often as a result of untreated or undertreated mental illness. This is an issue that impacts numerous facets of the criminal justice system. BJA encourages states to utilize JAG funding in support of programs and policy changes aimed at the following: identifying and treating people with severe mental illness before they reach crisis point; training law enforcement and correctional officers on mental health and mental health related crisis -intervention; increasing justice system diversion strategies to divert offenders with mental illness from unnecessary arrest and incarceration to more appropriate and cost-effective community-based treatment and supervision; mental health courts, allowing inmates to continue psychotropic medication in jails; and improving oversight of mental health care in jails, increasing post -jail housing options and enhancing community mental health services. Length of Award JAG -Countywide awards are typically for a period not to exceed twelve months beginning on October 1 and ending on September 30. Distribution of Funds Grant funds are distributed on a cost reimbursement basis for satisfactory performance of eligible activities. Requests for reimbursement can be submitted on a monthly or quarterly basis and should include total expenditures for the period reflected. Reimbursements will be processed in conjunction with receipt of programmatic performance reports to determine successful completion of minimum performance deliverables as specified in the agreement. Application Access and Deadline Applications must be submitted via the FDLE Subgrant Information Management Online grant management system (SIMON) by August 26, 2016. In addition, please mail two hard copies of the application with original signature pages to FDLE by August 31, 2016. JAG Funding Assistance — Florida Page 5 of 26 FY16 Program Information (Rev. 06/2016) Registration Requirements To apply for JAG funds in SIMON, an organization and its users must be registered in SIMON, have a Data Universal Numbering System (DUNS) number as required by OJP, and be registered with the U.S. Federal Government's System for Award Management (SAM.gov). JAG Requirements Compliance with applicable federal laws Applicants for JAG subawards are required to certify compliance with all applicable federal laws at the time of application. In that regard, Members of Congress have asked the Department of Justice to examine whether jurisdictions with "sanctuary policies," (meaning those that either prevent law enforcement from releasing persons without lawful immigration status into federal custody for deportation, or that prevent state or local law enforcement from sharing certain information with the Department of Homeland Security (DHS) officials), are in violation of 8 U.S.C. section 1373. All applicants should understand that if DOJ Office of Justice Programs receives information that indicates an applicant may be in violation of any applicable federal law, that applicant may be referred to the DOJ Office of Inspector General (OIG) for investigation; if the applicant is found to be in violation of an applicable federal law by the OIG, the applicant may be subject to criminal and civil penalties, in addition to relevant OJP programmatic penalties, including suspension or termination of funds, inclusion on the high risk list, repayment of funds or suspension and debarment. Costs Associated with Language Assistance Costs of taking reasonable steps to provide meaningful access to grant funded services or benefits for individuals with limited English proficiency may be allowable. Reasonable steps to provide meaningful access to services or benefits may include interpretation or translation services where appropriate. Please refer to DOJ's Civil Rights Compliance section or FDLE's JAG Standard Conditions for additional information. Body Armor Bulletproof vests 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 (NIJ) ballistic or stab standards. In addition, bulletproof vests purchased must be American-made. The latest NIJ standard information can be found at https//www.nii.gov/tooicsttechnologv/bodv- armor/Pages/welcome.aspx. To use JAG funds for bulletproof vests, the agency must certify that a written "mandatory wear" policy is in effect. FAQs for the mandatory wear policy and certifications can be found at https://www.bia.gov/Funding/JAGFAQ.Pdf. This policy must be in place for all uniformed officers before any JAG funding can be used for vests. A sample policy is available from OCJG. JAG funds may not be used to meet the 50% match requirement for the Bulletproof Vest Program Body -Worn Camera (BWC) purchases JAG funds may be used for body worn camera programs to purchase equipment or to implement or enhance BWC programs. Subrecipients wishing to use JAG funds for BWC programs must certify the law enforcement agency receiving the funds have policies and procedures in place relating to equipment use, data storage, privacy, victims, access, disclosure and training. Any subrecipient wishing to use JAG funds for BWC related expenses that do not have BWC policies and procedures in place will have funds withheld until a certification is submitted and approved by OCJG and DOJ Bureau of Justice Assistance. Information regarding BWC policies, resources, and best practices can be found at https://www.bia.gov/bwg. JAG funds may be used to meet the 50% match requirement for the State of Florida 2016-17 Body Worn Cameras Grant Program. Law Enforcement Agency Training Information Any law enforcement agency receiving a subaward for JAG funding must submit performance accountability metrics data SIMON related to training on use of force, racial and ethnic bias, de-escalation of conflict and constructive JAG Funding Assistance — Florida Page 6 of 26 FY16 Program Information (Rev. 06/2016) engagement with the public that officers have received. These metrics will be collected by FDLE's grants office and reported to BJA's Performance Management Tool (PMT). Information regarding these accountability measures maybe found at http://www.biai)erformancetools.ora/helplagdors.html. If JAG funds will be used for DNA testing of evidentiary materials, any resulting eligible 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 written approval from FDLE's grants office and BJA. Interoperable Communications Subrecipients utilizing FY16 JAG funds to support emergency communications activities (including 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) should review the FY 2016 SAFECOM Guidance. Additionally, all communications equipment purchased with grant award funding should be identified during performance metrics reporting. To promote information sharing and enable interoperability among disparate systems across the justice and public safety community, subrecipients are required to comply with DOJ's Global Justice Information Sharing Initiative guidelines and recommendations for this grant. Subgrantees shall document planned approaches to information sharing and describe compliance to the Global Standards Package (GSP) and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. Prohibited Uses & Controlled Expenditures JAG funds may not be used directly or indirectly for security enhancements or equipment to nongovernmental entities not engaged in criminal justice or public safety. JAG funds may not be used t0 supplant state or local funds; this includes overtime pay, uniforms, clothing allowances, etc. for a given activity. Controlled Expenditures Items listed below are strictly prohibited and cannot be approved for JAG programs under any circumstances as per Executive Order 13688 on Federal Support for Local Law Equipment Acquisition: 1. Tracked armored vehicles 2. Weaponized aircraft, vessels and vehicles of any kind 3. Firearms and/or ammunition with a caliber of .50 or higher 4. Grenade launchers 5. Bayonets 6. Camouflage Uniforms (digital pattern) - woodland and desert patterns are allowable based on operational needs. Camouflage may not be worn in urban or populous areas. Under extraordinary and exigent circumstances, the USDOJ, Bureau of Justice Assistance (BJA) may allow the following items to be procured with JAG funds so long as prior approval is obtained from BJA: 1. Unmanned Aerial Systems (UAS), Unmanned Aircraft (UA), and/or Unmanned Aerial Vehicle (UAV)- to utilize JAG funds for UAS, UA, and/or UAV purchases award recipients must adhere to the UAS Guidance found here: https:/Avww.bia.gov/Publications/BJA-UAS-Guidance.pdf 2. Armored Vehicles (wheeled) 3. Command and/or Control Vehicles (bus, recreational vehicle, etc.)' 4. 'Boats JAG Funding Assistance - Florida Page 7 of 26 FY16 Program Information (Rev. 06/2016) 5. 'Tactical and/or passenger SUVs, vans, trucks, and sedans (excluding SUVs and sedans that are used for police patrol) 6. Manned aircraft, fixed and/or rotary wing 7. Specialized firearms and ammunition under .50 caliber (excludes firearms/ammunition for routine duties) 8. Breaching Apparatus (battering ram or similar entry device) 9. Riot helmets, shields and/or batons (excluding service -issued telescopic or fixed length straight batons) 10. Explosives and pyrotechnics 11. Luxury items and real estate 12. Construction Projects (other than penal/correctional institutions) 13. 'Segway, ATV, and golf cart (non -police patrol) Controlled Expenditure request is required if the vehicle is not being used in the ordinary course by police forces in the United States for patrol activities. Additionally, Segway's, ATVs and golf carts never require a controlled expenditure request in states which do not require licensing and registration for those vehicle types. If an agency wishes to use JAG funds for a controlled item and/or project at the time of application, the agency must submit a letter with their application. The letter must be on their agency's letterhead, from the chief official, should be addressed to the FDLE OCJG Bureau Chief and address or include an enclosure with all elements outlined in the JAG controlled expenditures justification template. For a list of controlled expenditures and the 11 elements that must be addressed in the letter, please click here: hftps://www.bJa.qov/Funding/JAGControlledPurchaseList.pdf. Costs Requiring Pre -Approval Vehicles The purchase of vehicles (other than police cruisers as defined above) requires pre -approval from BJA. This requirement pertains to trucks and all other non -SUV specialty vehicles. Before allowing a vehicle purchase, BJA must determine that "extraordinary and exigent circumstances exist that make the use of funds to purchase the vehicle essential to the maintenance of public safety and good order." (JAG FAQ: hftps://vAvw.bia.gov/Funding/JAGFAQ.i)d - A separate letter must be submitted with the application describing the type of vehicle requested, the need for this type of vehicle, the purchase amount, and how it will be used for project activities. The letter should also explain why the agency is unable to purchase the vehicle with other funds and identify potential consequences if the request is not approved. Note: Segway's, golf carts, ATVs, bicycles, etc. do not require pre -approval from BJA as long as the mode of transportation does not require state licensing or registration. Methamphetamine Mitigation Plans Any program that funds any portion of methamphetamine laboratory operations or clean-up must complete a Meth Mitigation Plan that includes the nine protective measures or components required by BJA. If an agency's application requests costs related to meth lab operations, review the Standard Condition, "Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories" and the BJA website related to NEPA compliance (including in relation to meth labs) (www.bla.c[ov/Funding/nepa.html); then please contact FDLE's Office of Criminal Justice Grants for further assistance. Publications and Other Media All media created or published using federal grant funds must be reviewed and approved by FDLE and/or BJA prior to release or distribution. This includes any curricula, training materials, brochures, or other written materials that will be published, including web -based materials and web site content, as well as all audio or video materials, including Public Service Announcements. Grant recipients must submit a draft of each proposed item to OCJG no later than thirty (30) days prior to the targeted dissemination date. For items containing videos, a transcript may be provided with screenshots or a description of the visual portion. All materials publicizing or resulting from award activities shall contain the following statements: JAG Funding Assistance - Florida Page 8 of 26 FY16 Program Information (Rev. 06/2016) "This project was supported by Award No. awarded by the Bureau of Justice Assistance, Office of Justice programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the authors and do not necessarily reflect the views of the Department of Justice." This requirement does not apply to the purchase or reproduction of existing materials or items created by other agencies or vendors, for example, crime prevention brochures. This requirement also does not apply to items that serve only to advertise an event or the availability of services. If in doubt as to whether this requirement applies to your project, please contact FDLE's grant's office. NEPA Any improvement, building or construction project will require pre -approval to ensure compliance with the National Environmental Policy Act (NEPA). This may include relatively minor activities such as installing fence posts, security or surveillance cameras, or anchoring any item to the ground. If the grant will fund any activities that may fall under this requirement, review the Standard Condition related to NEPA and the section of the BJA web site related to NEPA compliance (www.bia.gov/Funding/nepa.htm0; then contact FDLE's grants office for assistance. Sole Source If any proposed costs will be sole source to a single vendor, a sole source justification must be maintained on file. For sole source procurement over the federal acquisition threshold of $150,000, pre -approval must be obtained by both FDLE and DOJ. Recipients should submit the Sole Source Justification Form with the application or as soon as the procurement method is known. Automated Data Processing (ADP) Equipment Agencies requesting to purchase ADP equipment that exceed $150,000, you must complete an ADP Equipment and Software and Criminal Justice Information and Communication Systems Request for Approval Form and enclose this form with the project application. See the section on Automated Data Processing (ADP) Equipment in the Certifications section of Creating an Application below. Civil Rights Requirements Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subrecipients, implementing agencies, and contractors must comply with any applicable statutorily -imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. §12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); and Department of Justice Non - Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith -based and community organizations). 2. FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability, or age in the delivery of services or benefits or in employment. 3. Subrecipients are responsible for ensuring that contractors, vendors, and agencies to whom they pass-through funds are in compliance with all Civil Rights requirements and that the contractors, vendors, and agencies are aware that they may file a discrimination complaint with the subrecipients, with FDLE, or with the Office for Civil Rights and how to do so. 4. Equal Employment Opportunity Plans a. A subrecipient or implementing agency must develop an EEO Plan if it has 50 or more employees and has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on-line short form at www.oip.usdoi.gov/abouttocr/eeoo complv.htm, must be retained by the subrecipients or implementing agency, and must be available for review or audit. b. If the subrecipients 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 the EEO plan to the JAG Funding Assistance - Florida Page 9 of 26 FY16 Program Information (Rev. 06/2016) 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. c. To prepare an EEOP, please visit the OCR website at www.oip.usdoi.gov/aboutfocr/eeop.htm. The website contains an automated on-line EEOP Short Form for preparing a plan that provides screen -by -screen prompts to complete the plan. All new EEOPs must be completed using the on-line short form. Recipient of JAG Countywide funds from FDLE are considered a "subrecipient." For subrecipients, the Short Form will ask for two grant numbers. The grant number at the top of the screen is the application number from SIMON. For grants that have already been awarded, use the subaward number (for example, 2999-JAGC-CNTY-99-09-999). For current applications and any others that have not yet been awarded, use the application reference number (for example, 2999-JAGC-999). The grant number on the bottom half of the screen is FDLE's federal grant number from USDOJ. Please contact OCJG for this number. d. A subrecipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees, 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. e. All subrecipients and implementing agencies must also submit an EEO Certification to FDLE. f. The subrecipients 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. g. 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. h. In accordance with federal civil rights laws, the subrecipients shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. I. Subrecipients must include comprehensive Civil Rights/Nondiscrimination Provisions in all contracts funded by the subaward recipient. j. If the subrecipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a complaint with the subrecipient, with FDLE or with the Office for Civil Rights. Discrimination complaints may be submitted to FDLE at Office of the Inspector General, P.O. Box 1489, Tallahassee, Florida 32302-1489 or emailed to fdlecommentsefdle.state.fl.us. Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, NW, Washington, DC 20531, by phone at (202)307-0690. k. The subrecipient must have procedures in place for responding to discrimination complaints that employees and clients, customers, and program participants file directly with the subrecipient. I. 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. m. Americans with Disabilities Act Subrecipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 1), state and local government services and transportation (Title II), public accommodations (Title 111), and telecommunications (Title IV). n. Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the JAG Funding Assistance — Florida Page 10 of 26 FY16 Program Information (Rev. 06/2016) civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. o. Equal Treatment for Faith Based Organizations The subrecipient agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a subrecipient must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See htto:/Mrww.oip.gov/abouttocr/equal fbo.htm. Grant recipients must be able to document compliance with each of these requirements at the time of monitoring. Please contact OCJG with questions about how these requirements relate to a grant project or about the specific documentation that will be required. State and Federal Transparency Subaward agreements and information supplied to the Office of Criminal Justice Grants for grant management and payment purposes will be used to report to the following mandatory state and federal transparency systems. Federal Funding Accountability and Transparency Act (FFATAI The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov. Florida Accountability and Contract Trackina System (FACTS) The Florida Legislature amended Section 215.985, F.S., making the Department of Financial Services (DFS) responsible for the development and maintenance of a contract reporting system, the Florida Accountability Contract Tracking System (FACTS). State law requires all agreements (contracts, purchase orders and grants for state or federal financial assistance) to be placed in this transparency system. FDLE will provide all subaward agreements from SIMON to the FACTS system, including original contract and amendment document images. The following excerpt from F.S. 215.985 provides information for the specific information required to be provided to FACTS. The Chief Financial Officer shall establish and maintain a secure contract tracking system available for viewing and downloading by the public through a secure website. The Chief Financial Officer shall use appropriate Internet security measures to ensure that no person has the ability to alter or modify records available on the website. 1. Within 30 calendar days after executing a contract, each state entity shall post the following information relating to the contract on the contract tracking system: a. The names of the contracting entities. b. The procurement method. c. The contract beginning and ending dates. d. The nature or type of the commodities or services purchased. e. Applicable contract unit prices and deliverables. f. Total compensation to be paid or received under the contract. JAG Funding Assistance - Florida Page 11 of 26 FY16 Program Information (Rev. 06/2016) g. All payments made to the contractor to date. h. Applicable contract performance measures. i. If a competitive solicitation was not used to procure the goods or services, the justification of such action, including citation to a statutory exemption or exception from competitive solicitation, if any. j. Electronic copies of the contract and procurement documents that have been redacted to exclude confidential or exempt information. 2. Within 30 calendar days after an amendment to an existing contract, the state entity that is a party to the contract must update the information described in paragraph (a) in the contract tracking system. An amendment to a contract includes, but is not limited to, a renewal, termination, or extension of the contract or a modification of the terms of the contract. 3. By January 1, 2014, each state entity shall post to the contract tracking system the information required in paragraph (a) for each existing contract that was executed before July 1, 2013, with payment from state funds made after June 30, 2013. 4. Records made available on the contract tracking system may not reveal information made confidential or exempt by law. Exemption from FACTS The SIMON grant management system allows for partial or complete contract exemption from FACTS for those agreements containing information exempt from public records. Please contact OCJG for additional information, to determine whether an agreement would be exempt, and the process and documentation required for exemption. Performance Management Tool (PMT) BJA maintains the Performance Management Tool (PMT) online system for reporting performance data for subaward agreements. Performance Measures The subrecipient must include in the application an indication of the timing and scope of expected performance as related to the outcomes intended to be achieved by the program. Where appropriate, the application may include specific performance goals, indicators, milestones, or expected outcomes (such as outputs, or services performed or public impacts of any of these) with an expected timeline for accomplishment. Reporting requirements must be clearly articulated such that, where appropriate, performance during the execution of the award has a standard against which the subrecipienfs performance can be measured. These requirements should be aligned with agency strategic goals, strategic objectives or performance goals that are relevant to the program. See OMB Uniform Grant Guidance (2 CFR Part 200) 200.76 and 200.77. JAG Funding Assistance — Florida Page 12 of 26 FY16 Program Information (Rev. 0612016) Creating the Application Failure to follow these instructions and submit all required information will result in the application being returned in SIMON for inclusion of the missing information OR the attachment of a withholding of funds special condition at the time of award. Applications will be submitted via FDLE's online grants management system, SIMON, which can be accessed at htto://simon.fdle.state.fl.us. This website also includes a Help section containing a detailed user manual and frequently asked questions for some of the SIMON related tasks. Please read this manual before beginning the application process in SIMON. Due to the time involved in processing and approving user accounts and organization(s) requests, it is imperative that applicants complete the following steps as soon as possible. (If the agency already has a user account and the organizations subrecipient and implementing agency already exist in SIMON, please disregard Steps 1 and 2). Step 1: USERNAMES Any member of a subaward agency working on the grant who does not already have a SIMON user account should create one by clicking "Register" on the front page of SIMON and completing the associated request form. Users will then receive an email containing the SIMON usemame and password. These are computer generated, and only the person whose email address appears in the request will receive the username and password. Step 2: ORGANIZATION If your subrecipient and your implementing agency organizations are not already in the system, they must now be entered. Please note that a Data Universal Numbering System (DUNS) number is required to complete this step. A DUNS number is a unique nine -digit sequence recognized as the universal standard for identifying and keeping track of entities receiving federal funds. The identifier is used for tracking purposes and to validate address and point of contact information for federal assistance applicants, recipients, and subrecipients. To obtain a free DUNS number call Dun and Bradstreet at (866) 705-5711 or apply online at http://fedcov.dnb.com/webforn/disi)lavHomepacie.do. The subrecipient must also have an active registration with the U.S. Federal Government's System for Award Management (SAM), formerly known as the Central Contractor Registration (CCR) System. Please visit httos://www.sam.00v to register or update/reactivate the organization's information. The application will not be awarded until this step has been completed. Step 3: CREATING THE APPLICATION The person who creates the application is the Application Manager and can modify/submit all tasks in SIMON regarding this application. Please review the position roles that are in SIMON (spreadsheet on Page 19 of user manual). More than one person can edit a module of an application by being assigned a role by the Application Manager. When a user who is not the Application Manager opens a transaction, the user will need to click the "Lock Transaction for Editing" button on the screen, make and save changes, and then click "Unlock Transaction" button. (The reason for locking and unlocking a transaction is further explained in the user manual.) Please review the spreadsheet carefully to understand which roles are able to perform specific tasks. Financial transactions are electronically signed and must be submitted by a Chief Financial Officer or designee. Please be sure to assign the appropriate roles to all necessary financial staff in SIMON. The application consists of four main components: Administration, Project Overview, Performance, and Financial. The on-line user manual provides detailed instructions for completing the application. The following information will provide additional guidance to troubleshoot some of the most frequent problems. *"When entering data into SIMON, remember to SAVE the information on EACH screen" Failure to submit required Program information will result in an application being returned in SIMON for inclusion of the missing information OR the attachment of a withholding of funds special condition at the time of award. JAG Funding Assistance — Florida Page 13 of 26 FY16 Program Information (Rev. 06/2016) Project Overview General Project Information 1. Project Title. Enter a short, descriptive project title. The initial project title will remain the same throughout the subaward period. If this application is a continuation of a previous year project, the project title should not change. 2. Subaward Period. The typical subaward has a start date of October 1 and is for a period not to exceed twelve (12) months. Problem Identification The problem identification is a brief description of the problem addressed with the subaward funds. Be aware this text entry area is limited to approximately 7,000 characters and does not have spell check or special formatting; therefore, we recommend information first be entered into a word processing program and then copied into SIMON. Please be aware that when pasting information into SIMON some characters may convert to symbols. It is important to review the information placed into each section for accuracy prior to submitting the application. Be sure to address the following items 1. Problem Descriotion. What is the problem to which the project is responding? Define the problem as it relates to the program area under which funds are being sought. Be concise, avoid redundancy, but give enough detail to allow the reviewer to understand the problem. 2. Problem Significance. Why is this problem significant to the subrecipient? Identify who is affected by the problem including the specific types of individuals who contribute to and/or who are negatively affected by the problem. Write for an audience that knows nothing about the problem and explain why it is important that the proposed project address this problem at this time. 3. Needs Assessment. Identify the current scope of the problem. Support your problem statement(s) with factual information. Use both quantitative and descriptive data that relates to the specific geographic area(s) and problem. If this is a new subaward, highlight identified unmet needs the project will address this year. If this is a continuation of a pre-existing subaward, provide a brief summary of project accomplishments in meeting identified needs to date. Project Summary (Scope of Work) The Project Summary is a brief description of how the proposed project will focus on the problem. Be aware that this text entry area is limited to approximately 7,000 characters and does not have spell check or special formatting; therefore, we recommend information first be entered into a word processing program and then copied into SIMON. Be sure to address any of the following items that are relevant to your project: 1. What will the project accomplish? 2. Who will receive services? (Participants must be involved with the criminal justice system.) 3. Who will provide services? 4. What other agencies will participate? For a multijurisdictional task force, provide a copy of the task force agreement. The agreement must address how assets will be divided if the task force is disbanded. 5. If your project includes significant equipment purchases, describe the equipment to be purchased and how it will be used in project operations. 6. State what documentation will be provided to document deliverables. 7. Do not use brand or model names or include quantities or dollar amounts. JAG Funding Assistance — Florida Page 14 of 26 FY16 Program Information (Rev. 06/2016) 8. Give a general description of cost covered by grant funds. 9. Answer all section questions. Technology Related Projects Subawards that may involve technology related projects, information sharing initiatives, or other projects that would result in the local system connecting to or interfacing with the state or national enforcement network must include the following statement in the Project Summary/Scope of Work: "This project requests federal grant funding for a law enforcement or criminal justice technology related project and may be subject to review and approval by the State Information Technology (IT) Point of Contact. By utilizing funds for this project, the subrecipient and implementing agency agree to conform to all state and national standards for technology and information sharing systems that connect to, and/or interface with state and national systems, and/or reside on the state Criminal Justice Network (CJNet). These standards include, but are not limited to, the FBI CJIS Security Policy and any rules, regulations or guidance enacted by the Criminal and Juvenile Justice Information System (CJJIS) Council under F.S. 943.00." Administration Officials/Contact The Chief Officials and Chief Financial Officers are filled automatically based on organization data. To modify these individuals, please consult the user manual, Chapter 7. A Project Director must be assigned by selecting the "Assign Role" button. If the decision is made to divide tasks, select the "Assign Role" button and assign other contact positions. If an individual is assigned as the subrecipient or implementing agency chief official designee, written documentation of signature authority for that person must be on file and available for review at monitoring. Financial General Financial Info Financial reports may be submitted monthly or quarterly and are due within 30 days after the end of the reporting period. Receipt of funds will be contingent on timely reporting. Project Budget, Budget Status 1. When entering information under Financial, Project Budget, the CALCULATE button and the SAVE button must be clicked for the changes to be permanent; clicking the SAVE button without first calculating will not save the changes. 2. Please show all funds budgeted to the next highest dollar; do not include cents. (Example, show $4,505.25 as $4,506.) Since match dollars are not required, please leave the match amounts at zero. 3. The amounts in the Budget Categories must match the amounts in the Budget Narrative. Project Budget. Budget Narrative 1. General Instructions a. You must briefly describe the budget categories requested. Be aware that this text entry area is limited to approximately 9,000 characters. b. If the budget includes services based on unit costs, in the space provided under Financial Section Questions, be sure to provide a definition and cost for each service and to describe the basis for unit costs and to state when the basis was established or updated. JAG Funding Assistance — Florida Page 15 of 26 FY16 Program Information (Rev. 06/2016) c. The Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO), Indirect Costs). A category title and a subtotal for each category in the budget narrative must be identified, as well as the total project costs. d. Describe the line items in each applicable budget category for which the application is requesting subaward funding. Provide sufficient detail to show cost relationships to project activities. Do not use model/brand names. e. Do not allocate or include as a cost any item approved or requested on another federally financed program. f. Federal funds may not supplant state or local funds; this includes overtime pay for a given activity. For additional guidance, please refer to the USDOJ Financial Guide at htto://oi o.g ov/financialquide/DOJ/ g. If actual project costs will exceed the available grant funding, make a statement that the subrecipient will cover all costs in excess of the amount available. 2. Required Criteria for Documenting Allowable Project Costs a. Costs are necessary and reasonable for proper and efficient project administration and implementation and not a general expense to carry out a subrecipient's overall responsibilities. b. Costs are authorized by Federal Code or Florida Statutes or local laws and regulations are in effect at the time subaward is awarded. c. Costs are treated consistently with policies, regulations, and procedures that apply uniformly to other subrecipient activities. d. Costs reflect the net of all applicable credits. Applicable credits means receipts or reduction of expenditure transactions that offset or reduce expense items. Applicable credits may include purchase discounts, rebates or allowances, recoveries or indemnities on losses, sales of publications, etc. Applicable credits may also occur when the subrecipient or implementing agency receives federal funds from sources other than this subaward to finance operations or capital items. 3. Budget Categories a. Salaries and Benefits- Funds used to support payment of salaries and benefits to government employees dedicated to project activities. b. Positions created with subaward funds must be in excess of the current number of appropriated positions in the implementing agency. If Salaries and Benefits are included in the budget cost as actual costs for staff in the implementing agency, is there a net personnel increase or a continued net personnel increase from the initial year? If no, state that no benefits will be charged to the grant. If yes, please list number and title of position and type of benefits. Be sure to answer the Financial Section Question about net personnel increase. c. For full and part time positions, list the number and type of positions and the salary for each position (do not give names of individuals in the positions funded). State what percentage of the position's salary will be charged to the grant. If the position was grant -funded in a prior year, the percentage of the position's salary funded cannot exceed the percentage paid for the same position in prior years with grant funds. d. For each position, include the following statement in the Budget Narrative: "This position will work XX% of time on project and the grant will pay for XX% of the salarylbenefiits." e. If the grant will pay for less than 100% of the salary and benefits for a position that is working 100% of its time on the grant, include one of the following statements in addition to the statement JAG Funding Assistance — Florida Page 16 of 26 FY16 Program Information (Rev. 06/2016) required in #3 above: i. The grant will be charged at 100% of salaries and benefits until all funds budgeted for the position are expended. The agency will continue to fund the position through the end of the grant period. ii. The grant will be charged at XX% for each reporting period for the life of the grant. f. If the position will spend 100% of its time on grant -related activities, regardless of the percentage of costs to be reimbursed by the grant, the subrecipient will be required to submit a Certification for Employees Working Solely on a Single Federal Award every six months and at closeout. g. For overtime, list the types of positions that will be paid overtime, the estimated number of hours to be worked and estimated rate of pay. h. For all positions, including overtime, list all benefits to be paid by type (such as retirement, health insurance, social security). For overtime, do not include any benefits that are paid in full on the individual's straight -time salary. If no benefits will be paid, state "No benefits will be charged to the grant" in the Budget Narrative. i. The Project Summary should include a brief description, for all grant -funded positions, that clearly identifies the work related to the project. j. Pay and benefits cannot be increased because of federal monies. Employees are to be paid their actual regular hourly rate / overtime hourly rate not the estimated amount reflected on the approved budget narrative. Benefits claimed can only be what are normally claimed for position(s) in the approved budget. Contractual Services- Funds paid to an individual, organization, or other unit of government for specified services provided under terms of the contract between the subrecipient and the contract provider. Briefly describe how these services will be procured. The contract must include, by reference, the Standard Conditions section of the Subaward Application. Project contractual services must comply with the following requirements: 1. Local units of government must use their respective rules and regulations. In the absence of local rules and regulations, or if state regulations are more restrictive, state regulations must be used as a guide. 2. If the relationship with the service provider is contractual, describe the procurement process (competitive bids or sole source). If sole source procurement is used, review the information regarding Sole Source Justification under Certifications in this document. 3. Arrangements with individuals must ensure that dual compensation is not involved; the contractual arrangement is written, formal, proper and otherwise consistent with the subrecipient's usual practices for obtaining such services; time and services for which payment will be made and rates of compensation will be supported by adequate documentation; and transportation and subsistence costs for travel performed are at an identified rate consistent with the subrecipient's general travel reimbursement practices. 4. Arrangements with other government units must ensure that work or services claimed for reimbursement are directly and exclusively devoted to subaward purposes and charged at rates not in excess of actual costs to the contractor government agency. 5. Compensation for consultants employed by state and local governments will only be allowed when units of government will not provide their services without cost. In these cases, the rate of compensation must not exceed the daily rate paid by the unit of government. 6. Compensation for individual consultant services must be reasonable and consistent with that paid for similar services in the market place. Federal regulations provide that the maximum rate for each consultant is $650 (excluding travel and subsistence costs) for an eight-hour day. An eight-hour day may include preparation, evaluation and travel time in addition to time required for actual performance. JAG Funding Assistance — Florida Page 17 of 26 FY16 Program Information (Rev. 06/2016) A request for compensation for over $650 a day requires prior approval and additional justification. Consultants hired through a competitive bidding process, not sole source, the $650 threshold does not apply. 7. Contractors must not appear on the federal government's Excluded Parties list (hffos:/Auww.sam.govl. If the service provider is a non-profit organization and being reimbursed from the Subrecipient/Implementing Agency, the budget narrative should reflect unit costs or unit rates for each service provided, not Salary and Benefits, Expenses, Operating Capital Outlay or Indirect Costs. If the grant will pass through funds to a county or city other than the subrecipient or implementing agency, please call your grant manager for instruction regarding which costs may be charged directly and which must be unit costs. Expenses- Funds paid for expenses necessary for project activities. 1. Expenditures should be assigned to Expenses or Operating Capital Outlay (OCO) based on the subrecipient's or the implementing agency's established policy. If the organization does not have an established policy, the State policy applies to the subaward. The State policy is that Expense items are consumable, expendable items that have a unit cost less than $1,000 and/or a useful life of less than one (1) year. 2. Itemize all expense items for purchase. Any items not specifically listed in the budget will be disallowed. 3. Do not use the terms "such as," "etc." or "misc." Do not use brand or model names. 4. All expense items must contribute directly to the project requesting funding and not be used for routine agency operations. 5. Allowable expense costs include: a. Advertising for personnel recruiting and competitive bidding. b. Printing and reproduction. Describe items to be printed and/or reproduced. c. Rental of staff offices and conference space. d. Communications expenses should be itemized (communications may include telephones, cell phones, pagers and related service charges, air cards and internet access including wireless service). e. Publicity. List purpose and types of media. f. Office supplies such as paper products, pens, paperclips, and printer cartridges. For office supplies only, you may say, "For example .. " and give a representative list; you do not have to list all office supplies for purchase. g. Postage and shipping fees. h. Office equipment or furniture. List all items for purchase; for instance, desks, chairs, filing cabinets, bookcases, printers, fax machines, and shredders. I. Registration or tuition fees for conferences or training seminars and related travel expenses and travel related to field trips. All trips must be specifically identified in the budget with as much information as is available. If the location or dates of an event are unknown, give the name and purpose of the event. All travel must clearly relate to the program requesting funding. List all travel expenses for funding on the grant, such as lodging, per diem, meals, airfare, rental vehicle, mileage, and incidental expenses. j. Travel and Training costs (food and/or beverages for meetings, conferences, training, or other events are NOT allowable). JAG Funding Assistance —Florida Page 18 of 26 FY16 Program Information (Rev. 06/2016) k. Confidential Funds. Prior to expenditure of confidential funds, the subrecipient must submit an executed Confidential Funds Certification Form. I. Vehicle expenses. Itemize by type (such as gas, oil changes, other routine maintenance, and repairs). m. Utility expenses. Itemize by type of service. n. Computer equipment and accessories below your OCO threshold. List all associated items for purchase including printers. These items may be requested as computer and associated peripheral equipment, including printers and monitors, if required to purchase separately. o. Travel and Training Costs. 6. See above for pre -approval requirements related to vehicles, body armor/bulletproof vests, meth mitigation plans, publications and other media, NEPA, sole source purchases and automated data processing equipment. Operating Capital Outlay (OCO) or Equipment- Funds paid for equipment necessary for project activities. 1. Expenditures should be assigned to Expenses or OCO based on the subrecipient's or the implementing agency's established policy. If the organization does not have an established policy, the State policy applies to the subaward. The State policy is that OCO includes equipment and other non -consumable, non -expendable items that have a unit cost of $1,000 or more and/or a useful life of more than one (1) year. Please identify the threshold for OCO items in the Financial Section Questions. 2. Itemize all OCO items for purchase and give a cost per item. NOTE: All radios (mobile or hand-held) must be P25 compliant. Indirect Costs- Costs that are not readily assignable to a particular project but are necessary to the operation of the organization and the performance of the project. 1. If indirect cost is included in the budget, please indicate the basis for the plan (for example, percentage of salaries and benefits) in the space provided under Financial Section Questions. 2. Submit a copy of the current approved indirect cost plan, with the project application and provide documentation of the appropriate approval of this plan. The approval must be from the federal cognizant agency. 3. State agencies must have prior approval of their indirect cost plan from a cognizant federal agency. 4. The OCJG reserves the right to deny reimbursement of subaward indirect costs. 5. Guidelines for calculating Indirect Cost a. If the Indirect Cost is 3.4%, figured on a total federal dollar amount of $75,000, use the following calculation: $75,000 / 1.034 = $72,533.85 then $72,533.85 x 0.034 = $2,466.15, the allowable Indirect Cost. b. If the Indirect Cost is based on Salaries and Benefits, the calculation will only be against the Salaries and Benefits budget category. c. Answer all Section Questions. Failure to submit required financial information will result in an application being returned in SIMON for inclusion of the missing information OR the attachment of a withholding of funds special condition at the time of award. JAG Funding Assistance — Florida Page 19 of 26 FY16 Program Information (Rev. 06/2016) Perfonnance Please review the JAG Performance Information document carefully. Performance reports will be due within 15 days after the end of the reporting period. Receipt of funds will be contingent on timely reporting. Federal and State Purpose Areas 1. Choose ONLY one Federal Purpose Area for the project. 2. Choose as many State Purpose Areas as fit the project beginning with State Purpose Area 1G -General Questions that is required for all projects. a. State Purpose Area 1G requires a description of anticipated program accomplishments or benefits. Please ensure that you provide a thorough description that ties clearly to the Project Summary (Scope of Work) and also details how accomplishments will be measured, documented, etc. 3. All State purpose areas must have the dollar amount that will be allocated to that area. All areas added together will equal the total award amount. Objectives and Measures 1. For each State Purpose Area selected, choose as many objectives and measures as fit the project. The objectives are based on mandatory federal performance metrics and provide information that FDLE must report to USDOJ. You will report your progress in achieving objectives on a quarterly basis. 2. Purpose Areas, Objectives, and Measures selected must be appropriate for the proposed project. For specific information about purpose areas, objectives, and measures, please refer to the JAG Performance Information document. Failure to submit required Performance information will result in an application being returned in SIMON for inclusion of the missing information OR the attachment of a withholding of funds special condition at the time of award. Standard Conditions The standard conditions are the conditions of agreement requiring compliance by units of local government (subrecipients), implementing agencies and state agencies upon signed acceptance of the subaward. It is imperative that all persons involved with or having administrative responsibility for this subaward read the Standard Conditions. Copies of this section of the application must be returned as part of the completed application. Failure to comply with provisions of this agreement may result in project costs being disallowed. Certifications Equal Employment Opportunity (EEO) Certifications All subrecipients and implementing agencies must comply with the EEO requirements below. If the implementing agency is included in the subrecipient's EEO Certification and/or plan, no further documentation is required. If the implementing agency is not included in the subrecipient's EEO Certification and/or plan, a separate certification and/or plan must be submitted. Usually, a police department will be included in the city's plan, but a sheriffs office will not be included in the county's plan. Those subrecipients unclear whether their agency is included should contact their respective Human Resource department. 1. All subrecipients and implementing agencies must submit a signed EEO Certification form. Submit the certification to OCJG with the application. Do not send the certification to USDOJ as instructed on the form. 2. When completing the certification form, be sure to provide all information requested in the top portion, including the recipient's name and address, subrecipient of OJP funding, law enforcement agency, and DUNS number. The contact person listed should be someone who is knowledgeable about your grant. The form JAG Funding Assistance - Florida Page 20 of 26 FY16 Program Information (Rev. 06/2016) must be signed by the chief official or designee or by other appropriate staff such as a Human Resources or Personnel Director or an EEO Coordinator. 3. Any subrecipient or implementing agency that is applying for an award of less than $25,000 and that has no current USDOJ awards of $25,000 or more, regardless of the number of employees, should complete the top portion and Section A of the form and mark the box indicating receiving an award of less than $25,000. 4. Any subrecipient or implementing agency that is applying for an award, regardless of the monetary amount, that has fewer than 50 employees should complete the top portion and Section A of the form and mark the box indicating having under 50 employees. 5. Any subrecipient or implementing agency that currently has or is applying for an award of at least $25,000 but under $500,000 and that has 50 employees or more must prepare an on-line EEOP Short Form and should complete the top portion and Section B of the form. 6. Any subrecipient or implementing agency that currently has or is applying for a single award of over $500,000 and that has 50 employees or more must prepare an on-line EEOP Short Form and submit it to OCR for review and approval and should complete the top portion and Section C of the form. A copy of the letter approving the EEOP must be submitted to OCJG with the application. 7. If you need to prepare an EEOP, visit the OCR website at http://www.o*p.usdo6.gov/aboutlocr/eeop.htm. On the website is an automated on-line EEOP Short Form for preparing your plan that prompts you screen -by - screen to complete the plan. All new EEOP's must be completed using the on-line short form. You are a Subrecipient for grants that you receive from FDLE. For subrecipients, the Short Form will ask for two grant numbers. The grant number at the top of the screen is your application number from SIMON. For grants that have already been awarded, use your subaward number (for example, 2999-JAGC-CNN-99-Q9-999). For your current application and any others that have not yet been awarded, use your application reference number (for example, 2999-JAGC-999). The grant number on the bottom half of the screen is FDLE's federal grant number from USDOJ. Contact your grant manager for this number. Sole Source Justification If the project requires a purchase of services or equipment from a sole source, you must complete the Sole Source Justification for Services and Equipment Form. The authorized official for the subrecipient or the implementing agency must sign this form. If the cost exceeds $150,000, pre -approval by OCJG is required. Submit the signed forth with your application. If the cost is below $150,000, keep the form on file for review at an on-site monitoring visit. Sole Source purchases under $150,000 must be stated as such in the application, and sufficient detail must be provided in order to determine that the purchase is eligible. If the subrecipient is a state agency and the cost is at least $150,000, then the agency must submit a copy of the approval from the Department of Management Services (F.S. 287.057(5)). Automated Data Processing (ADPL Equipment Automated Data Processing (ADP) Equipment means general purpose commercially available, mass produced automated data processing components and equipment systems created from them regardless of use, size, capacity or price. Components and systems are designed to be applied to the solution or processing of a variety of problems or applications and are not specifically designed (not configured) for any specific application. If you plan to purchase ADP equipment and the cost exceeds $150,000, you must complete an ADP Equipment and Software and Criminal Justice Information and Communication Systems Request for Approval Form and enclose this form with the project application. ADP equipment costs are limited to costs dedicated to project activities. The authorized official for the subrecipient or the implementing agency must sign this form. For further clarification, refer to the Financial Guide, USDOJ Common Rule for States and Local Governments and the federal Office of Management and Budget's Circulars A-21, A-87, A-110, and A-102, as applicable, in their entirety. Confidential Funds Certification Bulletproof Vest Certification JAG Funding Assistance - Florida Page 21 of 26 FY16 Program Information (Rev. 06/2016) Body Worn Camera Certification Certification Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; and Drug -Free Workplace Requirements State agencies only Signature Page In the spaces provided, enter the typed information, as identified on the form, for both the subrecipient and the implementing agency. Each application must be signed by: 1. Subrecipient authorizing official who is the chief officer or elected official of the subrecipient (head of state agency, chairman of county commission, mayor of city, chief of Indian tribe). 2. Implementing agency authorizing official who is the chief officer or head of the government agency responsible for implementing the project. When a chief officer or elected official of a subrecipient or implementing agency designates some other staff person signature authority for him/her, the chief officer or elected official must submit to FDLE a letter or resolution indicating the person given signature authority. The chief officer or elected official and the person receiving signature authority must both sign the letter indicating delegation of signature authority. The letter must also clearly identify which authority is being delegated. The subrecipient must notify FDLE in a timely manner if there are any changes in signature authority during the grant period. Once the grant is awarded, most grant documents will be submitted electronically. To update the officials in SIMON or to designate an individual with signature authority, follow the instructions in the user manual or contact the SIMON helpdesk. Corrections (strike -through, whiteout, etc.) on the signature page will not be accepted. Submit two original signature pages for each application. If you submit only one original signature page, you will not receive an original back for your file. Step 4: SUBMITTING THE APPLICATION Please reference the attached application checklist and timeline. Before you submit your application in SIMON, print out a copy of your application, signature pages, Standard Conditions, and any required certifications. The application must be submitted on-line no later than August 26, 2016, at 5:00 PM, EDT. REMINDER: When copying information into SIMON from another program or document, some characters may convert to symbols. It is important to review the information placed into each section for accuracy prior to submitting the application. While FDLE is striving to create a paperless grants management system, for the time being hard copies are still required. The following documentation should be submitted to FDLE no later than August 31, 2016. 1. Two complete copies of the application, both with original signatures. 2. EEO Certifications or USDOJ approval letters. 3. Any of the following that apply to your project: a. Sole Source Justification Form b. ADP Form c. Certifications Regarding Lobbying JAG Funding Assistance — Florida Page 22 of 26 FY16 Program Information (Rev. 06/2016) d. Confidential Funds Certifications e. Signature Authority letter/resolution f. Bulletproof Vest Certification g. Body Wom Camera Certification Failure to submit required documentation will delay award or result in the attachment of a withholding of funds special condition at the time of award. Contact Information Our office is available for any assistance needed Monday through Friday, 8:00 a.m. — 5:00 p.m. EDT by calling (850) 617-1250 and ask to speak with your county's grant manager. For issues relating to SIMON, please ask for the SIMON Help Desk; otherwise, contact your grant manager or Senior Management Analyst Supervisor Randy Smyth. JAG Funding Assistance — Florida Page 23 of 26 FY16 Program Information (Rev. 06/2016) IFFY 2016 JAG -C Project Timeline Application Timeline June 10, 2016 Florida received final state JAG appropriation from U.S. Department of Justice December 1, 2016 Funding notifications with anticipated county allocations mailed to Board of County June 22, 2016 Commissioners with copies provided to Sheriffs, Mayors, Police Chiefs, University Police Chiefs and Project Directors. BOCC requested to assign a County Coordinator and respond December 29, 2016 in writing to FDLE. July 11, 2016 BOCC deadline to respond to Office of Criminal Justice Grants (OCJG) with Certification of Participation and designation of County Coordinator. August 31, 2017 Upon receipt of BOCC COP and County Coordinator designation, OCJG provides County Ongoing Coordinator with application information. County coordinator to forward information to all October 15, 2017 application managers in their respective counties. July 31, 2016 Deadline for County Coordinators to submit required 51 % letters to OCJG advising of applications that will be submitted from agencies within their respective counties. August 26, 2016 Deadline for all applications to be submitted in SIMON. August 31, 2016 Deadline for hard copies of applications with original signatures and any additional certificationstforms to be received by OCJG. October 1, 2016 Start date for most JAG -C funded projects Important Post -Award Dates and Timeline for projects with October 1, 2016 start date Subrecipients requesting quarterly reimbursement must submit quarterly performance reports. Subrecipients requesting monthly reimbursement must submit monthly performance reports. Programmatic Performance reports are due in SIMON no later than 15 days after the end of the reporting period (month or quarter). Project expenditure reports are due in SIMON no later than 30 days after the end of the reporting period (month or quarter). JAG Funding Assistance - Florida Page 24 of 26 FY16 Program Information (Rev. 06/2016) Deadline for subrecipients to provide OCJG with a letter explaining the status and December 1, 2016 reason for delay of any projects not operational. JAG Standard Conditions require projects to be operational within 60 days of original start date. Deadline for subrecipients to provide OCJG with a second letter explaining the status and December 29, 2016 reason for delay of any projects not operational. JAG Standard Conditions require projects that are not operational within 90 days be reviewed by the Department for termination of agreement and reallocation of funding. August 31, 2017 Deadline for processing final grant adjustments in SIMON for most JAGC subawards, within 30 days of end of grant period. October 15, 2017 Financial closeout due in SIMON, no later than 45 days after end of grant period. JAG Funding Assistance - Florida Page 24 of 26 FY16 Program Information (Rev. 06/2016) FFY 2016 JAG -C SIMON Application Checklist Overall Grant Application ❑ Does your agency have an active DUNS number? ❑ Is your SAM.gov registration currentlactive? ❑ Have you and applicable grant staff read the Standard Conditions that apply to JAG subgrants? ❑ Have you obtained a property signed EEO certification and/or EEO plan as applicable to your grant? ❑ Did you include any additional forms required, such as sole source, confidential funds, bulletproof vest certification, signature authority, task force agreement, etc.? ❑ Are all sections of the grant complete and does the application designate a Project Direct with knowledge of program goals/objectives, performance and expenditure requirements, record keeping and overall grant management coordination? Problem Identification ❑ Does the problem identification clearly describe a need/issue required to be addressed with grant funds, including the scope of the problem and who is affected by the needfissue? ❑ Is there information describing the repercussions or impact if the need is not met? ❑ If this is a continuation from a pre-existing subgrant, does this section provide a brief summary of project accomplishments that have been achieved, or needs that have been met, to date? Project Summary (Scope of Work) ❑ Does the scope of work sufficiently describe the goals and objectives of the project? How will the problem identified in the previous section be addressed with this subgrant? ❑ Does this section identify what the project will accomplish? ❑ Does this section identify who will receive services and/or who will provide services? ❑ Does this section identify standards, such as the quantity of activities/services or a minimum level of service to be performed? ❑ Does this section provide a breakdown of the deliverables that will be received? ❑ Does this section identify how deliverables will be accounted for and documented for performance reports? (i.e. criteria for successful completion, how service providers will be managed and held accountable during the grant period, etc.) ❑ For equipment purchases, does this section describe the equipment to be purchased, how it will be used in project operations, and how the purchase of the item(s) will address the problem identified in the previous section? JAG Funding Assistance — Florida Page 25 of 26 FY16 Program Information (Rev. 06/2016) Financial / Budget If the budget contains Salaries/Benefits: ❑ Is the salary rate (hourly, biweekly, annually, etc.) provided with total # of hours, weeks, etc.? ❑ If overtime, does the narrative provide estimated number of hours with rate of pay? ❑ Are the benefits clearly defined and include rate, cost or percentage? ❑ Does the narrative contain a statement of the percentage the position is paid from grant funds? ❑ Does the narrative contain the percentage of time the position will work on grant funded activities? ❑ Does the narrative contain information for the percentage the grant will be charged for each reporting period? ❑ Does the narrative provide a brief description on how the position(s) being funded from the grant will accomplish grant activities? If the budget contains Contractual Services: ❑ Does the budget clearly describe the activities each party will be contracted to perform? ❑ Does the narrative identify costs per service(s) rendered? ❑ Are unit costs clearly defined with supporting information in the Section Questions for Application Section #4: Financial? ❑ Does the narrative identify deliverables or documentation required to initiate payment? ❑ If contractual services contain consultant rates in excess of $650 per day, does the application contain the additional request (letter) for approval of consultant rates? ❑ Does the narrative provide a brief description on how the services being procured will be used to accomplish grant activities? If the budget contains Expenses: ❑ Does the budget list all the items that will be purchased and provide approximate costs for each? ❑ If the purchase is a bundle, does the budget list the items included in bundle? (i.e. if purchasing a computer is it a laptop or desktop, does it include docking station and/or peripherals? If so, which ones?) ❑ Does the narrative provide a brief description on how the purchase of these items will assist the project or be used toward accomplishing grant activities? If the budget contains Operating Capital Outlay (OCO): ❑ Does the budget list each item to be purchased and provide the cost per item? If the item(s) purchased are included in a bundle or package, please detail what is included in the bundle. ❑ Are shipping, handling, warranty, and/or maintenance costs included and listed in the budget (if applicable)? ❑ If not already described in the Scope of Work, does the narrative provide an explanation on how the item(s) will be used to accomplish project activities? ❑ If warranty is included in the purchase, does the budget ensure grant funds will only be used for up to the first year of maintenance and only for dates within the approved grant period? If the budget contains Indirect Costs: ❑ Is an Indirect Cost Plan included, as approved by the cognizant agency? JAG Funding Assistance - Florida FY16 Program Information (Rev. 06/2016)