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Home My WebLink About2019-JAGD-INRI-4-N#-073F©LE Florida Department of Law Enforcement Richard L. Swearingen Commissioner August 27, 2019 Honorable Jim Hill Mayor City of Sebastian 1225 Main Street Sebastian, FL 32958-4185 Business Support Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, FL 32302-1489 (850) 617-1250 www.fdle.state9.us Re: Contract No.2019-JAGD-INRI-4-N3-073 Dear Mayor Hill: Ron DeSantis, Govemor Ashley Moody, Attomey General Jimmy Patronis, Chief Financial Officer Nikki Fried, Commissioner ofAgacultum The Florida Department of Law Enforcement is pleased to award to the City of Sebastian a subgrant in the amount of $3,442.00 for the project titled EQUIPMENT PURCHASE. This subgrant is provided under the Edward Byrne Memorial Justice Assistance Grant (JAG) Direct Program and approved under Florida's state JAG award 2017 -MU - BX -0187 from the United States Department of Justice. These funds shall be used for the purpose(s) identified in the enclosed subaward agreement. 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. In order to meet the requirements of the Transparency Florida Act (215.985, F.S.), this agreement is provided to the Florida Accountability Contract Tracking System (FACTS). 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 an exemption. The enclosed Certificate of Acceptance is required to be completed and returned within thirty (30) calendar days from the date of award. Completion of the Certificate of Acceptance constitutes official acceptance of the subaward and all associated terms and conditions. The Department is unable to reimburse any project expenditures until this certificate is received. We look forward to working with you on this project. Please contact your grant manager at (850) 617-1250 if you have any questions or if we c -6e of further assistance. incerery. /l / V ono Kay Credit ureau Chief RKC/am Enclosures Service • Integrity • Respect • Quality State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2019JAGD-INRI.4-N3-073, in the amount of $3,442.00, for a project titled, EQUIPMENT PURCHASE, for the period of 07/01/2019 through 06/30/2020, to be Implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. This subaward requires that the subrecipient adhere to the following: SUPPLANTING: Federal funds must be used to supplement existing state or local funds for program activities and may not replace stale or local funds which have been appropriated or allocated for the same purpose. Federal funds may also not be used to replace state or local funds required by law. In accepting this award the subrecipient certifies that it will not or has not supplanted with federal funds for the approved project. PROCUREMENT STANDARDS: The subrecipient certifies all procurement transactions will comply with the subrecipient's procurement policy provided the policy is compliant with the requirements set forth in the Office of Management and Budget (OMB) Uniform Requirements, 2 C.F.R. 200.317-326. In the event the subrecipient's procurement policy does not comply with the OMB procurement requirements, the subrecipient ensures all grant - related procurements will be conducted in a manner consistent with the federal standards. CONFLICT OF INTEREST: Decisions related to use these grant funds must be free from undisclosed personal or organizational conflicts of interest, both in fact and In appearance. The subrecipient certifies the unit of government below Is compliant with OMB Uniform Requirements, 2 C.F.R. 200.112, regarding conflict of interest, and will notify FDLEa Office of Criminal Justice Grants, In writing, of any potential conflicts of interest in accordance with this agreement. The subrecipient also agrees to disclose in a timely manner, in willing, all violations of state or federal criminal law involving fraud, bribery, or gratuity violations. 8 U.S.C. 1373: The subrecipient certifies the unit of government below Is in, and will maintain throughout the life of this subaward, compliance with the conditions outlined in the subaward Standard Conditions, Section VII Compliance with 8 U.S.C. 1373. The subrecipient also agrees to disclose in a timely manner, in writing, all violations of these conditions, and any credible evidence indicating a federally funded program or activity, at any tier, is subject to an 'information communication restriction.- (Signature of Subgramee's Authorized Official) (Print Name and Title of Official) (Name of Subgrantee) (Date of Acceptance) Rule Reference 11D-9.006 OCJG-012 (rev. June 2012) CERTIFICATE OF SUBAWARD Subrecipient: City of Sebastian Date of Award: 08/26(2019 Grant Period: From: 07/01/2019 TO: 06/30/2020 Project Title: EQUIPMENT PURCHASE Grant Number: 2019JAGD-INRI-4-NM73 Federal Funds: $3,442.00 Matching Funds: $0.00 Total Project Cost: $3,442.00 CFDA Number: 16.738 Federal Award Number: 2017 -MU -BX -0187 Federal Awarding Agency: U.S. Department of Justice (USDOJ) Pass-through Entity: Florida Department of Law Enforcement (FDLE) Award is hereby made in the amount and for the period shown above of a subgrant under Part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended Subpart 1 of such part (42 U.S.C. 3751-3759); the Consolidated Appropriations Act, 2008, Public Law 110-161; and Public Law 109-162, Title XI, Department of Justice Reauthorization, Subtitle B, Improving the Department of Justice's Grant Programs, Chapter 1, Assisting Law Enforcement and Criminal Justice Agencies, Section 1111. Merger of Byme Grant Program and Local Law Enforcement Block Grant Program, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Office of Justice Programs (OJP) Financial Guide, Common Rule for State and Local Governments, and/or Office of Management and Budget (OMB) Uniform Grant Requirements (2 C.F.R. 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 Public Law 90-351, as amended, and Public Law 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 provided to the Department upon request. 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. m t (30) da m the date of award, a properly executed Certificate of Acceptance must be returned to the Depart nt. / p uth.n it Official Date `// Rona Kay Cradil Bureau Chief ( ) This award is subject to special conditions (attached). Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Subgrant Recipient Organization Name: City of Sebastian County: Indian River Chief Official Name: Jim Hill Title: Mayor Address: 1225 Main Street City: Sebastian State: FL Zip: 329584165 Phone: 772-217-7603 Ext: Fax: 772-589-5570 Email: jhill@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: kkillgoreOcityofsebastian.org Application Ref N 2018-JAGD-2174 Section #1 Page 1 of 2 Contract N 2019JAGD-INRI-4-N3-073 RWe Reference 11D-90060CJG-0 (rev. Apn12005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct 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: mmonis®cityofsebastian.org Project Director Name: Jennifer Smith Title: Accountant Address: 1225 Main Street City: Sebastian State: FL Zip: 32958-4165 Phone: 772-388-8207 Ext: Fax: 772-388-8249 Email: jsmith®cityofsebastian.org Application Ref # 2018JAGD-2174 Section #1 Page 2 of 2 Contract # 2019JAGD-INRI-4-N3-073 Rule Reference 110.9.009 =134X6 (rev. Apni 2(09) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct General Project Information Project Title: EQUIPMENT PURCHASE Subgrant Recipient: City of Sebastian Implementing Agency: City of Sebastian Police Department Project Start Date: 7/1/2019 End Date: 6/30/2020 Problem Identification The Sebastian Police Department is in the process of digitizing personnel and various other paper files to have a more rapid access and control confidentiality. We are in need of purchasing a high volume scanner to complete this process and to continue scanning paper files in the future without sacrificing security of these documents. Our current budget does not support the funding for this scanner. Project Summary (Scope of Work) If we receive the funding from this grant the funds will be used to purchase a scanner allowing personnel to scan the various paper files into laserfiche, where we can maintain these files in a safe and easily accessible location. Project timeline would be obtaining quotes for the first quarter, purchasing the scanner by or within the second quarter and subsequent quarters beginning the project of reducing the paper files and scanning. Deliverables will be maintained in the purchasing file; purchase order, quotes, invoice, packing slip and proof of payment. Application Ref # 201"AGD-2174 Section #2 Page 1 of 3 Contract # 2019JAGD-INRI-4-N3-073 Rule Reference 11D-9.008 OCJG-WS (�`/Apn12105) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct 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 your agency serves? (i.e., your city or your county) Answer: City of Sebastian Question: What is the combined population of the jurisdiction(s) your agency serves, according to the 2010 census? Answer: 21929 Question: What is the physical address of the location being used to provide services for this project? If services are being provided at more than one location, list all of them. Answer: 1201 Main St Sebastian, FL. 32958 Question: Describe your agency (e.g., municipal government, school board, sheriff's office). Answer: Municipal Police Department Question: Have you verified that the subgrantee has an active and current registration in SAM.gov? (If no, funds will not be available for drawdown.) Answer: Yes Question: What is the Operating Capital Outlay threshold used by the subgrantee? (Verify this with your finance director.) If the implementing agency is a sheriffs office, indicate the sheriff's office's threshold instead. Answer: $750. 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. Application Ref # 2018JAGD-2174 Section #2 Page 2 of 3 Contract # 2019JAGD-INRI.4-N3-073 Rule Reference 11 D-9.996 MG -095 (rev. Apol 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Answer: N/A Application Ref # 201"AGD-2174 Section #2 Page 3 of 3 Contract # 2019-JAGD-INRI4-N3-073 Rule Reference 11D.9.002 =G-0 (.. AIN NO) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct General Performance Info: Performance Reporting Frequency: Quarterly Prime Purpose Area: 01 - Law Enforcement (Includes Task Forces) State Purpose Area: 1G - General Questions (Required) Objectives and Measures Objective: General Questions - Required questions for all recipients. Measure: General 01 Will your organization be using the crimesolutions.gov website during the grant period regardless of JAG funding? Crimesolutions.gov provides information on several crime reduction and prevention programs and practices. Goal: No Measure: General 02 Will your organization be using the National Training and Technical Assistance Center (NTTAC) during the grant period, regardless of JAG funding? The NTTAC serves as BJA's training and technical assistance center. You can find resources, tools, webinars, and TTA support on a variety of criminal justice issues and initiatives. Goal: No Measure: General 03 Will your organization be using the NCJP.org website during the grant period, regardless of JAG funding? NCJP.org contains resources to support strategic planning, program development, and implementation of evidence -based policy and practice. Goal: No Measure: General 04 Will your organization be using the Evidence -Based Policing Matrix during the grant period regardless of JAG funding? The Evidence -Based Policing Matrix provides information on evidence -based practices for law enforcement. Goal: No Measure: General 05 Will your organization be using the What Works in Reentry Clearinghouse during the grant period regardless of JAG funding? The clearinghouse provides research on the effectiveness of reentry programs and practices. Goal: No Measure: General 06 Application Ret # 2018-JAGD-2174 Section #3 Page 1 of 3 Contract # 2019-JAGD-INRI-4-N3-073 Rule Reference 110.9.006 MG -0 (rev. Apn12006) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Will your organization be using Research to Practice during the grant period regardless of JAG funding? Research to Practice promotes the dissemination of research on drug courts to practitioners and policymakers. Goal: No Measure: General 07 Will your organization be using any other resources during the grant period regardless of JAG funding? If yes, please describe them. Goal: No. Measure: General 08 During the grant pedod, 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 defenderindigent defense services; public satisfaction with courts; public perceptions of crime/disorder problems; personal crime experiences of citizens; none of the above; unsure/don't know. Goal: Unsure at this time 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 actNilies; conducting outreach to minority populations; other (please describe) Goal: Attending or hosting community meetings quarterly, attending community events annually, and conducting social media activities at least monthly. We will conduct quarterly outreach to our minority populations 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: Hosting an annual citizen academy, we host college intems annually and have a volunteer program with 20 community member volunteers. We are active in our schools with security and teaching life skills and have a 14 Application Ref # 2018-JAGD-2174 Section #3 Page 2 of 3 Contract # 2019-JAGD-INRI-4-N3-073 Rule Reference 11D -9.008=G-0 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct member police explorer group. Measure: General 11 Identify the goal(s) you hope to achieve with your funding. If you have multiple goals, describe each goal separately. Goal: Purchase the scanner to scan paper files. 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: No barriers expected. 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. Measure: General lib What major activities are planned for each of your goals listed in question 11? Goal: Purchase the scanner and scan paper files. State Purpose Area: 3E - Equipment, Supplies, and Technology Enhancements Objectives and Measures Objective: Equipment - Questions for recipients funding Equipment, Supplies, and Technology Enhancements. Measure: Equipment 01 Do the Subrecipient and Implementing agencies understand that they will be required to submit an itemized account of all items purchased during each reporting period as part of their performance reporting? Goal: Yes Application Ref # 2018-JAGD-2174 Section #3 Page 3 of 3 Contract # 201 g-JAGD-INRI-4-N3-073 Rule Reference 11D-9.08=G-005(rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct General Financial Info: Note: All financial remittances will be sent 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 Prime Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $0.00 $0.00 $0.00 Operating Capital $3,442.00 $0.00 $3,442.00 Outlay Indirect Costs $0.00 $0.00 $0.00 — Totals — $3,442.00 $0.00 $3,442.00 Percentage 100.0 0.0 100.0 Project Generated Income: WIII the project earn project generated Income (PGI)? No Application Ref # 2018JAGD-2174 Section #4 Page 1 of 3 Contract # 2019JAGD-INRI-4-N3.073 Rule Reference 110,9.W6 M&WS I.. Apn12005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Budget Narrative: Capital Outlay Production Scanner Approximate cost -$3984.00 Grant total- $3442.00 Total cost over grant funding will be paid through the Sebastian Police Department Budget There is a 3 month manufacturers warranty included in the purchase price and if there is shipping cost the City of Sebastian Police Department will cover the cost from its budget. Application Ret 9 2018JAGO-2174 Section N4 Page 2 of 3 Contract N 2019JAGD-INRI-4-N3.073 Rule Reference 11D-9.009 =G4XI5 (rev. Apol 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Section Questions: Question: If the budget contains salaries and benefits, will this project result in a net personnel Increase, or continue to fund a prior federally grant funded net personnel increase? (Documentation will be required.) Answer: N/A Question: If fringe benefits are included, are they detailed in the budget narrative? Answer: N/A Question: If indirect cost is included, explain the indirect cost plan. Provide documentation of approval. Answer: N/A Question, If contractual services in the budget are based on unit costs, provide a definition and breakdown of cost for each service. Include the methodology for the unit cost plan and when it was approved. Answer: N/A Question: If Expenses or Operating Capital Outlay are included in your budget, what will be the method of procurement for those items? (e.g., competitive bid, sole source, state term contract) Answer: Competitive bid and purchase order. Application Ref # 2018-JAGD-2174 Section #4 Page 3 of 3 Contract # 2019JAGD-INRI-4-N3-073 Rule Reference 110 9.006 =GU (rev. Aprii 260.5) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Section 5: Standard Conditions Insert Standard Conditions Page here. Application Ret # 2018-JAGD-2174 Section #5 Page 1 of 1 Contract # 2019-JAGD-INRI-4-N3-073 Rule Reference 110-9.0060MG-005 (rev. April 405) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, Including Strikeovers, whiteout, etc. are not acceptable. Signature: Typed Name and Title: Date: State of Florida Department of Law Enforcement Office of Criminal Justice Grants Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name of Subgrant Recipient: Signature: Typed Name and Title: Date: Implementing Agency Official, Administrator or Designated Representative Typed Name of Implementing Agency: Signature: Typed Name and Title: Date: Application Ref # 2016JAGD-2174 Section #6 Page 1 of 1 Contract # 2019JAGD-INRI-4-N3-073 Rule Relerenm 11D 9.,96 OCJG-006 (e . Ape 2 ) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct n f:Certifi Insert Certifications and Authorizations here. Application Ref # 201 8-JAGD-2174 Section 07 Page 1 of 1 Contract # 2019JAGD-INRI-4-N3.073 We nef"Ce 1tD-9.0060CJo-0 (rev. ApN 2905) Edward Byrne Memorial Justice Assistance Grant (JAG) Program SUBAWARD STANDARD CONDITIONS The State of Florida, Department of Law Enforcement (FDLE) is a recipient of federal JAG funds. FDLE, as the non- federal pass-through entity and State Administedng Agency (SAA) for this program, subawards JAG funds to eligible units of government. All subawards made by FDLE to units of government under this program require compliance with the agreement and Standard Conditions upon signed acceptance of the subaward. Upon approval of the application, or subaward, the following terms and conditions will become binding. As a unit of government, the subrecipient will maintain required state and federal registrations and certifications for eligibility under this program. For JAG -Countywide subawards, the designated County Coordinator for local units of government will submit documentation in accordance with Florida Administrative Code 11D-9 supporting the strategic planning for allocation of these funds. The subrecipienl agrees to submit required programmatic and financial reports supporting eligible activities were completed in accordance with the grant and program requirements. The Department will only reimburse subrecipients for authorized activities. The Department will not reimburse for costs incurred for any purpose other than those speed 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 conceive 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 the financial and administrative requirements set forth in the following: Currant edition of the U.S. Department of Justice (DOJ) Grants Financial Guide htins://oio.aov/Onancialauide/dolindfs/DOJ FinancialGaide.pdf Office of Management and Budget (OMB) Uniform Grant Guidance (2 CFR Part 200) Subpart A, Definitions Subparts B -D, Administrative Requirements Subpart E, Cost Principles Subpart F, Audit Requirements and all applicable Appendices Code of Federal Regulations: www.agp.gpv/fdsys/ 2 C.F.R. §775.75(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 28 C.F.R. § 83, Government -Wide Requirements for Drug -Free Workplace 28 C.F.R. §§ 18, 22, 23, 30, 35, 42, 61, and 63 Stale of Florida General Records Schedule GSI -SL for State and Local Government Agencies: htfp://dos-mvl�orida.com/medialf,%\74/peNerr��ggldycheduleas01-sl.odf and hdoa/dos.m orida.com/media os -s- 17 me Ddf State of Florida Statutes Section 215.971, F.S., Agreements funded with federal or state assistance Section 215.985, F.S., Transparency in government spending FV17 / SFY2018 JAG Standard Conditions Page 1 of 16 Rev. 09/2018 DEFINITIONS Disallowed costs means those charges to a Federal award that the Federal awarding agency or pass- through entity determines to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. Equipment means tangible personal property (including Information technology systems) having a useful Ills 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 Stales (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 parry, 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 CFR Subpart 2.1 (Definitions). It Is $3,500 except as otherwise discussed In Subpart 2.1 of that regulation, but this threshold Is pedodicelly 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 casts, 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 nonpmfit 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). Period of performance means the time during which the non -Federal entity may incur new obligations to tarty out the work authorized under the Federal award. The Federal awarding agency or pass-through entity must Include start and end dates of the period of performance in the Federal award (see §§200.210 Information contained in a Federal award paragraph (a)(5) and 200.331 Requirements for pass-through entities, paragraph (a$1$Iv)). Protected Personally Identifiable Information (Pit) 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 Pit that is required by law to be disclosed. (See also § 200.79 Personally Identifiable Information (Pit)). Questioned cost means a cost that is questioned by the auditor because of an audit finding 11 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 FY171 SFY2018 JAG Standard Conditions Page 2 of 16 Rev. 09/2018 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-Fedeml 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 is 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 subrocipient 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 §200.33 Equipment. A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non -Federal entity for financial statement purposes or $5,000, regardless of the length of its useful life. See also §§200.20 Computing devices and 200.33 Equipment. SECTION I: TERMS AND CONDITIONS 1.0 Payment Contingent on Appropriation and Available Funds - The State of Flodda's 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 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 dale. 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. 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 terminale this agreement and re - obligate subaward funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting dale of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 3.0 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. 4.0 Personnel Changes - The subreciplenl agrees to promptly notify the Department through the SIMON Help Desk of any change in chief officials or key project staff, including changes to contact information or title changes. The subrecipient acknowledges that some changes in points of contact will require formal grant adjustment to reflect the change in the agreement. 5.0 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 it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subaward is $100,000 or more, the sub recipient and implementing agency certify that they and their principals: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; 2) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal FY171 SFY2018 JAG Standard Conditions Page 3 of 16 Rev. 0912018 offense In connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or slate antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) With commission of any of the offenses enumerated in paragraph (1)(b) of this certification, and 4) Have not within a three-year period preceding this application had one or more public transactions (federal, state, or local) terminated for rause or default. 6.0 Federal Restrictions on Lobbying - In general, as a matter of federal law, federal funds may not be used by any subrecipient at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. § 1913. Another federal law generally prohibits federal funds from being used by any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrent, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C.§ 1352. 7.0 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. 8.0 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. 9.0 "Pay—to—Stay" - Funds from this award may not be used to operate a "pay -lo -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. 10.0 The Coastal Barrier Resources Act - The subrecipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrer Resources Act (P.L. No. 97-348) dated October 19, 1982 (16 USC 3501 at seq.) which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 11.0 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, F.S. shall apply. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. 12.0 Such background investigations shall be conducted at the expense of the employing agency or employee. Privacy Certification - The subrecipient must 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. Subrecipienl 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. 13.0 Conferences and Inspection of Work - Conferences may be held at the request of any FY17 / SFY2018 JAG Standard Conditions Page 4 of 16 Rev. 09/2018 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. 14.0 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. 15.0 Flood Disaster Protection Act - The sub recipient will comply with Section 102(x) of the Flood Disaster Protection Am of 1973, Public Law 93-234, 87 Slat. 975, requiring that the purchase of good insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 16.0 Immigration and Nationality Act - No public funds Will intentionally be awarded to any coniractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e). Section 274A(e) of the Immigration and Nationality Act ('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 II: CIVIL RIGHTS REQUIREMENTS 1.0 Participant Notification of Non-discrimination FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability or age in the delivery of services, benefits or in employment. 2.0 Title VI of the Civil Rights Act of 1964 - The subrecipient at any tier, must comply with all applicable requirements of 28 CFR § 42, specifically including any applicable requirements in Subpart E that relate to an equal employment opportunity program. Equal Employment Opportunity Certification (EEOC) - A subrecipient or implementing agency must submit an EEO Certification annually within 120 days of award. Equal Employment Opportunity Program (EEOP) - A subrecipient or Implementing agency must comply with all applicable requirements In 28 C.F.R. §42, Subpart E. Subrecipients are advised to use the Office for Civil Rights EEO Reporting Tool to satisfy this condition (hltos://oio.eov/aboutlocr/eeoo htm). 3.0 Title IX of the Education Amendments of 1972 If the subreciplenl operates an education program or activity, the subrecipient must comply with all applicable requirements of 28 C.F.R. § 54, 'Nondiscrimination on the basis of sex in education programs or activities receiving federal financial assistance" 4.0 Equal Treatment for Faith Based Organizations The subrecipient at any tier, must comply with all applicable requirements of 28 C.F.R. § 38, 'Equal Treatment for Faith Based Organizations', specifically Including the provision for written notice to current or prospective program beneficiaries. 5.0 Americans with Disabilities Act - Subrecipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination on the basis of disability Including provision to provide reasonable accommodations. 6.0 Section 504 of the Rehabilitation Act of 1973 (28 C.F.R. § 42, Subpart G) - Subrecipients must comply with all provisions prohibiting discrimination on the basis of disability in both employment and the delivery of services. 7.0 Age Discrimination Act of 1975 - Subrecipients must comply with all requirements in Subpart I of 28 C.F.R. §42 which prohibits discrimination based on age in federally assisted programs. 8.0 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, subrecipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. FDLE strongly advises subrecipients to have a written LEP Language Access Plan. For more information visit www.leo.cov. 9.0 Finding of Discrimination - In the event a federal or stale court or federal or slate administrative agency makes, after a due process hearing, a finding of discrimination on the grounds of race, tutor, religion, national origin, sex, or disability against a subrecipient of funds, the subrecipient will (onward a copy of the FY117 / SFY2018 JAG Standard Conditions Page 5 of 16 Rev. 09/2018 finding to FDLE and to the Office for Civil Rights, Office of Justice Programs. 10.0 Filing a Complaint- If the subrecipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may Ole a complaint with the subrecipient, with FDLE, or with the Office for CNII 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 infoy/Ndle.state.0.us. Any mination discricomplaints 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. Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs. U.S. Department of Justice, 610 70 Street, Northwest, Washington, D.C. 20531, or by phone at (202) 307-0690. 11.0 Retaliation - 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. 12.0 Non-discrimination Contract Requirements - Subrecipients must include comprehensive Civil Rights nondiscrimination provisions in all contracts funded by the subrecipient. 13.0 Pass-through Requirements - Subrecipienls are responsible for the compliance of contractors and other entitles to whom they pass-through funds including compliance with all Civil Rights requirements. These additional tier subrecipients must be made aware that they may file a discrimination complaint with the subrecipient, with FDLE, or with the USDOJ Office for Civil Rights and provided the contact Information. SECTION III: FINANCIAL REQUIREMENTS AND RESPONSIBILTY 1.0 Fiscal Control and Fund Accounting Procedures - All expenditures and cost accounting of funds shall conform to the DOJ Grants Financial Guide, the 28 C.F.R. § 66, and 2 C.F.R. § 200 as applicable, in their entirely. Subrecipients are required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them. Financial management systems must be able to record and report on the receipt, obligation, and expenditure of grant funds; and able to accommodate a fund and account structure to separately track receipts, expenditures, assets, and liabilities for awards, programs, and additional tiered subrecipients. The awarded funds may or may not be an interest bearing account, 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 and of the federal gram period must be submitted to the Office of Criminal Justice Grants for transmittal to DOJ. 2.0 Match - The value or amount of any "non-federal share," "match; or cost-sharing contribution incorporated into the approved budget is part of the "project cost" for purposes of the 2 C.F.R. § 200 Uniform Requirements, and is subject to audit. In general, the rules and restrictions that apply to award funds from federal sources also apply to funds in the approved budget that are provided as "match" or through "cost sharing." SECTION IV: SUBAWARD MANAGEMENT AND REPORTING REQUIREMENTS 1.0 Obligation of Subrecipient Funds - Subaward funds shall not under any circumstances be obligated prior to the effective dale, 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 Use of Funds - Grant funds may be used only for the purposes in the subrecipient's approved application. Subrecipients shall not undertake any work or activities not described in the approved grant award, and that use staff, equipment. or other goods or services paid for with grant funds, without prior written approval from FDLE's Office of Criminal Justice Grants (OCJG). 3.0 Advance Funding - Advance funding may be provided to a subrecipient upon a written request to the Department. The request must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. 4.0 Performance and Reporting Reporting Time Frames - The Project Director, FY17 / SFY2018 JAG Standard Conditions Page 6 of 16 Rev. 09/2018 Application Manager, or Performance Contacts shall submit Monthly or Quarterly Project Performance Reports to the Department, within fifteen (15) days after the end of the reporting period. In addition, if the subaward period is extended beyond the "original" protect period. additional Project Performance Reports shall be submitted. Failure to Submit - Performance Reports that are not complete, accurate, and timely may result in sanctions, as specified in Section IV, Subaward Management and Reporting Requirements. Report Contents - Performance Reports must include a response to all objectives included in your subaward. A detailed response is required in the narrative portion for yes/no performance objectives. Submitted performance 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. The narrative must also reflect on accomplishments for the period 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. Requirement for Data on Performance and Effectiveness Under the Award - The subrecipient must collect and maintain data that measures the performance and effectiveness of work under this award. The data must be provided to OCJG in the manner (including within the timeframes) specified by OCJG. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modemization Act of 2010, and other applicable laws. Financial Consequences for Failure to Perform - In accordance with s. 215.971 F.S., payments for state and federal financial assistance must be directly related to the scope of work and meet the minimum level of performance for successful completion. If the subrecipient fails to meet the minimum level of service or performance Identified In this agreement, or is customary for subawards, then the Department will apply financial consequences commensurate with the deficiency. Financial consequences may include but are not limited to withholding payments or reimbursement until the deficiency is resolved, tendering only partial payment/reimbumemenl, imposition of other financial consequences according to the Standard Conditions as applicable, and/or termination of contract and requisition of goods or services from an alternate source. Any payment made in reliance on subrecipient's evidence of performance, which evidence is subsequently determined to be erroneous, will be immediately due to the Department as an overpayment. 5.0 Grant Adjustments - Subrecipienls must submit a grant adjustment through SIMON for major substantive changes such as changes in project activities or scope of the project, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that affect a cost category that was not included in the original budget. Adjustments are also required when there will be a transfer of 10% or more of the total budget between budget categories, or there is an indirect cost rate category change. 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. Under no circumstances can transfers of funds increase the total budgeted award. 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. All requests for changes must be submitted in SIMON no later than ninety (90) days prior to grant expiration dale. 6.0 Financial Expenditures and Reporting Reporting Requirements - 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 and of the reporting period. In addition, if the subaward period is extended, additional Project Expenditure Reports shall be submitted. 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). All Project Expenditure Reports shall be submitted in sufficient detail for proper prs-audit and post -audit. All reports must relate financial data to performance accomplishments. FY17 / SFY2018 JAG Standard Conditions Page 7 of 16 Rev. 09/2018 Before the "final" Project Expenditure Report will be processed, the subrecipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. Reports are to be submitted even when no reimbursement is being requested. Submission - The report must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer air the Chief Financial Officer designee. 7.0 Project Generated Income (PGI) - All income generated as a direct result of a sub project shall be deemed program Income. Program income from asset seizures and forfeitures is considered earned when the property has been adjudicated to the benefit of the plaintiff (i.e., law enforcement entity). Required Reports - The subrecipient shall submit Quarterly PGI Earnings and Expenditures Reports to the Department within thirty (30) days after the end of the reporting period covering subaward project generated Income and expenditures during the previous quarter. If any PGI remains unspent after the subaward ends, the subrecipient most continue submitting quarterly PGI reports until all funds are expended. PGI Expenditure - 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. Submission - PGI Earnings and Expenditures reports must be electronically signed by the subrecipient or implementing agency's chief financial officer or the chief financial officer's designee. 8.0 Subrecipient Integrity and Performance Matters - Requirement to report information on certain civil, criminal, and administrative proceedings to OCJG. SAM and FAPIIS. The subrecipient 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 award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, subrecipients of OJP awards are required to report Information about such proceedings, through the federal System for Award Management ("SAM"), to the designated federal integrity and performance system ("FAPIIS"). SECTION V: MONITORING AND AUDITS 1.0 Access to Records • The Florida Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subrecipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the 28 C.F.R. § 66. Al any time. a representative of the Department, the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right to visit the project site to monitor, inspect and assess work performed under this agreement. 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 s. 119, F.S., unless specifically exempted and/or made confiden9al by operation of s. 119, F.S., 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, and/or site visits. The recipient agrees to provide FOLE all documentation necessary to complete monitoring of the award. Further, the recipient agrees to abide by reasonable deadlines set by FDLE for providing requested documents. Failure to cooperate with grant monitoring activ8ies 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, referal 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. FY171 SFY2018 JAG Standard Conditions Page 8 of 16 Rev. 0912018 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 DOJ Grants Financial Guide, and 28 C.F.R. § 66. This obligation continues as long as the subrecipient retains the property, notwithstanding expiration of this agreement. 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 ss. 274, F.S. Tangible Property and 200.313, F.S., Equipment. 4.0 Subaward Closeout - A Financial Closeout Audit shall be submitted to the Department within forty- five (45) days of the end dale of the performance period. The Financial Closeout Audit report located in SIMON must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. Subaward Closeout will be initiated by the Department after the Financial Closeout has been completed and approved. Failure to submit closeout reports timely will result in an Administrative Closeout by the Department. 5.0 High Risk Subrecipients - ff a subrecipient is designated "high risk" by a federal grant -making agency, currently or at anytime during the course of the period of performance under this award, the subrecipient must disclose that fact and certain related information to FDLE's OCJG. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the subrecipient's past performance, or other programmatic or financial concerns with the subrecipient. The subrecipient's disclosure must include the following: 1. The federal awarding agency that currently designates the subrecipient high risk, 2. The date the subrecipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 6.0 Imposition of Additional Requirements - The subrecipient agrees to comply with any additional requirements that may be imposed by OCJG during the period of performance for this award, if the subrecipient is designated as "high risk" for purposes of the DOJ high-risk grantee list. 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: hilo://dos.m odda.com/media/693574/aeneral- records-scha uleasOl-sl.odf. 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 subreciplent 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 wnting within twenty-one (21) calendar days to the Department's cleric (agency clerk). The subradpient's right to appeal the Department's decision is contained in § 120, F.S., and in procedures set forth in Rule 28- 106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, F.S. 9.0 Failure to Address Audit Issues - The subrecipient understands and agrees that FDLE's OCJG may withhold award funds, or may impose award conditions or other related requirements, if (as determined by OCJG) the subrecipient does not satisfactorily and promptly address outstanding issues from audits required by the 2 C.F.R. § 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews. - 10.0 Single Annual Audit- 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 the OMB 2 C.F.R. § 200 Subpart 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 disbursed. When applicable, the subrecipient shall submit an annual financial audit that meets the requirements of 2 C.F.R. § 200 Subpart F, "Audit Requirements" s. 215 97, F.S., "Florida Single Audit Act" and Rules of the Auditor General, Chapter 10.550, and Chapter FYI / SFY2018 JAG Standard Conditions Page 9 of 16 Rev. 09/2018 10650, "Local Governmental Entity Audits" and "Fiorida Single Audit Act Audits Nonprofit and For -Profit Organizations." A complete audit report that covers any portion of the effective dates of this agreement must be performed and submitted to the Federal Audit Clearinghouse within the earlier of thirty (30) calendar days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period. Submissions must include required elements described in Appendix X to 2 C.F.R. § 200 on the specified Data Collection Form (Form SF -SAC). Records shall be made available upon request for a period of five (5) years from the date the audit report is issued, unless extended in venting by the Department. Subrecipients that expend less than $750,000 in federal awards during a fiscal year are exempt from the Single Audit Act audit requirements for that fiscal year. In this case, written notification, in the forth of the "Certification of Audit Exemption" forth, 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 March 1 following the end of the fiscal year. SECTION VI: SUBAWARD PROCUREMENT AND COST PRINCIPLES 1.0 Procurement Procedures - Subrecipients must have written procedures for procurement transactions. Procedures must conform to applicable Federal law and the standards in 2 C.F.R. §§ 200.318-326. This condition applies to agreements that OCJG considers to be a procurement 'contract, and not a second tier subaward. The details of the advance approval requirement to use a noncompetitive approach in a procurement contract under this award are posed on the OJP website at hdosIloio ..Dov/fundino/Explore/NoncamoetitivePr ocuremenf.hhn. Additional information on Federal purchasing guidelines can be found in the Guide to Procurements Under DOJ Grants and Cooperative agreements at hit �+ `//oio eovhundmo/I lement/R.mumes/Gui deTorocurementPrncedures ndi 2.0 Cost Analysis - A cost analysis must be performed by the subrecipient if the cost or price is at or above the $35,000 acquisition threshold and the contract was awarded non -competitively In accordance with s. 216.3475, F.S. The subrecipient must maintain records to support the cost analysis, which includes a detailed budget, documented review of individual cost elements for allowability, reasonableness, and necessity. See also Chief Financial Officer Memorandum No. 02 (2012-2013). 3.0 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 DOJ Grants 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". 4.0 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 FDLE and the Federal Government in accordance with instructions that determined the costs are unallowable unless state or Federal statute or regulation directs otherwise. See also 2 C.F.R. §§ 200.300-309. 5.0 Indirect Cost Rate - A subrecipient that is eligible to use the "de minimis" indirect cost rale described in 2 C.F.R. § 200.414(f), and elects to do so, must advise OGJG in writing of both Its eligibility and its election, and must comply with all associated requirements in the 2 C.F.R. § 200 and Appendix VII. 6.0 Sole Source - If the project requires a non- competitive purchase from a sole source, the subrecipient must complete the Sole Source Justification for Services and Equipment Form and submit to OCJG upon application for pre - approval. If the subrecipient is a stale agency and the cost meets or exceeds $150,000, the subrecipient must also receive approval from the Department of Management Services (DMS) (s. 287.057(5), F.S.). The Sole Source farm must be signed by the subrecipient or implementing agency chief official or chief official designee. Additional details on the sole source requirement can be found at 2 C.F.R. § 200 and the DOJ Grants Financial Guide. 7.0 Personal Services - Subrecipients may use grant funds for eligible personal services including salaries, wages, and fringe benefits, including overtime in accordance with the DOJ Grants Financial Guide Section 3.9 - Cempensation for Personal Services, consistent With the principles set out in 2 C.F.R. § 200, Subpart E and those permitted in the federal FY171 SFY2018 JAG Standard Conditions Page 10 of le Rev. 09/2018 program's authorizing legislation. Subrecipient employees should be compensated with overtime payments for work performed in excess of the established work week and In accordance with the subrecipient's written compensation and pay plan. Documentation - Charges for salaries, wages, and fringe benefits must be supported by a system of internal controls providing reasonable assurance that charges are accurate, allowable, and properly allocated. Documentation supporting charges must be incorporated into the official records of the organization. Charges made to the Personnel Budget Category must reasonably reflect the total time and activity for which the employee is compensated by the organization and cover both federally funded and all other activities. The records may include the use of subsidiary records as defined in the organization's written policies. Where grant subrecipients work on multiple grant programs or cost activities, documentation must support a reasonable allocation or distribution of costs among specific activities or cost objectives. 8.0 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. Requirements for Contractors of Subrecipients - The subrecipient assures the compliance of all contractors with the applicable provisions of Tifle I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended 42 U.S.C. § 3711 at seq.; the provisions of the current edition of the DOJ Grants FinancisiGuidef hnosi/oto ow/Fnancialauide(doI/ ndfrdDOJ FinancialGuide.Ddfa, and all other applicable federal and s he 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 ten "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. Approval of Consultant Contracts Compensation for individual consultant services must be reasonable and consistent with that paid for similar services in the marketplace. The Federal awarding agency and pass-through entity must review and approve in writing all consultant contracts prior to employment of a consultant when the individual compensation 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, who will coordinate written approval of the Federal awarding agency, prior to subrecipient obligation or expenditures of such funds. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide Section 3.6 Consultant Rates, 28 C.F.R. § 66, and applicable state statutes. The Department's approval of the subrecipient agreement does not constitute approval of individual consultant contracts or rates. If consultants are hired through a competitive bidding process (not sole source), the $650 threshold does not apply. FFATA Reporting Requirements - Subrecipients that enter Into subawards of $25,000 or more should review the Federal Funding Accountability and Transparency Act of 2006 (FFATA), website for additional reporting requirements at hitnsd/nio Dov/fundinn/Fxnlnre/FFATA him 9.0 Travel and Training - The cost of all travel shall be reimbursed according to the subreclpient'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, F.S. Any foreign travel must obtain prior written approval from the Federal awarding agency and pass-through entity. 10.0 Expenses Related to Conferences, Meetings, Trainings, and Other Events - Subgranl funds requested for meetings, retreats, seminars, symposia, events, and group training activities and related expenses must receive written pre - approval from the Federal awarding agency and pass-through entity and comply with all provisions in 2 C.F.R. § 200.432 and DOJ Grants Financial Guide Section 3.10; Conference Approval, Planning, and Reporting. Subgrant applications requesting approval for meeting, training, conference, or other event costs must include a completed Conference & Events Submission Form for approval prior to obligating subgrant funds for these purposes. 11.0 Training and Training Materials — Any training or (mining materials that has been developed or delivered with grant funding under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgmnlees, available at www oin.oov/fundino/oiotraininoouidinondncioles. him. 12.0 Publications, Media and Patents Ownership of Data and Creative Material - Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate FY171 SFY2018 JAG Standard Conditions Page 11 of 16 Rev. 09/2018 to this agreement is governed by the terms of the DOJ Grants Financial Guide, 28 C.F.R. §§ 66, and 200.315. Publication or Printing of Materials - Publication costs for electronic and print media, Including distribution, promotion, and general handling are allowable. If these costs are not identifiable with a particular direct cost objective, it should be allocated as indirect costs. Publication includes writing, editing, and preparing the illustrated material (including videos and electronic mediums). Subrecipients must request pre -approval in writing for page charges for professional journal publications. All publication materials must comply with provisions in 2 C.F.R. § 200.461 and DOJ Grants Financial Guide, Section 3.9; Allowable Costs — Publication. Subrecipients must submit for review and approval one (1) copy of any curricula, training materials, or any other written materials to be published, including web -based materials and website content, to be paid under this award at least thirty (30) days prior to the targeted dissemination date. All electronic and print materials paid under this award most contain the following statements identifying the federal award: "This project was supported by Grant No. 2017 -MU -BX -0187 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Progmms, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." Any website that funded in whole or in part under this award must include the same statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to intenor content), and on any pages from which a visitor may access or use a web -based service, including any pages that provide results or outputs from the service. Patents - Subrecipients are subject to applicable regulations governing patents and inventions, including government vide regulations issued by the Department of Commerce (27 C.F.R. § 401 and 2 C.F.R. § 200.315(c)). Subrecipients must promptly and fully report to FDLE and the Federal awarding agency if any program produces patentable Items, patent rights. processes, or inventions, In the course of work sponsored under this award. 13.0 Information Technology Projects Criminal Intelligence Systems - The subreclpient 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, ff the Once 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 26 C.F.R. § 23.20(8). Should any violation of 28 C.F.R. § 23 occur, the subreciplent 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 subreciplent 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. State IT Point of Contact - The subreciplent must ensure that the Stale IT Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the subrecipient must maintain an administrative file documenting the meeting of this requirement. For a list of State 1T Points of Contact, go to httus//it 0113 novltechnolonv-rnntacls. The State IT Point of Contact will ensure the subrecipient's project follows a statewide comprehensive strategy for information sharing systems that improve the functioning of the criminal justice system, with an emphasis on Integration of all criminal justice components, law enforcement, courts, prosecution, corrections, and probation and parole. Interstate Connectivity - To avoid duplicating existing networks or IT systems In any initiatives funded by the Bureau of Justice Assistance for FY17 / SFY2018 JAG Standard Conditions Page 12 of 16 Rev. 092018 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 cast effective or would impair the functionality of an existing or proposed IT system. 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 and pre - approval must be obtained. ADP Justification must be signed by the subrecipient of implementing agency chief official or an individual with formal, written signature authority for the chief official. 14.0 Interoperable Communications Guidance - Subrecipients using funds to support emergency communications activities must comply with the current SAFECOM Guidance for Emergency Communication Grants, including provisions an technical standards that ensure and enhance Interoperable communications. Emergency communications activities include the purchase of Interoperable Communications Equipment and technologies such as voice-over-inlemel protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC) Waiver Order. SAFECOM guidance can be found at www.safecq�prrpgm.00vllibrarv/lists/librarv/Dis oFortn.asoz 9�4 Subredpienis 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 suppon the Statewide Communication Interoperability Plan (SCIP) and are fully coordinated with the full-Ume 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 subrecipient should submit associated documentation, and other material, as applicable, for review by the SWIC to ensure coordination. Subrecipients must provide a listing of all communications equipment purchased with grant award funding (plus the quantity purchased of each item) to FDLE once Items are procured during any periodic programmatic progress reports. 15.0 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 grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at www.it.am nav/esmantcondition. ed Grantee shall document plannapproaches 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. SECTION VII: COMPLIANCE WITH 8 U.S.C.§1373 1.0 In regards to the program or activity funded under this subaward and throughout the period of performance for this award, no state or local government entity, agency or official may prohlbil or in any way restrict: Any government entity or official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or a government entity or agency from sending, requesting or receiving, maintaining, or exchanging information regarding Immigration status as described in 8 U.S.C. 1373(b). For the purposes of this subaward, any prohibition (or restriction) that violates this condition Is an 'information -communication restriction.' 2.0 A subaward to a state or local government or a public institution of higher education, cannot be made unless a properly executed certification of compliance with 8 U.S.C. 1373, signed by the chief legal officer of the subrecipient entity has been received by OCJG. Similarly. subrecipients cannot make a further subaward to a state or local govemment or a public institution of higher education, unless it first obtains a properly executed certification of compliance with 8 U.S.C. 1373 signed by the chief legal officer of the third tier subrecipient. 3.0 Funding under this award cannot be subawarded to any subrecipient at any Oar that is either a state or unit of local government or a public institution of higher education that is subject to any'infonnaboncommunication restriction.' FY171 SFY2016 JAG Standard Conditions Page 13 of 16 Rev. 09/2018 4.0 Subrecipients must modify FDLE (inwriting) if it has credible evidence that indicates Ihat a funded program or activity of a subrecipient at any tier that is either a state or local government or a public institution of higher education,may be subject to any "information -communication restriction." 5.0 For STATE AGENCIES: With respect to the program or activity that is funded by this subaward, as of the dale the subrecipient accepts this subaward, and throughout the remainder of the period of performance for the award - A stale statute or a stale rule, regulation, policy or practice must be in place that is designed to ensure that agents of the United States acting under color of federal law are given access to any state (or slate contracted) correctional facility for the purpose of permitting such agents to meet with individuals who are (or are believed by such agents to be) aliens and to Inquire as to such individuals' right to be or remain in the United States. A stale statute, or a state rule, regulation, policy or practice must be in place that is designed to ensure that, when a state (or stale contracted) correctional facility receives a formal written request authorized by the Immigration and Nationality Act from DHS that seeks advance notice of the scheduled release date and time for a particular alien, they will honor the request and as early as practicable, provide the request notice to DHS. 6.0 For units of LOCAL GOVERNMENT: With respect to the program or activity that is funded by this subaward, as of the date the subrecipient accepts this subaward, and throughout the remainder of the period of performance for the award - A local ordinance, rule, regulation, policy or practice (or an applicable state statute, role, regulation policy or practice) must be in place that is designed to ensure that agents of the United Slates acting under color of federal law are given access to any slate (or stale contracted) correctional facility for the purpose of peoniWng such agents to meet with individuals who are (or are believed by such agents to be) aliens and to inquire as to such individuals' right to be or remain in the United States. A local ordinance, rule, regulation, policy or practice (or an applicable stale statute, rule, regulation policy or practice) must be in place that is designed to ensure that, when a local government (or local government contracted) correctional facility receives a formal written request authorized by the Immigration and Nationality Act from DHS that seeks advance notice of the scheduled release dale and time for a particular alien, they will honor the request and as early as practicable, provide the request notice to DHS. 7.0 Monitoring of compliance with the requirements of this condition will be conducted by FDLE. 8.0 Nothing in this condition shall be understood to authorize any subrecipient at any tier to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to FDLE prior to award acceptance. SECTION VIII: ADDITIONAL 1.0 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. 2.0 National Environmental Policy Act(NEPA) 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. FY17 / SFY2018 JAG Standard Conditions Page 14 of 16 Rev. 09/2018 If it is determined that any of the following activities will be funded by the grant, the recipient agrees to contact FDLE OCJG. 1) Newconstruction; 2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain; a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; 3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; 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; and of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 5.0 Disclosures 6.0 5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine 7.0 methamphetamine laboratories. 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 hros:/Avww.bia.aov/Fundinafmm..html, for Programs relating to methamphetamine laboratory operations. 3.0 National Historic Preservation Act — The AG will assist the Department (d necessary) in assuring compliance with section 106 of the National Historic Preservation Ad of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservatfon Act of 1974 (16 U.S.C. § 469 a-1 at seg.), and the National Environmental Policy Ad of 1969 (42 U,S.C. § 4321). 4.0 Human Research Subjects - Subrecipient agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection Conflict of Interest - The subreciplent 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. Subreclplents must disclose in writing any potential conflict of interest to FDLE (the non-federal pass-through entity). 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. Uniform Relocation Assistance and Real Property Acquisitions Act - The subgrent recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 at seq.), which govern the treatment of persons displaced as a result of federal and federally - assisted programs. 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 govemment employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 8.0 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. 9.0 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. F.S., 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 FY17 f SFY2018 JAG Standard Conditions Page 15 of 16 Rev. 09/2018 other outreach to decrease crashes caused by persons are Incorporated by reference and distracted drivers. posted at 10.0 DNA Testing of Evldenllary Materials and www.oj)r70o@vlfundina/Exolore/Prohihited(:ondnrt- Tra�ckino.hlm. Upload of DNA Profiles to a Database - If PREA program funds will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (CODIS), by a government DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other non-governmental DNA database without prior express written approval from BJA. For more information, refer to the NIJ FY 2012 DNA Backlog Reduction Program, available at httos-il n .ncim.00v/odf61es1/nil/s1001062.odf 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). 11.0 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 CFR part 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. 94163.89 Stat. 871), if any. 12.0 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. 13.0 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 FY17 / SFY2018 JAG Standard Conditions Page 16 of 16 Rev. 092018 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirely and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strtkeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement ' e of Criminal Justice Grants Signal Typed Name end ride. ona Kay Cradit, Bureau Chief Date: 7>Za �9 Subgrant Recipient Authorizing Officlal.of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name of Subgrantt: Signature: Typed Name and Tide Jim Hill. Mevor Date: Julv 31. 2019 Implementing Agency Official, Administrator or Designated Representative Typed Name of Implementing Agency: 'A. erynfS,hweri,Pnj,�Department Signature: Typed Name alyd-iig'e: .1 M;. -hot i o M....�rh;�f�fPn1r. Date: July 31, 2019 Application Ref # 2018-JAGD-2174 Section #6 Page 1 of 1 Contract #-JAGD-INRI- - - Rule Relerence t rD-DoW OCJG005 (rev. April 2005)