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6~ South'Miami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING To: FROM: DATE: SUBJECT: BACKGROUND: GRANTOR: The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager Agenda Item NO.:6.... February 7,2017 A Resolution authorizing the City Manager to execute the fiscal year 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Agreement for the purchase of one (1) ruggedized laptop/tablet computer for South Miami Police Officers in the amount of $2,945.00. The Florida Department of Law Enforcement by and through its Office of Criminal Justice Grants awarded the City of South Miami $2,945.00 for the project entitled "Byrne Grant Records Improvement". The City of South Miami will be allocating the funds for the purchase of one (1) ruggedized laptop/tablet computer for a Patrol Officer. The City will purchase a ruggedized laptop/tablet computer for use, so the patrol officer can be in contact with dispatch for faster response times and also have the ability to access the OneSolution software crime reporting system. The laptop/tablet computer will also supplement in-office, to ensure that officers can manage the problem of auto theft and auto burglary by tracking occurrences and access statistics. Florida Department of Law Enforcement (FDLE) GRANT AMOUNT: $2,945.00 GRANT PERIOD: AnACHMENTS: October 1,2016 through September 30,2017 Florida Department of Law Enforcement FY 2017 Contract for the Byrne Grant Vehicle Burglary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO .. __ _ A Resolution authorizing the City Manager to execute the fiscal year 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Agreement for the purchase of one tablet computer for South Miami Police Officers in the amount of $2,945.00. WHEREAS, the City of South Miami has a grant award for the purchase of one (1) ruggedized laptop/tablet computer for Police Officers in the amount of $2,945.00 from the Florida Department of Law Enforcement from the Edward Byrne Memorial Justice Assistance Grant; and WHEREAS, the Mayor and City Commission desire to accomplish the purpose of the purchase one (1) tablet computer to improve Police Officers' response times and combat auto theft, as outlined in the attached application and Sub grant Award Certificate (contract number 2017- JAGC-DADE-21-F9-182) which are incorporated herein by reference; and WHEREAS, the Mayor and the City Commission wish to accept the grant agreement with the Florida Department of Law Enforcement for the Edward Byrne Memorial Justice Assistance Grant. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is hereby authorized to execute the grant agreement with the Florida Department of Law Enforcement, Office of Criminal Justice Grants for the Edward Byrne Memorial Justice Assistance Grant for the purchase of one ruggedized laptop/tablet computer for South Miami Police Officers in the amount of $2,945.00. The grant agreement is attached to this resolution. Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this __ , day of ___ , 2017. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF: CITY ATTORNEY APPROVED: MAYOR Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Harris: Commissioner Liebman: Subgrantee: City of South Miami Date of Award: 1'L\'l.:=l"I1Olfp SUBGRANT AWARD CERTIFICATE Grant Period: From: 10101/2016 TO: 09/30/2017 Project Title: RI -RECORDS IMPROVEMENT PROJECT -SOUTH MIAMI Grant Number: 2017-JAGC-DADE-21-F9-182 Federal Funds: $ 2,945.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 2,945.00 CFDA Number: 16.738 Award is hereby made in the amount and for the period shown abovlil of a subgrant under Part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended Subpart 1 of such part (42 U.S.C. 3751-3759); the Consolidated Appropriations Act, 2008, Public Law 110-161; and Public Law 109-162, Title XI, Department of Justice Reauthorization,'Subtitle B, Improving the Department of Justice's Grant Programs, Chapter 1, Assisting Law Enforcement and Criminal Justice Agencies, Section 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Office of Justice Programs (OJP) Financial Guide, Common Rule for State and Local Governments, or OMB Uniform Grant Guidance (2 CFR Part 200), in their entirety. It is also subject to the attached standard conditions and such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of PL 90-351, as amended, and P.L. 100-690. This award is a cost-reimbursement agreement for satisfactory performance of eligible activities. Requests for reimbursement may be submitted quarterly or monthly as designated in the Financial Section of the agreement. Requests for reimbursement will be processed in conjunction with receipt and review of programmatic performance reports to determine successful completion of minimum performance for deliverables. Expenditures must be supported with documentation and verified during annual monitoring. Failure to comply with provisions of this agreement, or failure to meet minimum performance specified in the agreement will result in required corrective action up to and including project costs being disallowed, withholding of federal funds andlor termination of the project, as specified within the terms of the agreement and OMB Uniform Guidance 200.338 -200.342. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. Authorized Official Petrina Tuttle Herring Bureau Chief Date/ tfrhis award is subject to special conditions (attached). State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SPECIAL CONDITION(S) / GENERAL COMMENT(S) Awarding Agency: Office of Criminal Justice Grants Grant Number: 2017-JAGC-DADE-21-F9-182 Grant Title: RI -RECORDS IMPROVEMENT PROJECT -SOUTH MIAMI In addition to the general conditions applicable to fiscal administration, the grant is subject to the following Special Condition(s)/General Comment(s): Ref# S35109: By accepting this subaward, the subrecipient agrees to undertake a review to validate its compliance with 8 U.S.C § 1373 as described in the Certificate of Acceptance of Subgrant Award. Documentation must be submitted by the City of South Miami to FDLE's Office of Criminal Justice Grants by March 31,2017. Failure to comply with this condition could result in the withholding of grant funds for all subawards for the City of South Miami, suspension or termination of subgrants, ineligibility for future grants or subgrants, or other administrative, civil, or criminal penalties, as appropriate. Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Subgrant Recipient Organization Name: City of South Miami County: Dade Chief Official Name: Title: Address: City: State: Phone: Phillip Stoddard Mayor 6130 Southwest 72 Street South Miami FL Zip: 305-663-6301 Ext: 33143-5040 Fax: Email: 305-668-2491 Pstoddard@southmiamifl.gov Chief Financial Officer Name: Title: Address: City: State: Phone: Fax: Email: Alfredo Riverol Chief Financial Officer 6130 Sunset Drive South Miami FL Zip: 305-663-6343 Ext: ariverol@southmiamifl.gov Application Ref # 2017 -JAGC-3095 33143-5040 Contract 2017 -JAGC-DADE-21-F9-182 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Section #1 Page 1 of 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Implementing Agency Organization Name: South Miami Police Department County: Dade Chief Official Name: Title: Address: City: State: Phone: Fax: Email: Rene Landa Chief 6130 Sunset Drive South Miami FL Zip: 305-663-6310 Ext: rlanda@southmiamifl.gov Project Director Name: Title: Address: City: Rene Landa Chief 6130 Sunset Drive South Miami 33143-5040 State: FL Zip: 33143-5040 Phone: 305-663-6310 Ext: Fax: Email: rlanda@southmiamifl.gov Application Ref # 2017 -JAGC-3095 Contract 2017 -JAGC-DADE-21-F9-182 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Section #1 Page 2 of 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide General Project Information Project Title: RI -RECORDS IMPROVEMENT PROJECT -SOUTH MIAMI Subgrant Recipient: City of South Miami Implementing Agency: South Miami Police Department Project Start Date: 10/1/2016 End Date: 9/30/2017 Problem Identification This project will be a continuation of last year's grant (2016-JAGC-DADE-23-H3-177)and will assist the South Miami Police Department is in the process of converting to a paperless system for criminal justice reporting. The department has been seeking funding to support the purchase of tablet computers for police officers. Tablets will enable officers to work more efficiently and accurately when preparing reports. Although the department has been able to secure some funding for the conversion, the police officers are still in need of updated computer equipment for daily operations. Current computing units are out of warranty, in need of expensive replacement parts, and not functioning properly. Because the Police Department has not had the funds for updating much needed computing units, grant funds have been identified to purchase the equipment. Project Summary (Scope of Work) The South Miami Police Department will utilize FY 2016 JAG funds to purchase ONE (1) tablet computer,ONE (1) cover, and ONE (1) Dock for police officers. The equipment will make it possible to access necessary data at a higher speed, therefore increasing productivity. Funding will allow the South Miami Police Department to continue its efforts to upgrade equipment used to manage criminal justice data, while increasing efficiency and effectiveness. In addition, the tablet computer will allow the officers to reduce the time needed to store data and record keeping. Moreover, the department can share information with other local law enforcement agencies. In an effort to improve the management and maintenance of criminal justice data, the department will use this year's JAG funding to purchase ONE (1) tablet computer, ONE (1) cover, and ONE (1) dock to be installed in police vehicles. Deliverables will be tracked with invoices and proof of payment. This project requests federal grant funding for a law enforcement or criminal justice technology related project and may be subject to review and approval by the State Information Technology (IT) Point of Contact. By utilizing funds for this project, the subrecipient and implementing agency agree to conform to all state and national standards for technology and information sharing systems that connect to, and/or interface with state and national systems, and/or reside on the state Criminal Justice Network (CJNet). These standards include, but are not limited to, the FBI CJIS Security Policy and any rules, regulations or guidance enacted by the Criminal and Juvenile Justice Information System (CJJIS) Council under F.S. 943.06. Application Ref # 2017-JAGC-3095 Section #2 Page 1 of 2 Contract 2017 -JAGC-DADE-21-F9- Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Section Questions: Question: What percentage of the total cost of this project is being funded by sources other than this award? Answer: 10 Question: What is the name of the jurisdiction(s) your agency provides service to. (e.g., City of Miami, Orange County, State of Florida) Answer: City of South Miami Question: What is the address of the location being used to provide services for this project? Answer: 6130 Sunset Drive, South Miami, Florida 33143 Question: Describe your agency. (e.g., non-profit, community based, government) Answer: Government Question: Have you verified that the subgrantee has an active and current registration in SAM.gov? Answer: Yes Question: What is the Operating Capital Outlay threshold used by the subgrantee? If the implementing agency is a sheriffs office, indicate the sheriffs office's threshold instead. Answer: 1000 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 19·34 (15 U.S.C. 78m(a), 780(d)) or section 6104 of the Internal Revenue Code of 1986? If answer to Part 1, above, was "no," answer N/A. Answer: No Question: What is the combined population of the jurisdiction(s) your agency provides services to (according to the 2010 census)? Answer: 11657 Application Ref # 2017-JAGC-3095 Section #2 Page 2 of 2 Contract -JAGC-OAOE--- Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purposti! Area: 01 -Law Enforcement (Includes Task Forces) State Purpose Area: 1 G -General Questions Objectives and Measures Objective: General Questions -General Questions for All Recipients Measure: General 01 Will your organization be using the crimesolutions.gov website during the grant period regardless of JAG funding? Crimesolutions.gov provides information on several crime reduction and prevention programs and practices. Goal: No Measure: General 02 Will your organization be using the The National Training and Technical Assistance Center (NTTAC) during the grant period, regardless of JAG funding? The NTTAC serves as BJA's training and technical assistance center. You can find resources, tools, webinars, and TTA support on a variety of criminal justice issues and initiatives. Goal: No Measure: General 03 Will your organization be using the NCJP.org website during the grant period, regardless of JAG funding? NCJP.org contains resources to support strategic planning, program development, and implementation of evidence-based policy and practice. Goal: No Measure: General 04 Will your organization be using the Evidence-Based Policing Matrix during the grant period regardless of JAG funding? The Evidence-Based Policing Matrix provides information on evidence-based practices for law enforcement. Goal: No Measure: General 05 Will your organization be using the What Works in Reentry Clearinghouse during the grant period regardless of JAG funding? The clearinghouse provides research on the effectiveness of reentry programs and practices. Goal: No Measure: General 06 Application Ref # 2017 -JAGC-3095 Section #3 Page 1 of 3 Contract -JAGC-DADE--- Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide 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: If necessary, the City will pay any additional funds above grant balance. Measure: General 08 During the grant period, will your agency conduct or sponsor (with or without JAG funds) a surveyor focus group of citizens on any of the following topics? Enter all . that apply from the following list: Public satisfaction with police services; public satisfaction with prosecution services; public satisfaction with public defender/indigent defense services; public satisfaction with courts; public perceptions of crime/disorder problems; personal crime experiences of citizens; none of the above; unsure/don't know. Goal: Unsure/Dont' Know Measure: General 09 During the grant period, which of the following community activities will your organization be involved in, with or without JAG funds and how often will they each occur (yearly, monthly, etc.)? Choose from the following list: Hosting community meetings; attending community meetings; distributing a newsletter, e-mail, or other bulletin; attending community events; conducting social media activities; conducting outreach to minority populations; other (please describe) Goal: Unsure 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 fallowing 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: Unsure/Don't know. Measure: General 11 Identify the goal(s) you hope to achieve with your funding. If you have multiple goals, describe each goal separately. Application Ref # 2017 -JAGC-3095 Section #3 Page 2 of 3 Contract 2017 -JAGC-DADE-21-F9- Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Goal: 1. To access necessary data at higher speed, therefore increasing productivity 2. To increase efficiency and effectiveness 3. To reduce the time need.ed to store data and record keeping 4. To share information with other local law enforcement agencies Measure: General12 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: General13 Describe any barriers you may encounter which may prevent you from achieving your identified goal(s). Goal: No barriers 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 11 b What major activities are planned for each of your goals listed in question 11? Goal: Train officers in using the equipment. Train officers accessing all information and new software. State Purpose Area: 3E -Equipment, Supplies, and Technology Enhancements Objectives and Measures Objective: Equipment -Questions for all recipients purchasing Equipment, Supplies, and Technology Enhancements. Measure: Equipment 1 Do the Subrecipient and Implementing agencies understand that they will be required to submit an itemized account of all items purchased during each reporting period as part of their performance reporting? Goal: Yes Application Ref # 2017-JAGC-3095 Section #3 Page 3 of 3 Contract -JAGC-DADE--- Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR I Vendor Number: 596000431 Budget: Budget Category Federal 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 $2,945.00 $0.00 $2,945.00 Outlay Indirect Costs $0.00 $0.00 $0.00 --Totals --$2,945.00 $0.00 $2,945.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2017 -JAGC-3095 Section #4 Page 1 of 3 Contract -JAGC-DADE--- Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Budget Narrative: Operating Capital Outlay One (1) tablet computer, ONE (1) cover, and ONE (1) dock (including installation, cables, mounting hardware, protective cover, adapters, power cord, 1 year warranty & shipping/handling, keyboard, docking station) in the amount of $2,94S.00 The City will be responsible for any additional cost amount. ADP Info is as follows: F110 -11.6" Intel is-4300U 1.9GHz Processor, 3MB Cache,4GB DDR3 RAM, 128GB SSD, 800 NITsLumiBondTouchscreen Display, Dual batteries, SMP rear camera, web camera, 802.11 AC Wireless, Bluetooth,461 FReady, -21 C, IP6S, WIN? 64-bit Pro, 3 Year B2B Application Ref # 2017 -JAGC-3095 Section #4 Page 2 of 3 Contract 2017-JAGC-DADE-21-F9- Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Section Questions: Question: If the budget contains salaries and benefits, will this project result in a net personnel increase, or continue to fund a prior federally grant funded net personnel increase? Answer: No Question: If Expenses or Operating Capital Outlay are included in your budget, what will be the method of procurement for those items? (e.g., competitive bid, sole source, state term contract) Answer: State of Florida Computer Contract WSCA-15-ACS/WN08AGW Question: If indirect cost.is included, explain the indirect cost plan. Provide documentation of approval. Answer: N/A Question: If contractual services in the budget are based on unit costs, provide a definition and breakdown of cost for each service. Include the methodology for the unit cost plan and when it was approved. Answer: N/A Application Ref # 2017-JAGC-3095 Section #4 Page 3 of 3 Contract -JAGC-DADE--- Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Insert Standard Conditions Page here. Application Ref # 2017 -JAGC-3095 Section #5 Page 1 of 1 Contract 2017 -JAGC-DADE-21-F9-182 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program STANDARD CONDITIONS The State of Florida, Department of Law Enforcement (FDLE or Department) is a recipient of federal JAG funds. FDLE, as the non-federal pass-through entity and State Administering Agency (SM) for this program, subawards JAG funds to eligible units of government. All subawards made by FDLE to units of government under this program require compliance with the agreement and Standard Conditions upon signed acceptance of the subaward. The following terms and conditions will become binding upon approval of the application or subaward, and completion of the Certificate of Acceptance by the subrecipient. As a unit of government, the subrecipient will maintain required state and federal registrations and certifications for eligibility under this program. For JAG-Countywide subawards, the designated County Coordinator for local units of government will submit documentation in accordance with Florida Administrative Code 11 D-9 supporting the strategic planning for allocation of these funds. The subrecipient agrees to submit required programmatic and financial reports supporting that eligible activities were completed in accordance with the grant and program requirements. The Department will only reimburse subrecipients for authorized activities. The Department will not reimburse for costs incurred for any purpose other than those specified in the agreement. Failure to comply with provisions of this agreement, or failure to perform grant activities as specified in the agreement, will result in required corrective action up to and including financial consequences. A financial consequence may be imposed for non-compliance in accordance with 2 C.F.R. § 200 and these Standard Conditions, including but not limited to project co~ts being disallowed, withholding of federal funds and/or termination of the project. All subrecipients must comply with requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide), http://ojp.gov/financialguide/DOJ!pdfs/2015 DOJ FinanciaIGuide.pdf, the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance, fed~ral statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: Florida Administrative Code, Chapter 110-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program": www.flrules.org Office of Management and Budget (OMB) Uniform Grant Guidance (2 C.F.R. § 200) Subpart A Definitions, Subparts B-D Administrative Requirements, Subpart E Cost Principles, Subpart F Audit Requirements and all applicable Appendices. This guidance supersedes previous OMS Circulars and Standard Conditions and is applicable to any new subawards made under Federal grants awarded on or after December 26,2014. http://www.ecfr.gov!cgi-binltext-idx?SID=62764122c780e5d1 d2134127afadc30d&node=2:1.1.2.2.1 &rgn=div5 Code of Federal Regulations: www.gpo.govlfdsysl 2 C.F.R. § 175.15(b), "Award Term for Trafficking in Persons" 28 C.F.R. § 38, "Equal Treatment for Faith-Based Organizations" 28 C.F.R. § 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) 28 C.F.R. § 83, "Government-Wide Requirements for Drug-Free Workplace (Grants)" 28 C.F.R. §§ 18, 22, 23, 30, 35, 42, 61, and 63 Public Law Pub. L. No. 109-162, Title XI-Department of Justice Reauthorization, Subtitle B-Improving the Department of Justice's Grant Programs, Chapter 1-Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: http://www.gpo.govlfdsyslpkgIPLAW-1 09pub11621pdf1PLAW-1 09publ162.pdf United States Code: www.gpo.gov!fdsysl 42 U.S.C. §§ 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: http://dlis.dos.state.fl.uslbarmlgenschedulesIGS2-2008-Rev2010.pdf SFY2017 JAG Standard Conditions Rev. 09/2016 Page 1 of 23 State of Florida Statutes § 215.971, Fla. Stat. "Agreements funded with federal or state assistance" § 215.985, Fla. Stat. "Transparency in government spending" Subgrantees are strongly encouraged to submit annual (or more frequent) JAG success stories. These success stories highlight projects that have demonstrated success or shown promise in reducing crime and positively impacting communities. They are a valuable resource for states, localities, territories, tribes and criminal justice professionals who seek to identify and learn about JAG and other successful 8JA-funded projects linked to . innovation, crime reduction, and evidence-based practices. Submit all success stories to OCJG for review and submission. Disallowed costs means those charges to a Federal award that the Federal awarding agency or pass-through entity determines to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. Equipment means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes, or $5,000. See also §§ 200.12, "Capital assets"; 200.20, "Computing devices"; 200.48, "General purpose equipment"; 200.58, "Information technology systems; 200.89, "Special purpose equipment"; and 200.94, "Supplies." Grant agreement means a legal instrument of financial assistance between a Federal awarding agency or pass- through entity and a non-Federal entity that, consistent with 31 U.S.C. §§ 6302, 6304, is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass- through entity to the non-Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. § 6101 (3)); and not to acquire property or services for the Federal awarding agency or pass-through entity's direct benefit or use; and is distinguished from a cooperative agreement in that it does not provide for substantial involvement between the Federal awarding agency or pass-through entity and the non-Federal entity in carrying out the activity contemplated by the Federal award. Improper payment means any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements and; Improper payment includes any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. Micro-purchase means a purchase of supplies or services using simplified acquisition procedures, the aggregate amount of which does not exceed the micro-purchase threshold. The non-Federal entity uses such procedures in order to expedite the completion of its lowest-dollar small purchase transactions and minimize the associated administrative burden and cost. The micro-purchase threshold is set by the Federal Acquisition Regulation at 48 C.F.R. Subpart 2.1, "Definitions". It is $3,000 except as otherwise discussed in Subpart 2.1 of that regulation, but this threshold is periodically adjusted for inflation. Modified Total Direct Cost (MTDC) means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. Non-Federal entity is a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient. Non-federal pass-through entity is a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program; the Florida Department of Law Enforcement (FDLE) is the non-federal pass-through entity for this agreement, also referred to as the State Administering Agency (SAA). SFY2017 JAG Standard Conditions Rev. 0912016 Page 2 of 23 Performance goal means a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate. In some instances (e.g., discretionary research awards), this may be limited to the requirement to submit technical performance reports (to be evaluated in accordance with agency policy). Period of performance means the time during which the non-Federal entity may incur new obligations to carry out the work authorized under the Federal award. The Federal awarding agency or pass-through entity must include start and end dates of the period of performance in the Federal award (See 2 C.F.R. §§ 200.210(a)(5), "Information contained in a Federal award" and 200.331 (a)(1 )(iv), "Requirements for pass-through entities"). Protected Personally Identifiable Information (PII) means an individual's first name or first initial and last name in combination with anyone 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 PII that is required by law to be disclosed. (See 2 C.F.R. § 200.79 Personally Identifiable Information (PII». Questioned cost means a cost that is questioned by the auditor because of an audit finding 1) that resulted from a violation or possible violation of a statute, regulation, or the terms and conditions of a Federal award, including for funds used to match Federal funds; 2) where the costs, at the time of the audit, are not supported by adequate documentation; or 3) where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances. Simplified acquisition threshold means the dollar amount below which a non-Federal entity may purchase property or services using small purchase methods. Non-Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 C.F.R. Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. § 1908. As of the publication of this part, the simplified acquisition threshold is $150,000, but this threshold is periodically adjusted for inflation. (Also see definition of Micro-purchase, 2 C.F.R. § 200.67) Subaward/Subgrant means an award provided by a pass-through entity, to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Supplies means all tangible personal property other than those described in 2 C.F.R. § 200.33, "Equipment". A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non-Federal entity for financial statement purposes or $5,000, regardless of the length of its useful life. (See 2 C.F.R. §§ 200.20, "Computing devices" and 200.33, "Equipment.") SFY2017 JAG Standard Conditions Rev. 0912016 Page 3 of 23 The subrecipient agrees to be bound by the following standard conditions: 1.0 Payment Contingent on Appropriation and Available Funds· The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subrecipients for incurred costs is subject to available federal funds. 2.0 System for Award Management (SAM) • The subrecipient must maintain current information in SAM until it submits the final financial report required under this award or receives the final payment, whichever is later. This requires that the subrecipient review and update the information at least annually after the initial registration, and more frequently if required by changes in its information or another award term. 2.1 The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). 3.0 General Appropriations Law Restrictions -The subrecipient must comply with all applicable restrictions on the use of federal funds set out in federal appropriation statutes. Pertinent restrictions in the Consolidated Appropriations Act, 2016 are set out at http://ojp.gov/funding/Explore/FY2016- AppropriationsLawRestrictions.htm. Subrecipients must contact the Office of Criminal Justice Grants for guidance should a question arise whether a particular use of federal funds by a subrecipient would or ight fall within the scope of an appropriations-law restriction, and may not proceed without the express prior written approval from the Department and federal awarding agency. 4.0 Commencement of Project· If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date 4.1 If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. 4.2 Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subaward funds to other Department approved projects. The Department, where warranted by extenuating Circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 5.0 Supplanting· The subrecipient agrees that funds received under this award will not be used to supplant state or local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 6.0 Personnel Changes· Upon implementation of the project, in the event there is a change in Chief Officials for the Subrecipient or Implementing Agency or any contact information to include mailing address, phone number, email or title change, project staff must notify the SIMON help desk to update the organizational information in SIMON. Project director changes require a grant adjustment in SIMON. 7.0 Non·Procurement, Debarment and Suspension· The subrecipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 C.F.R. § 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non-procurement)". These procedures require the subrecipient to certify that it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 8.0 Federal Restrictions on Lobbying· Each subrecipient agrees to comply with 28 C.F.R. § 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Pisclosure Form, if applicable, with each submission that initiates consideration of such subrecipient for award of federal contract, grant, or cooperative agreement. SFY2017 JAG Standard Conditions Rev. 09/2016 Page 4 of 23 9.0 State Restrictions on Lobbying -In addition to the provisions contained above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this agreement. 10.0 Additional Restrictions on Lobbying -The subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. 11.0 "Pay-to-Stay" -Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon an offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 12.0 The Coastal Barrier Resources Act -The subrecipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (Pub .. L. No. 97-348) dated October 19, 1982 (16 U.S.C. §§ 3501 et seq.) which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 13.0 Enhancement of Security -If funds are used for enhancing security, the subrecipient agrees to: 13.1 Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. 13.2 Conduct such an assessment with respect to each such enhancement; and submit to the Department the aforementioned assessment in its Final Program Report. 14.0 Background Check -Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of § 435 Fla. Stat. shall apply. 14.1 All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to § 435, Fla. Stat., using the level 2 standards set forth in that chapter. 14.2 All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile record checks through the Florida Department of Law Enforcement, and federal criminal record checks through the Federal Bureau of Investigation, and may include local criminal record checks through local law enforcement agencies. 14.2.1 Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. 14.2.2 Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. SFY2017 JAG Standard Conditions Rev. 09/2016 Page 5 of23 15.0 Privacy Certification -The subrecipient agrees to comply with all confidentiality requirements of 42 U.S.C. § 3789g and 28 C.F.R. § 22 that are applicable to collection, use, and revelation of data or information. The subrecipient further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. §§ 22 and, in particular, 22.23. Privacy Certification forms must be signed by the subrecipient or implementing agency chief official or an individual with formal, written signature authority for the chief official. 16.0 Conferences and Inspection of Work -Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 17,0 Insurance for Real Property and Equipment -The subrecipient must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non-Federal entity. 1,0 Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subrecipients, implementing agencies, and contractors must comply with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 794); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§ 1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); and Department of Justice Non-Discrimination Regulations 28 C.F.R. § 42. See Executive Order 13279 (equal protection of the laws for faith-based and community organizations). 2,0 FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability, or age in the delivery of services or benefits or in employment. The subrecipient must notify program participants and beneficiaries that it does not discriminate on the basis of race, color, national origin, religion, sex, disability, and age in the delivery of services or benefits or in employment practices. 3,0 Subrecipients are responsible for ensuring that contractors and agencies to whom they pass through funds are in compliance with all Civil Rights requirements. 4,0 Equal Employment Opportunity Plans 4,1 A subrecipient or implementing agency must develop an EEO Plan if it has 50 or more employees and has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the online short form at www.ojp.usdoj.gov/about/ocr/eeopcomply.htm. must be retained by the subrecipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. 4,2 If the subrecipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. 4,3 A subrecipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. 4,4 The subrecipient and implementing agency acknowledge that failure to comply with EEO requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. SFY2017 JAG Standard Conditions Rev. 09/2016 Page 6 of 23 5.0 In the event a federal or state court, or a federal or state administrative agency, makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to FDLE and to the Office for Civil Rights, Office of Justice Programs. 6.0 In accordance with federal civil rights laws, the subrecipient shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. 7.0 Subrecipients must include comprehensive Civil Rights/Nondiscrimination Provisions in all contracts funded by the subgrant recipient. 8.0 If the subrecipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a complaint with the subrecipient, with FDLE, or with the Office for Civil Rights. Discrimination complaints may be submitted to FDLE at Office of the Inspector General, Post Office Box 1489, Tallahassee, Florida 32302-1489, or online at info@fdle.stateJl.us. Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 ih Street, Northwest, Washington, D.C. 20531, or by phone at (202) 307-0690. 9.0 The subrecipient must have procedures in place for responding to discrimination complaints that employees, clients, customers, and program participants file directly with the subrecipient. 10.0 The subrecipient must have written policies or procedures in place for notifying program beneficiaries how to file complaints alleging discrimination by the subrecipient/implementing agency with FDLE or the OCR. 11.0 Any discrimination complaints filed with FDLE will be reviewed by FDLE's Inspector General and referred to the Office for Civil Rights, the Florida Commission on Human Relations, or the Equal Employment Opportunity Commission, based on the nature of the complaint. 12.0 Americans with Disabilities Act -Subrecipients must comply with the requirements of the Americans with Disabilities Act (ADA) (Pub. L. No. 101-336), which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 13.0 Rehabilitation Act of 1973 (28 C.F .R. § 42(G» • If the subrecipient has 50 or more employees and receives DOJ funding of $25,000 or more, the subrecipient must take the following actions: 13.1 Adopt grievance procedures that incorporate due process standards and provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Section 504 of the Rehabilitation Act of 1973, found at 28 C.F.R. § 42(G), which prohibit discrimination on the basis of a disability in employment practices and the delivery of services. 13.2 Designate a person to coordinate compliance with the prohibitions against disability discrimination contained in 28 C.F.R. § 42(G). 13.3 Notify participants, beneficiaries, employees, applicants, and others that the subrecipientlimplementing agency does not discriminate on the basis of disability. 14.0 Limited English Proficiency (LEP)· In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at www.lep.gov. FDLE strongly encourages subgrant recipients to have a written LEP Language Access Plan. 15.0 Title IX of the Education Amendments of 1972 (28 C.F.R. § 54) • If the subrecipient operates an education program or activity, the subrecipient must take the following actions: 15.1 Adopt grievance procedures that provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ. regulations implementing Title IX of the Education Amendments of 1972, found at 28 C.F.R. § 54, which prohibit discrimination on the basis of sex. SFY2017 JAG Standard Conditions Rev. 09/2016 Page 70f23 15.2 Designate a person to coordinate compliance with the prohibitions against sex discrimination contained in 28 C.F.R. § 54. 15.3 Notify applicants for admission and employment, employees, students, parents, and others that the subrecipientiimplementing agency does not discriminate on the basis of sex in its educational programs or activities. 16.0 Equal Treatment for Faith Based Organizations· The subrecipient agrees to comply with the applicable requirements of 28 C.F.R. § 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the recipient or a subrecipient must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. The subrecipient also understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from the award, or the parent or legal guardian of such students. Notwithstanding any other special condition of this award, faith-based organizations may, in some circumstances, consider religion as a basis for employment. See www.ojp.gov/aboutiocr/egualfbo.htm. 17.0 Immigration and Nationality Act· No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. § 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subrecipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 1.0 Fiscal Control and Fund Accounting Procedures 1.1 All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Uniform Grant Guidance (2 C.F.R § 200) as applicable, in their entirety. 1.2 Subrecipients must have written procedures for procurement transactions. Procedures must ensure that all solicitations follow 2 C.F.R. §§ 200.319 "Competition" and 200.320 "Methods of Procurement". 1.3 The subrecipient is required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them. As a subrecipient, you must have a financial management system in place that is able to record and report on the receipt, obligation, and expenditure of grant funds. An adequate accounting system for a subrecipient must be able to accommodate a fund and account structure to separately track receipts, expenditures, assets, and liabilities for awards, programs, and subrecipients. 1.4 All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. 1.5 All funds not spent in accordance with this agreement shall be subject to repayment by the subrecipient. SFY2017 JAG Standard Conditions Rev. 09/2016 Page 8 of 23 1.0 Obligation of Subrecipient Funds -Subaward funds shall not under any circumstances be obligated prior to the effective date, or subsequent to the termination date, of the period of performance. Only project costs incurred on or after the effective date, and on or prior to the termination date of the subrecipient's project are eligible for reimbursement. All payments must be completed within thirty (30) days of the end of the subaward period of performance. 2.0 Advance Funding -Advance funding may be provided to a subrecipient upon a written request to the Department. The request must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. 3.0 Trust Funds 3.1 The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund mayor may not be an interest bearing account. 3.2 The account may earn interest, but any earned interest must be used for program purposes and expended before the federal grant period end date. Any unexpended interest remaining at the end of the federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 4.0 Performance 4.1 Subaward Performance -The subrecipient must comply with state and federal requirements for subaward performance under 2 C.F.R. §§ 200.76-77. The subaward shall describe the timing and scope of expected performance as related to the outcomes intended to be achieved by the program. Where appropriate, the subaward should provide specific performance goals, indicators, milestones, or expected outcomes (such as outputs, or services performed or public impacts of any of these) with an expected timeline for accomplishment. Submitted programmatic reports must clearly articulate, where appropriate, performance during the execution of the award has met a standard against which the subrecipient's performance can be measured. These requirements should be aligned with agency strategic goals, strategic objectives, or performance goals that are relevant to the program. 4.2 Performance of Agreement Provisions -In the event of default; non-compliance; or violation of any provision of this agreement by the subrecipient, the subrecipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subrecipient of its decision thirty (30) days in advance of the effective date of such sanction. The subrecipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 5.0 Grant Adjustments -Subrecipients must submit a grant adjustment through SIMON for major substantive changes such as: scope modifications or changes to project activities, target populations, service providers, implementation schedules, project director, designs or research plans set forth in the approved agreement, and for any budget changes that affect a cost category that was not included in the original budget. Adjustments are also required when there will be a transfer of 10% or more of the total budget between budget categories, or there is an indirect cost rate category change. 5.1 Subrecipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item. . 5.2 Under no circumstances can transfers of funds increase the total budgeted award. 5.3 Requests for changes to the subaward agreement must be electronically signed by the subrecipient or implementing agency's chief official or the chief official's designee. 5.4 All requests for changes must be submitted in SIMON no later than thirty (30) days prior to grant expiration date. 6.0 Required Reports -All reports must relate financial data to performance accomplishments. Subrecipients must submit both reports on the same reporting cycle. SFY2017 JAG Standard Conditions Rev. 0912016 Page 9 of 23 6.1 Financial Expenditure Report 6.1.1 The subrecipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty (30) days after the end of the reporting period. In addition, if the subaward period is extended, additional Project Expenditure Reports shall be submitted. 6.1.2 All project expenditures for reimbursement of subrecipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the SIMON (Subgrant Information Management Online) system. 6.1.3 All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-audit and post-audit. 6.1.4 Before the "final" Project Expenditure Report will be processed, the subrecipient shall submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. 6.1.5 Reports shall submitted even when no reimbursement is being requested. 6.1.6 The report shall be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer's designee. 6.2 Project Performance Reports 6.2.1 The subrecipient shall submit Monthly or Quarterly Project Performance Reports in SIMON, hereafter known as the Department, within fifteen (15) days after the end of the reporting period. In addition, if the sub award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. 6.2.2 Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in Section IV 4.2, Performance of Agreement Provisions. 6.2.3 Performance Reports must include a response to all objectives included in your subaward. A detailed response is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. Additional information may be required if necessary to comply with federal reporting requirements. 6.2.4 Performance Reports may be submitted by the Project Director, Application Manager, or Performance Contacts. 6.3 Project Generated Income (PGI) -All income generated as a direct result of a subgrant project shall be deemed program income. Program income must be accounted for and reported in SIMON in accordanc~ with the OJP Financial Guide (Section 3.4). 6.3.1 The subrecipient shall submit Quarterly PGI Earnings and Expenditures Reports to the Department within thirty (30) days after the end of the reporting p'eriod covering subaward project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subaward ends, the subrecipient must continue submitting quarterly PGI reports until all funds are expended. 6.3.2 PGI Earnings and Expenditure reports must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer's designee. 6.3.3 Program income should be used as earned and expended as soon as possible and used to further the objects in which the award was made. Any unexpended PGI remaining at the end of the federal grant period must be submitted to OCJG for transmittal to the Bureau of Justice Assistance. SFY2017 JAG Standard Conditions Rev. 09/2016 Page 10 of23 6.4 Law Enforcement Training -Any law enforcement agency receiving JAG funding must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict and constructive engagement with the public. 6.5 Other Reports-The subrecipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 1.0 Access to Records -The Florida Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subrecipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. The Department reserves the right to unilaterally terminate this agreement if the subrecipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of § 119, Fla. Stat., unless specifically exempted and/or made confidential by operation of § 119, Fla. Stat., and made or received by the subrecipient or its contractor in conjunction with this agreement. The subrecipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 2.0 Monitoring -The recipient agrees to comply with FDLE's grant monitoring guidelines, protocols, and procedures; and to cooperate with FDLE on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, site visits, and/or Florida Department of Financial Services contract reviews and Expanded Audits of Payment (EAP). The recipient agrees to provide FDLE all documentation necessary to complete monitoring of the award and verify expenditures in accordance with § 215.971, Fla. Stat. Further, the recipient agrees to abide by reasonable deadlines set by FDLE for providing requested documents. Failure to cooperate with grant monitoring activities may result in sanctions affecting the recipient's award, including, but not limited to: withholding and/or other restrictions on the recipient's access to funds, referral to the Office of the Inspector General for audit review, designation of the recipient as a FDLE High Risk grantee, or termination of award(s}. 3.0 Property Management -The subrecipient shall establish and administer a system to protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, or 2 C.F.R. § 200, as applicable. This obligation continues as long as the subrecipient retains the property, notwithstanding expiration of this agreemen. 3.1 Property Use -The subrecipient must use equipment acquired under a Federal award for the authorized purposes of the project during the period of performance, or until the property is no longer needed. Subrecipients must use, manage, and dispose of equipment acquired under a Federal award in accordance with § 274, Fla. Stat. and 2 C.F.R. § 200.313, "Equipment". 4.0 Subaward Closeout -A Financial Closeout Audit shall be submitted to the Department within forty-five (45) days of the end date of the performance period. The Financial Closeout Audit must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer's designee. 5.0 High Risk Subrecipients -The subrecipient agrees to comply with any additional requirements that may be imposed during the grant performance period if FDLE's pre-award risk assessment or the U.S. Department of Justice determines the subrecipient is a high-risk grantee. (28 C.F.R. §§ 66, 70) 6.0 Reporting, Data Collection and Evaluation -The subrecipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by FDLE. SFY2017 JAG Standard Conditions Rev. 09/2016 Page 11 of 23 7.0 Retention of Records -The subrecipient shall maintain all records and documents for a minimum of five (5) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. The subrecipient shall comply with State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: http://dos.mvtlorida.com/media/693574/general- records-schedulegs01-sl.pdf http://dos.mvtlorida.com/media/693578/gs02.pdf 8.0 Disputes and Appeals -The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subrecipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the subrecipient appeals the Department's decision, the appeal alsb shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subrecipient's right to appeal the Department's decision is contained in § 120, Fla. Stat., and in procedures set forth in Fla. Admin. Code R.28-1 06.1 04. Failure to appeal within this time frame constitutes a waiver of proceedings under § 120, Fla. Stat. 9.0 Single Annual Audit 9.1 Subrecipients that expend $750,000 or more in a year in federal awards shall have a single audit or program-specific audit conducted for that year. The audit shall be performed in accordance with 2 C.F.R. § 200(F) Audit Requirements and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received, and funds disbursed. When applicable, the subrecipient shall submit an annual financial audit that meets the requirements of 11.45 and 215.97 §§ Fla. Stat., "Definitions; duties; authorities; reports; rules," and "Florida Single Audit Act" and Rules of the Auditor General: Chapters 10.550 and 10.650, "Local Governmental Entity Audits" and "Florida Single Audit Act Audits Nonprofit and For-Profit Organizations." 9.2 A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, including audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. \ 9.3 Audits shall be completed by an Independent Public Accountant (IPA) and according to Generally Accepted Government Auditing Standards (GAGAS). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. Subrecipients shall procure audit services according to § 200.509, and include clear objectives and scope of the audit in addition to peer review reports to strengthen audit quality and ensure effective use of audit resources. 9.4 The subrecipient shall promptly follow-up and take appropriate corrective action for any findings on the audit report in instances of noncompliance with federal laws and regulations, including but not limited to preparation of a summary schedule of prior audit findings and a corrective action plan. Subrecipient follow-up to audit findings must abide by requirements in 2 C.F.R. § 200.511. 9.5 Subrecipient understands and agrees that federal awarding and pass-through entities may withhold award funds, or may impose other related requirements, if (as determined by the federal awarding agency or pass-through entity, the subrecipient does not satisfactorily and promptly address outstanding issues from audits required by 2 C.F.R. § 200 or terms of this subaward, or other outstanding issues that arise in connection with audits, investigations or reviews of DOJ awards or subawards. 9.6 Auditees must make copies available for public inspection and ensure respective parts of the reporting package do not include protected personally identifiable information. Records shall be made available upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. SFY2017 JAG Standard Conditions Rev. 0912016 Page 12 of 23 9.7 Subrecipients that expend less than $750,000 in federal awards during a fiscal year are exempt from the audit requirements of 2 C.F.R. § 200(F) for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subrecipient is exempt. This notice shall be provided to the Department no later than June 30 following the end of the fiscal year. 9.8 If this agreement is closed without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. 9.9 The Federal Audit Clearinghouse is the repository of record for 2 C.F.R. § 200(F). Audits performed as a result of this requirement must be completed and submitted to the Federal Audit Clearinghouse within the earlier of thirty (30) calendar days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period. Submissions must include required elements described in 2 C.F.R. § 200, Appendix X, on the specified Data Collection Form (Form SF-SAC), and be signed by a senior level representative or chief official of the auditee. A scanned copy of the completed audit reports or a link to the electronic audit report should be sent via email to criminaljustice@fdle.stateJl.us or mailed to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 1.0 Procurement Procedures -Subrecipients must use documented procurement procedures which reflect applicable state, local, and tribal laws and regulations, provided that the procurement standards conform to federal procurement guidelines (2 C.F.R. §§ 200.317-326). 2.0 Federal Procedures -All procedures employed in the use of federal funds for any procurement shall also be according to 28 C.F.R. § 66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", 2 C.F.R. § 200.318, "General procurement standards", and Florida law to be eligible for reimbursement. 3.0 Cost Analysis -A cost analysis must be performed by the subrecipient if the cost or price is above the simplified acquisition threshold of $150,000. Costs or prices based on estimated costs for contracts are allowable only if allowable under 2 C.F.R. § 2000405(e),''Cost Principles". 4.0 Allowable Costs -Allowance for costs incurred under the subaward shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, 28 C.F.R. § 66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"; and 2 C.F.R. § 2000405(e), "Cost Principles". 4.1 All procedures employed in the use of federal funds for any procurement shall be according to 28 C.F.R. § 66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", 2 C.F.R. § 2000420, "Considerations for selected items of cost"; and Florida law to be eligible for reimbursement. 4.2 Subrecipients eligible to use the "de minimis" indirect cost rate described in 2 C.F.R. § 2000414(f), and that elects to use the "de minimis" indirect cost rate, must advise FDLE Office of Criminal Justice Grants in writing of both its eligibility and election, and must comply with all associated requirements in the OMB Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC). 4.3 Indirect cost proposals for local and state units of government must comply with 2 C.F.R. § 200, Appendix VII. SFY2017 JAG Standard Conditions Rev. 09/2016 Page 13 of 23 5.0 Unallowable Costs -Payments made for costs determined to be unallowable by either the Federal awarding agency or the Department, either as direct or indirect costs, must be refunded (including interest) to the Federal Government in accordance with instructions from the Federal agency that determined the costs are unallowable unless Federal statute or regulation directs otherwise. See also Subpart D-Post Federal Award Requirements and 2 C.F.R. §§ 200.300-309. 5.1 Prohibited Expenditure List -Subaward funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition. Recipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. The list of prohibited expenditures may be amended from time to time without any prior notice. The list of prohibited expenditures may be found at: https:llwww.bja.gov/Funding/JAGControlledPurchaseList.pdf. 6.0 Controlled Expenditure List -Requests for acquisition of items on the Controlled Expenditure List must receive explicit prior written approval from FDLE and BJA. If award funds are approved and used for the purchase or acquisition of any item on the Controlled Purchase List, the subrecipient must collect and retain for 3 years certain information about the use of 1) the federally grant funded controlled equipment and 2) any other controlled equipment in the same category as the federally-acquired controlled equipment in the agency's inventory, regardless of source; and make that information available to FDLE and BJA upon request. No equipment on the Controlled Expenditure list that is purchased or acquired under this award may be transferred or sold to a third party without the prior approval and guidance from FDLE and BJA. Failure to comply with conditions related to Prohibited or Controlled Expenditures may result in prohibition from further Controlled Expenditure approval under this or other awards. The list of controlled purchases may be found at: https:llwww.bja.gov/Funding/JAGControlledPurchaseList.pdf. 6.1 The recipient understands that, pursuant to recommendation 2.1 of Executive Order 13688, law enforcement agencies that acquire controlled equipment through Federal programs must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing Standards includes policies on (a) Community Policing; (b) Constitutional Policing; and (c) Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment; (b) Supervision of Use; (c) Effectiveness Evaluation; (d) Auditing and Accountability; and (e) Transparency and Notice Considerations. Upon OJP's request, the recipient agrees to provide a copy of the General Policing Standards and Specific Controlled Equipment Standards, and any related policies and protocols. 6.2 Recipient understands and agrees that failure to comply with conditions related to Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. 6.3 Recipient understands and agrees that, notwithstanding 2 CFR § 200.313, no equipment listed on the Controlled Expenditure List that is purchased under this award may be transferred or sold to a third party, except as described below: 6.3.1 Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LEA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the initial purchase of items on the Controlled Expenditure List. 6.3.2 Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. 6.3.3 Agencies may not transfer or sell any Controlled Equipment purchased under this award to non-LEAs, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prior written approval from BJA. All law enforcement-related and other sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. 6.4 Recipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award, and to abide by any applicable laws and regulations in such disposal. SFY2017 JAG Standard Conditions Rev. 09/2016 Page 14 of 23 6.5 Unmanned Aerial Vehicles -The recipient agrees that awarded funds may not be expended on unmanned aircraft, unmanned aircraft systems, or aerial vehicles (US, UAS, or UAV) unless the BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order. Additionally, any funding approved for this purpose would be subject to additional reporting, which would be stipulated by FDLE post award. 7.0 Review prior to Procurement -Subrecipients are encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods/services. Subrecipients are also encouraged to use excess and surplus property in lieu of purchasing new equipment and property when this is feasible. 8.0 Sole Source -If the project requires a purchase of services or equipment from a sole source, the subrecipient must complete the Sole Source Justification for Services and Equipment Form. If the subrecipient is a state agency and the cost is at least $150,000, then the agency must submit a copy of the approval from the Department of Management Services (§ 287.057(5), Fla. Stat.). Sole Source form must be signed by the subgrant recipient or implementing agency chief official or an individual with formal, written signature authority for the chief official. 9.0 Personal Services -Subrecipients may use grant funds for eligible personal services (salaries/benefits and overtime) and must maintain internal controls over salaries and wages. The following requirements apply to personal services paid with subgrant funds: 9.1 Timesheets -Timesheets must be kept for all project staff whose hours will be charged to the project. The timesheets must be signed by the supervisor and clearly indicate hours spent on project activities. 9.2 Additional Documentation -In accordance with § 215.971, Fla. Stat., the Florida Department of Financial Services may require documentation validation that personnel services were performed on project-related activities in accordance with the contract agreement. 9.3 Protected personally identifiable information -The subrecipient shall take reasonable measures to safeguard protected personally identifiable information and other information the pass-through entity designates as sensitive or the subrecipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. 9.4 Overtime for Law Enforcement Personnel -Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 9.5 Employees Working Solely on a Single Federal Award -For any position that works 100% of its time on a single federal award, the employee must certify that 100% of his or her time was spent working on that federal award. This requirement applies to both full time and part time positions regardless of the percentage of the position's salary that is charged to the grant. The certification must be signed by both the employee and the employee's direct supervisor having firsthand knowledge of the work performed by the employee. The forms must be submitted semi-annually and may not be signed prior to the end of the reporting period. Certifications must be provided to cover the entire grant period 9.6 Maximum Allowable Salary -No portion of these federal grant funds shall be used towards any part of the annual cash compensation of any employee of the subrecipient whose total annual cash compensation exceeds 110% of the maximum salary payable to a member of the Federal government's Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year. (The salary table for SES employees may be found at https://www.opm.gov/policy-data- oversight/pay-leave/salaries-wages/salarv-tables/16T ables/exec/htm I/ES .aspx.) A subrecipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds. This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 9.7 Percentage of Salary Funded-For any position previously funded with JAG funds, the percentage of the salary to be paid must not exceed prior funding percentage. SFY2017 JAG Standard Conditions Rev. 09/2016 Page 15 of 23 10.0 Contractual Services -The subrecipient must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts as described in 2 C.F.R. § 200.318, "General procurement". 10.1 Requirements for Contractors of Subrecipients -The subrecipient assures the compliance of all contractors with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended 42 U.S.C. § 3711 ; the provisions of the current edition of the Office of Justice Programs Financial Guide (http://ojp.gov/financialguide/DOJ/index.htm); and all other applicable federal and state laws, orders, circulars, or regulations. The subrecipient must pass-through all requirements and conditions applicable to the federal grant award/subaward to any subcontract. The term "contractor" is used rather than the term "vendor" and means an entity that receives a contract as defined in 2 C.F.R. § 200.22, the nature of the contractual relationship determines the type of agreement. 10.2 Approval of Consultant Contracts -The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $650 (excluding travel and subsistence costs) per eight-hour day, or $81.25 per hour. A detailed justification must be submitted to and approved by FDLE prior to obligation or expenditures of such funds. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subrecipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $650 threshold does not apply. 11.0 Travel and Training -The cost of all travel shall be reimbursed according to the subrecipient's written travel policy. If the subrecipient does not have a written travel policy, cost of all travel will be reimbursed according to State of Florida Travel Guidelines, § 112.061, Fla. Stat. Any foreign travel must obtain prior written approval. 11.1 BJA or FDLE Sponsored Events -The subrecipient agrees to participate in BJA-or FDLE-sponsored training events, technical assistance events, or conference held by FDLE or BJA or their designees, upon FDLE's or BJA's request. 11.2 Expenses Related to Conferences, Meetings, Trainings, and Other Events -The subrecipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the proviSion of food and/or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance may be found at: http://ojp.gov/financialguide/DOJ/PostawardReguirements/chapter3 .1 Oa. htm. 11.3 Training and Training Materials -Any training or training materials that has been developed or delivered with grant funding under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, found at: http://ojp.gov/funding/lmplement/TrainingPrinciplesForGrantees- Subgrantees.htm. 12.0 Publications, Media and Patents 12.1 Ownership of Data and Creative Material-Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, and 2 C.F.R. § 200.315 "Intangible Property," as applicable. 12.2 Copyright -The awarding agency reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: 12.2.1 The copyright in any work developed under an award or subaward, and 12.2.2 Any rights of copyright to which a subaward recipient or subrecipient purchases ownership with support funded under this grant agreement. SFY2017 JAG Standard Conditions Rev. 0912016 Page 16 of 23 12.3 Publication or Printing of Reports -The subrecipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web- based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. The subrecipient understands and agrees that any training materials developed or delivered with grant funding must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees found at http://ojb.gov/funding/lmplement/TrainingPrinciplesForGrantees- Subgrantees.htm. All materials publicizing or resulting from award activities shall contain the following statements identifying the federal award: "This project was supported by Award No. ___ awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the authors and do not necessarily reflect the views of the Department of Justice". 12.4 Patents -If any program produces patentable items, patent rights, processes, or inventions, in the course of work sponsored by the federal award or subaward funds, such facts must be promptly and fully reported to the awarding agency. 12.4.1 Unless there is a prior agreement between the subrecipient and the Department on disposition of such items, the Department may determine whether protection on the invention or discovery will be sought. 12.4.2 The Department will also determine how rights in the. invention or discovery (including rights under any patents issued) will be allocated and administered in order to protect the public interest consistent with "Government Patent Policy" ("President's Memorandum for Heads of Executive Departments and Agencies," (August 23, 1971), and statement of Government patent policy, as printed in 36 Federal Register 16839). 12.4.3 Government regulations have been issued in 37 C.F.R. § 401 by the U.S. Department of Commerce. 13.0 Confidential FOnds and Confidential Funds Certificate -A signed certification that the Project Director or Implementing Agency Chief Official has read, understands, and agrees to abide by all conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required for all projects that involve confidential funds. The signed certification must be submitted at the time of grant application. This certificate certifies the Project Director has read, understands, and agrees to abide by the provision in Section 3.12 of the Office of Justice Programs Financial Guide. This form must be submitted upon application if applicable. Confidential Funds certifications must be signed by the subrecipient or implementing agency Chief Official or an individual with formal, written signature authority for the Chief Official. 14.0 Task Force Training Requirement -The subrecipient agrees that within 120 days of award, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfILorg). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. When FDLE awards funds to support a task force, the subrecipient must compile and maintain a task force personnel roster along with course completion certificates. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfILorg). SFY2017 JAG Standard Conditions Rev. 09/2016 Page 17 of 23 15.0 Information Technology Projects 15.1 Criminal Intelligence Systems -The subrecipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. § 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F .R. § 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. § 23.20(g). Should any violation of 28 C.F.R. § 23 occur, the subrecipient may be fined as per 42 U.S.C. § 3789g(c)-(d). The subrecipient may not satisfy such a fine with federal funds. The subrecipient understands and agrees that no awarded funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. In doing so the subrecipient agrees that these restrictions will not limit the use of awarded funds necessary for any federal, state, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecutions, or adjudication activities. 15.2 State Information Technology Point of Contact -The subrecipient agrees that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. 15.2.1 In addition, the subrecipient agrees to maintain an administrative file documenting the meeting of this requirement. A list of State Information Technology Points of Contact may be found at www.it.oip·gov/technology~contacts. 15.2.2 To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subrecipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 15.3 ADP Justification -The subrecipient must complete an Automated Data Processing (ADP) Equipment and Software and Criminal Justice Information and Communication Systems Request for Approval form if the purchase of any ADP equipment is to be made. This form must be submitted upon application, if applicable. ADP justification must be signed by the subrecipient or implementing agency chief official or an individual with formal, written signature authority for the chief official. 16.0 Interoperable Communications Guidance 16.1 Subrecipients that are using funds to support emergency communications activities must comply with the current SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Emergency communications activities include the purchase of Interoperable Communications Equipment and technologies such as voice-over-internet protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC) Waiver Order. SAFE COM guidance may be found at www.dhs.gov/safecom. 16.2 Subrecipients interested in developing a public safety broadband network in the 700 MHz band in their jurisdictions must adhere to the technical standards set forth in the FCC Waiver Order, or any succeeding FCC orders, rules, or regulations pertaining to broadband operations in the 700 MHz public safety band. The subrecipient shall also ensure projects support the Statewide Communication Interoperability Plan (SCIP) and are fully coordinated with the full-time Statewide Interoperability Coordinator (SWIC). If any future regulatory requirement (from the FCC or other governmental entity) results in a material technical or financial change in the project, the recipient should submit associated documentation, and other material, as applicable, for review by the 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. SFY2017 JAG Standard Conditions Rev. 09/2016 Page 18 of 23 17.0 Drug Court Projects -A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment-Based Drug Court Programs." ' 1.0 Ballistic Resistant and Stab Resistant Body Armor and Body Worn Camera 1.1 Mandatory Wear Policy -Subrecipients that wish to purchase armor with JAG funds must certify that law enforcement agencies receiving vests have a written "mandatory wear" policy in effect. This policy must be in place for at least all uniformed officers before funding can be used by the agency for body armor. There are no requirements regarding the nature of the policy other than it being a. mandatory wear policy for all uniformed officers while on duty. FAQs related to the mandatory wear policy and certifications may be found at www.bja.gov/Furiding/JAGFAQ.pdf. 1.2 BVP Program -JAG funds may be used to purchase armor for an agency, but may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. 1.3 NIJ Compliance -Body armor purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (http://niLgov). In addition, body armor purchased must be American- made. The latest NIJ standard information may be found at www.nii.gov/topics/technology/body-armor. 1.4 Body Worn Camera Certification -Any subrecipient who wishes to use JAG funds to purchase BWC equipment, or to implement or enhance BWC programs, must certify that they or the law enforcement agency receiving the BWC funding have policies and procedures in place related to equipment usage, data storage, privacy, victims, access, disclosure, and training. For more information on BWC requirements, example policies, and best practices, visit https:llwww.bja.gov/bwc/. 2.0 Environmental Protection Agency's (EPA) list of Violating Facilities -The subrecipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 3.0 National Environmental Policy Act (NEPA) 3.1 The subrecipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of subaward funds by the subrecipient. This applies to the following new activities whether or not they are being specifically funded with these subaward funds. That is, it applies as long as the activity is being conducted by the subrecipient or any third party and the activity needs to be undertaken in order to use these subaward funds. Accordingly, the subrecipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the recipient agrees to contact FDLE OCJG. 3.1.1 New construction 3.1.2 Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 OO-year flood plain; a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; 3.1.3 A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and 3.1.4 Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. SFY2017 JAG Standard Conditions Rev. 09/2016 Page 19 of 23 3.1.5 Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. 3.2 The subrecipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subrecipient further understands ,and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice at www.bja.gov/Funding/nepa.html. for programs relating to methamphetamine laboratory operations. 3.3 For any of a subrecipient's existing programs or activities that will be funded by these subawards, the subrecipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by the Department of Justice of a national or program environmental assessment of that funded program or activity. 4.0 Methamphetamine Plans: Mitigation of Health, Safety and Environmental risks dealing wit\l Clandestine Methamphetamine Laboratories -If an award is made to support methamphetamine laboratory operations the subrecipient must comply with this condition, which provides for individual site environmental assessmenUimpact statements as required under the National Environmental Policy Act. 4.1 General Requirement: The subrecipient agrees to comply with federal, state, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. The subrecipient also agrees to complete a Methamphetamine Mitigation Plan (MMP) that includes the nine protective measures or components required by BJA and submit the plan to FDLE's Office of Criminal Justice Grants. 4.2 Specific Requirements: The subrecipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subrecipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subaward. In so doing, the subrecipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. 4.2.1 Provide medical screening of personnel assigned or to be assigned by the subrecipient to the seizure or closure of clandestine methamphetamine laboratories; 4.2.2 Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subrecipient to either the seizure or closure of clandestine methamphetamine laboratories; 4.2.3 As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; 4.2.4 Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; 4.2.5 Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 4.2.6 Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; SFY2017 JAG Standard Conditions Rev. 0912016 Page 20 of 23 4.2.7 Monitor the transport, disposal, and recycling components of subparagraphs 4.2.5 and 4.2.6 immediately above in order to ensure proper compliance; 4.2.8 Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's 1) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and 2) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing federal and state requirements; and 4.2.9 Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can 1) respond to the potential health needs of any minor at the site; 2) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; 3) ensure immediate medical testing for methamphetamine toxicity; and 4) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity 5.0 National Historic Preservation Act -The Act will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. §§ 469 a-1, et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 6.0 Human Research Subjects -Subrecipient agrees to comply with the requirements of 28 C.F.R. § 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 7.0 Trafficking in Persons -The subrecipient must comply with applicable requirements pertaining to prohibited conduct relating to the trafficking of persons, whether on the part of recipients, subrecipients or individuals defined as "employees" of the subrecipient. The details of the recipient and subrecipient obligations related to prohibited conduct related to trafficking in persons are incorporated by reference and posted at www.ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. 8.0 Global Standards Package· In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the recipient to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for thfs particular grant. Recipient shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: www.it.ojp.gov/gsp qrantcondition. Recipient shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 9.0 Disclosures 9.1 Conflict of Interest· The subrecipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Subrecipients must disclose in writing any potential conflict of interest to PDLE (the non-federal pass-through entity). 9.2 Violations of Criminal Law· The subrecipient and implementing agency must disclose all violations of state or federal criminal law involving fraud, bribery or gratuity violations potentially affecting the sub award. 9.3 Sanctuary Cities· The subrecipient and implementing agency must certify compliance with 8 U.S.C. § 1373. The subrecipient and implementing agency must agree to notifing FDLE (the non-federal pass- through entity) in writing of any potential violations of 8 U.S.C. § 1373. SFY2017 JAG Standard Conditions Rev. 0912016 Page 21 of 23 10.0 Uniform Relocation Assistance and Real Property Acquisitions Act -The subrecipient will comply with the requirements of the Uniform Relocation Assistance and Re~1 Property Acquisitions Act of 1970 (42 U .S.C. §§ 4601, et seq.), which governs the treatment of persons displaced as a result of federal and federally-assisted programs. 11.0 Limitations on Government Employees Financed by Federal Assistance -The subrecipient will comply with requirements of 5 U.S.C. §§ 1501-08 and 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 12.0 Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct -The subrecipient must promptly refer to DOJ Office of Inspector General (OIG) and the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a claim for grant funds that violates the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. 13.0 Restrictions and certifications regarding non-disclosure agreements and related matters- Subrecipients or contracts/subcontracts under this award may not require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits, restricts or purports to prohibit or restrict, the reporting of waste, fraud or abuse in accordance with law, to an investigative or law enforcement representative of a state or federal department or agency authorized to receive such information. The subrecipient certifies that if is informed, or notified if any subrecipient, or contractor/subcontractor has been requiring their employees to execute agreements or statements that prohibit the reporting of fraud, waste, or abuse that it will immediately cease all further obligations of award funds to the entity and will immediately notify the awarding agency. The subrecipient will not resume obligations until expressively authorized to do so from the awarding agency. 14.0 Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable - Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 15.0 Text Messaging While Driving -Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving", 74 Fed. Reg. 51225 (October 1, 2009), and § 316.305, Fla. Stat.., the subrecipient is encouraged to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this subaward and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 16.0 DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database -If JAG program funds will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (CODIS), by a government DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other non-governmental DNA database without prior express written approval from BJA. In addition, funds may not be used for purchase of DNA equipment and supplies when the resulting DNA profiles from such technology are not accepted for entry into CODIS (the National DNA Database operated by the FBI). 17.0 Environmental Requirements and Energy -For subawards in excess of $100,000, the subrecipient must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. § 1857(h)), section 508 of the Clean Water Act (33 U .S.C. § 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 C.F .R. § 15). The subrecipient must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), if any. 18.0 Other Federal Funds -The subrecipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this award, and those awards have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this award, the subrecipient will promptly notify, in writing the grant manager for this award, and, if so requested by OCJG seek a budget modification or change of project scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. SFY2017 JAG Standard Conditions Rev. 09/2016 Page 22 of23 19,0 Compliance with 41 U,S,C § 4712 -The subrecipient must comply with all applicable provision of 41 U.S.C. § 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, gross waste of federal funds, and abuse of authority relating to a federal grant, a substantial or specific danger to public health or safety, or a violation of law, rule or regulation related to a federal grant. SFY2017 JAG Standard Conditions Rev. 0912016 Page 23 of23 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Signature: Typed Name and Title: Date: ___ --L...!12-"'--l[~L"____4_=H:'--'-2_'_"'"tt"""_'<a""______ _________ _ Typed Name of Subgrant Recipient: c:P hI t' ~p S4odJa..rd Signature /fl;tWv-d4A Typed Name and Title: 0\ tU-\ ()( Ci ~ 0 ~ ~ ~ rQ "Q\U Q' \ ~ ~ Date: '1 De£:.-1.0 " Signature: n:in~o,:;,,"'j M-'~' «;:,'(,<.e-~. C\\-,~~ ~~ ~£:)l:s: Date: Application Ref # 2017 -JAGC-3095 Section #6 Page 1 of 1 Contract -JAGC-DADE--- Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Insert Certifications and Authorizations here. Application Ref # 2017-JAGC-3095 Section #7 Page 1 of 1 Contract 2017 -JAGC-DADE-21-F9-182 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) CERTIFICA TION FORM Compliance witbthe Equal Employment Opportunity Plan (EEOI) Requirements Please read the Instructions (see below) and then complete Section A or Section B or Section C. not all three. !(recipient mvard over Sectio/1 D. Section B-Declaration Claiming Exemption from the EEOP Submission Requh·ement and Certifying That all EEOP Is 011 File for Review lfq recipient agency has fifty .01' more employees qnd is receiving a single award or, subawal'd,of $25, 000 0,. more, bUlless than $500, 000, then the recipient agency does not have to sublilit an EEOP to the OCRfOi' review as long as it certifies the folloWing (42 C.F.R. § 42.305).' I, [responsible officialJ, certify that _ [recipient], which has fifty or more employees and is receiving a single award or sub award for $25,000 or more, but less than $500,000, has fonnulated an EEOP in accordance with.28 CPR pt. 42, subpt. E. 1 further certify that within the last twenty~four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable federal law, it is available for review by the public, employees, the approptiatestateplcil1ning agency, and the Office for Civil Rights; Office of Justice Programs. u.s. Department of Justice. The EEOP is on file at theJollowing office: [organization], [address], CERTIFICATION REGARDING LOBBYING; DEBARMENT. SUSPENSION. AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Pro!:lram Form Provided by the U.S. DEPARTMENT OF JUSTICE. OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement 1, LOBBYING As required by Section 1352, TIlle 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperatIve agreement over $100,000, as defIned at 28 CFR Part 69, the appl,cant certifIes that (a) No federal appropnated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an off,cer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connectIon with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modificatIOn of any Jederal grant or cooperative agreement, (b) If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an offIcer or employee 01 any agency, a member of Congress, an officer or an employee of Congress, or an employee of a member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "DIsclosure of LQbbying ActiVIties", in accordance WIth its instructions, (e) The undersigned shall require that the language of this certifIcation be included in the award documents for all subawards at all tiers (inCluding subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordIngly. 2, DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospectiVe participants in prima!)' covered transactions, as defIned at 28 CFR Part 67, Section 67.510 - A. The applicant certifIes that It and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefIts by a State or Federal court, or voluntarily excluded from covered transactions by any federal department or agency, (b) Have not withm a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense In connection. with obtaining, attempting to obtain, or performmg a public (Federal, State, or local) transaction or contract under a public transactIon, violation of Federal or State antItrust statutes or commission of embeZZlement, theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (e) Are not presently indicted for or otherwise criminally or ciVIlly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not withIn a three-year period preceding this applicatIon had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant IS unable to certIfy to any of the statements in this certifIcation, he or she shall attach an ex plana lion to this application. 3, DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defIned at 28 CFR Part 67 Sections 67.615 and 67.620- A. The applicant certifIes that it will or will continue to provide a drug- free workplace by. (a) Publishing a statement notifying employees that the unlawful manufacture, dIstribution, dIspensing, posseSSion, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition, (b) Establishing an on-going drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace, (3) Any available drug counseling, rehabilitatIon, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; FDLE JAG Grant Application Package Lobbying, Debarment, SuspenSion, and Drug-Free Workplace Certification Page 1 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward Bvrne Memorial Justice Assistance Grant Pro~ram (e) Making it a reqUirement that oachemployee to be engaged in the performance oHhe grant be given·a copy 01 the statement required by paragraph (a); . (d) Notifying the employee in tho statement required by paragraph (a) that,as Ii condition of employment under the grant, the employee will- (1) Abide by the terms of the statement, and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after the conViction; (e) Notifying the agency, in writing, within 10 calendar days after receiVing notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice including posilion title, to: Department of Jlisticc, Off,ce 01 Justice Programs, ATTN. Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identif,cation number($) of each affected grant; (f) Taking .one of the following act;ons, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convlcted- (1) TaKing appropriate personnel action against such an employee, up to and including termination, consistent witl) the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee \0 participate satisfactorily in a drug abuse ass,stance or rehabilitation program approved (or such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to cQntinue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (I) B. The grantee may insert in the space provided below the s'ite(s) for the performance of work done in connection with the specific grant Place of Performance (Street address, city, county, state, zip code) Check here _ If Ihere are workplaces on file that are not identified here. Section 67.630 of lhe regulations provides that a grantee that is a State inay elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding States and State agencies may elect to use OJP Form 4061f7 Check here _ If the State has elected to complete OJP Form 4061f7 ' DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988,and implemented at 28 CFR Part 67, Subpart F, forgrantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620- A. As a condition of the grant, I certify Ihat I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B. If conVicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I .Will report the conviction, In writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 6~3 Indiana Avenue, NW, Washington, D .. C.20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address c,:'1 t> g ~0IJY6 dji'4fY1 i ? It;" })e.pdhU 1'1 t ~/JO .fu1J$ef. 2. Project Name .. · ___ ~..:..=E'_n:...-..:A:.::c_.:.:..l-=4.::J. =:.-.:..*'-J,'Pl..-______________ _ 3. Typed Name and Title of Authorized Representative:.---,CJ=~::J.' '..J-' \!..~~L"--_~~4=:!!ii'..,c!:We....~' -\""_ .... A~~p·~:.!.-'---- FDLE JAG Grant Application Package Lobbying, Debarment, Suspension, and Drug-Free Workplace Celtificatlon Page 2 CONFIDENTIAL FUNDS CERTIFICATION Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program Certification. Regarding Confidential Funds. A signed certification that the project director has read, understands, and agrees to abide by the provisions in Section 3.12 of the Office of Justice Programs' (OJP) Financial Guide is required from all projects that involve confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of the grant application. I-:::----:--'-:-::-:---:------'-------L--'--"'--'-----j Project Title: Name of Subgrantee: /. L.. (') (A ~ "I t? f .;;,0"; ~ 'rf) l'tun ~ Name of I mplementing Agency: Address: ~kte 1)~~l"ftn~ttf ~I;,o S:vnse.t VIZ, 'S()"~ Tr/"(4w.i I ~':!>/4'3 This is as set Implementing Agency Authorized Official: ~thatlhaveread,unde the effective edition of Telephone Number: funds 1. Purchase of Services (PIS). This category includes travel or transportation of a non~federal officer or ~n informant; the lease of an apartment, business front, automobiles, aircraft or boat, or Similar effects to create or establish the appearance of affluence; and/or meals, beverages, entertainment and similar expenses (including buy money and flash rolls, etc.) for undercover purposes, within reasQnable limits. 2. Purchase of Evidence (PIE). This category is for the purchase of evidence andlor contraband such as narcotics and dangerous drugs, firearms, stolen property, counterfeit tax stamps, etc., required .to determine the existence of a crime or to establish the identity of a participant in a crime. 3. Purchase of SpeCific Information (PII). This category includes the payment of monies to an informant for specific information. Other informant expenses classified under PIS may be charged accordingly . FDLE JAG Grant App/lcation Packau_e ____ _ Rule Reference 11 D~9.006 . _____________ Confidential Funds Certification Page 1 OCJG·008 (Rev. October 2015) AUTOMATED DATA PROCESSING (ADP) EQUIPMENT AND SOFTWARE AND CRIMINAL JUSTICE INFORMATION AND COMMUNICATION SYSTEMS REQUEST FOR APPROVAL FORM Florida Department of Law Enforcement Edward Byrne Memorial Justice Assi.stance Grant Program Name of Subgrant Recipient: Date: .\; ''')...0\\0 I By signatufi ab ve, the subgrantee is certifying intention to comply with the General Guidelines, Section 1, and is requesting approval of proposed activity through response to ! Required Information, Section II. I I Section I: General Guidelines forSubgrantees: I 1 1. I The application for procurement of ADP equipment and software shall be written in a manner consistent with maximum open and free competition in the procurement of hardware,software and related services. 2. Criminal justice information and communication systems shall be designed and programmed to maximize the use of standard and readily available computer equipment and programs. Subgrantees should utilize the past experience of other agencies which have successfully implemented such systems. A detailed requirements analysis should be performed and a search for existing software that could meet the identified requirements should be made before new software is developed. If new software is developed, it shall be designed and documented so that other criminal justice agencies will be able to use it with minor modifications and at minimum cost. 3. Subgrantees shall request approval prior to arranging for patent of computer software and programs. Federal requirements governing copyright apply in all cases. The U. S. Department of Justice reserves a royalty-free, non-eXclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal Government purposes the copyright in any work developed under a subaward and any rights of copyright to which a subgrantee purchases ownership with grant support. NOTE: If the total purchase or lease price exceeds $150,000, justification must be submitted to FDLE on these forms for approval. If the purchase or lease is less than $150,000, the applicant may provide justification in the application itself. FDLE JAG Grant Application Package ADPForm Rule Reference 11 D-9.006 Page 1 OCJG·010 (Rev. Octobe(2015) I i AUTOMATED DATA PROCESSING (ADP) EQUIPMENT AND SOFTWARE AND CRIMINAL JUSTICE INFORMATION AND COMMUNICATION SYSTEMS REQUEST FOR APPROVAL FORM Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program I Section II: Required Information: I 11 . A description of the ADP hardware and/or software you plan to purchase, including: a. Number of units and projected cost of each. I ! b. Equipment specifications including disk drive storage space, amount of random access memory, microprocessor size and speed, and any other pertinent system specifications. If a network is purchased, specify the type of file server, hub/routers, network cards, network wiring and installation costs. If a printer is purchased, indicate the type of printer. c. Software specifications including name and version (ex. Microsoft Word for Windows© 6.0) and the number of licenses to be acquired. d. A brief description of how the proposed equipment and/or software will be used to further grant objectives. 2. Certify that ADP hardware and software procurement complies with existing federal, state, and local laws and regulations. 3. If ADP hardware will be purchased, describe the results of your lease/purchase analysis and explain the advantage of purchase over lease. 4. If ADP software will be developed, explain why already produced and available software will not meet the needs of this subgrant. 5. If your purchase of ADP hardware, software or combination thereof will be from a sole source and is $150,000 or more, complete a Sole Source Justification Form and attach it. FDLE JAG Grant Application Package Rule Reference 11D-9.006 ADPForm Page 2 OCJG-010 (Rev. October 2015) Edward Byrne Memorial S~?!'!_~!'ci Lo_c'-ac;.-I-'-L_a-'-w ___ _ Enforcement Assistance Formula Grant Program Automated Data Processing (ADP) Equipment and Software And Criminal Justice Information and Communication Systems Request for Approval Form (Continuation Page _ .) FDLE JAG Grant Ae.e.!Lc:~~p.'!..P~ckag.;;...e ________________________ ___'_A.:.::D'_'_P::::F'-'o:..:..:..:rm, Page 3 OCJG·010 (Rev. October 2015) Rule Reference 11D-9.006 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award . number 2017-JAGC-DADE-21-F9-182, in the amount of $ 2,945.00, for a project entitled, RI-RECORDS IMPROVEMENT PROJECT -SOUTH MIAMI, for the period of 10101/2016 through 09/30/2017, 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: No recipient or subrecipient, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to restrict, the reporting of waste, fraud or abuse in accordance with the law to a department or agency authorized to receive such information. This is not intended to contravene requirements applicable to classified, sensitive or exempt information. In accepting this award, the subgrantee certifies that it neither requires nor has required employees or contractors to sign such internal confidentiality agreements or statements. The City of South Miami must undertake a review to validate its compliance with 8 U.S.C. § 1373. If determined to be in compliance at the time of review, the City of South Miami must submit documentation that contains a validation to that effect and includes an official legal opinion from counsel (including related legal analysis) adequately supporting the validation. If the City of South Miami determines it is not in compliance at the time of review, sufficient and effective steps must be taken to bring the City of South Miami into compliance therewith and thereafter submit documentation that details the steps taken, contains a validation that the City of South Miami has come into compliance, and includes an official legal opinion from counsel (including related legal analysis) adequately supporting the validation. In accepting this award, the subgrantee unit of government certifies it will provide documentation to FDLE's Office of Criminal Justice Grants by March 31, 2017. Failure to comply with this condition could result in the withholding or repayment of grant funds, suspension or termination of the grant, ineligibility for future FDLE subawards, or other administrative, civil, or criminal penalties. (Signature of Subgrantee's Authorized Official) (Print Name and Title of Official) (Name of Subgrantee) (Date of Acceptance) Rule Reference 11 D-9.006 OCJG-012 (rev. June 2012) State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 ATTESTATIONS AND CERTIFICATIONS This form is required to be completed by the authorized official, or authorized official designee, of all subgrantee units of government receiving Edward Byrne Memorial Justice Assistance Grant (JAG) program federal pass-through funding from the Florida Department of Law Enforcement. In accepting this award, the subgrantee certifies that it will comply with the requirements set forth below and/or any other requirements of the subaward. Failure to do so may result in a hold or freeze on the drawdown of federal funds, and/or suspension or termination of the agreement. Procurement Standards: The subgrantee, through its authorized representative, certifies the unit of government below has written procurement policies and standards that are compliant with the requirements set forth in the Office of Management and Budget (OMB) Uniform Requirements, 2 C.F.R. §§ 200.317-326, and OJP Financial Guide, Section 3.8. Additionally, the subgrantee assures these policies and standards will be utilized for all federal grant related procurement activities. Conflict of Interest: Decisions related to use of these grant funds must be free of undisclosed personal or organizational conflicts of interest, both in fact and in appearance. The subgrantee, through its authorized representative, certifies the unit of government below is compliant with OMB Uniform Requirements, 2 C.F.R. § 200.112, and OJP Financial Guide, Section 3.20 regarding Conflict of Interest, and will notify FDLE Office of Criminal Justice Grants, in writing, of any potential conflicts of interest in accordance with this agreement. The recipient also agrees to disclose in a timely manner, in writing, all violations of state or federal criminal law involving fraud, bribery or gratuity violations. Organization Name: City of South Miami Subaward Number: 2017-JAGC-DADE-21-F9-182 (Printed Name and Title of Authorized Official) (Signature of Authorized Official) (Date)